Am. Sub. H. B. No. 95, Part IAs Reported by the Committee of Conference

REPRESENTATIVE Calvert

SENATORS Harris, DiDonato, Carnes, Jacobson, Blessing, Goodman, Fingerhut, Miller, Mallory, Prentiss, White

A BILL

To amend sections 9.01, 9.83, 101.34, 101.72, 101.82,

102.02, 109.32, 109.57, 109.572, 117.101, 117.16,

117.44, 117.45, 121.04, 121.08, 121.084, 121.41,

121.48, 121.62, 122.011, 122.04, 122.08, 122.17,

122.171, 122.25, 122.651, 122.658, 122.87, 122.88,

123.01, 124.03, 124.15, 124.152, 124.181, 125.05,

125.06, 125.07, 125.15, 125.91, 125.92, 125.93,

125.95, 125.96, 125.98, 127.16, 131.02, 131.23,

131.35, 145.38, 147.01, 147.37, 149.011, 149.30,

149.31, 149.33, 149.331, 149.332, 149.333, 149.34,

149.35, 153.65, 164.14, 164.27, 165.09, 166.16,

173.06, 173.061, 173.062, 173.07, 173.071, 173.14,

173.26, 175.03, 175.21, 175.22, 183.02, 306.35,

306.99, 307.86, 307.87, 307.93, 307.98, 307.981,

307.987, 311.17, 317.32, 321.24, 323.01, 323.13,

325.31, 329.03, 329.04, 329.05, 329.051, 329.06,

340.021, 340.03, 341.05, 341.25, 504.03, 504.04,

505.376, 507.09, 511.12, 515.01, 515.07, 521.05,

715.013, 718.01, 718.02, 718.05, 718.11, 718.14,

718.15, 718.151, 731.14, 731.141, 735.05, 737.03,

753.22, 901.17, 901.21, 901.22, 901.63, 902.11,

921.151, 927.53, 927.69, 929.01, 955.51, 1309.109,

1317.07, 1321.21, 1333.99, 1337.11, 1346.02,

1501.04, 1503.05, 1513.05, 1515.08, 1519.05,

1521.06, 1521.063, 1531.26, 1533.08, 1533.10,

1533.101, 1533.11, 1533.111, 1533.112, 1533.12,

1533.13, 1533.151, 1533.19, 1533.23, 1533.301,

1533.32, 1533.35, 1533.40, 1533.54, 1533.631,

1533.632, 1533.71, 1533.82, 1541.10, 1548.06,

1551.11, 1551.12, 1551.15, 1551.311, 1551.32,

1551.33, 1551.35, 1555.02, 1555.03, 1555.04,

1555.05, 1555.06, 1555.08, 1555.17, 1563.42,

1702.59, 1711.13, 1711.15, 1711.17, 1751.05,

1751.11, 1751.12, 1751.13, 1751.16, 1751.60,

2101.16, 2117.06, 2117.25, 2133.01, 2151.352,

2151.3529, 2151.3530, 2151.83, 2151.84, 2152.19,

2301.02, 2301.03, 2301.58, 2305.234, 2329.07,

2329.66, 2335.39, 2505.13, 2715.041, 2715.045,

2716.13, 2743.02, 2743.191, 2743.51, 2743.60,

2743.65, 2915.01, 2915.02, 2915.08, 2915.081,

2915.082, 2915.09, 2915.091, 2915.092, 2915.093,

2915.095, 2915.10, 2915.101, 2915.13, 2917.41,

2921.13, 2923.35, 2925.44, 2929.38, 2933.43,

2935.36, 2949.091, 3111.04, 3119.01, 3121.01,

3123.952, 3125.12, 3301.0710, 3301.0711,

3301.0714, 3301.52, 3301.53, 3301.54, 3301.55,

3301.57, 3301.58, 3301.68, 3301.80, 3307.01,

3307.35, 3309.341, 3311.05, 3311.24, 3311.26,

3313.843, 3313.975, 3313.976, 3313.977, 3313.978,

3313.979, 3313.981, 3314.02, 3314.03, 3314.041,

3314.07, 3314.08, 3314.17, 3316.031, 3316.08,

3317.012, 3317.013, 3317.014, 3317.02, 3317.022,

3317.023, 3317.024, 3317.029, 3317.0217, 3317.03,

3317.032, 3317.05, 3317.064, 3317.07, 3317.09,

3317.10, 3317.16, 3318.01, 3318.03, 3318.042,

3318.05, 3318.06, 3318.08, 3318.30, 3318.31,

3318.37, 3318.41, 3319.01, 3319.02, 3319.03,

3319.07, 3319.19, 3319.22, 3319.33, 3319.36,

3319.55, 3323.16, 3327.01, 3327.011, 3329.06,

3329.08, 3332.04, 3333.12, 3353.11, 3361.01,

3375.41, 3377.01, 3377.06, 3383.01, 3383.07,

3501.18, 3501.30, 3503.10, 3505.01, 3505.061,

3505.08, 3505.10, 3517.092, 3701.021, 3701.022,

3701.024, 3701.141, 3701.145, 3701.741, 3701.83,

3701.881, 3701.99, 3702.31, 3702.529, 3702.53,

3702.532, 3702.54, 3702.544, 3702.55, 3702.60,

3702.61, 3702.68, 3702.74, 3705.01, 3705.23,

3705.24, 3709.09, 3710.05, 3710.07, 3711.021,

3717.42, 3721.02, 3721.121, 3722.151, 3733.43,

3733.45, 3734.02, 3734.05, 3734.12, 3734.123,

3734.124, 3734.18, 3734.28, 3734.42, 3734.44,

3734.46, 3734.57, 3735.27, 3735.66, 3735.67,

3735.671, 3737.81, 3745.04, 3745.11, 3745.14,

3745.40, 3746.13, 3748.07, 3748.13, 3769.087,

3770.07, 3770.10, 3770.12, 3770.99, 3773.33,

3773.43, 3901.491, 3901.501, 3901.72, 4104.01,

4104.02, 4104.04, 4104.06, 4104.07, 4104.08,

4104.15, 4104.18, 4104.19, 4104.20, 4104.41,

4104.44, 4104.45, 4104.46, 4105.17, 4112.15,

4115.10, 4117.02, 4117.14, 4123.27, 4123.41,

4141.04, 4141.09, 4141.23, 4301.03, 4301.19,

4301.30, 4301.361, 4301.364, 4301.43, 4303.02,

4303.021, 4303.03, 4303.04, 4303.05, 4303.06,

4303.07, 4303.08, 4303.09, 4303.10, 4303.11,

4303.12, 4303.121, 4303.13, 4303.14, 4303.141,

4303.15, 4303.151, 4303.16, 4303.17, 4303.171,

4303.18, 4303.181, 4303.182, 4303.183, 4303.184,

4303.19, 4303.20, 4303.201, 4303.202, 4303.203,

4303.204, 4303.21, 4303.22, 4303.23, 4303.231,

4501.06, 4503.06, 4503.101, 4503.103, 4505.06,

4506.14, 4506.15, 4506.16, 4506.20, 4506.24,

4508.08, 4509.60, 4511.33, 4511.62, 4511.63,

4519.55, 4561.18, 4561.21, 4707.071, 4707.072,

4707.10, 4709.12, 4717.07, 4717.09, 4719.01,

4723.01, 4723.06, 4723.07, 4723.08, 4723.082,

4723.17, 4723.271, 4723.34, 4723.35, 4723.431,

4723.63, 4729.01, 4729.41, 4731.27, 4731.65,

4731.71, 4734.15, 4736.12, 4743.05, 4747.05,

4747.06, 4747.07, 4747.10, 4751.06, 4751.07,

4759.08, 4771.22, 4779.08, 4779.17, 4779.18,

100

4903.24, 4905.79, 4905.91, 4919.79, 4931.45,

101

4931.47, 4931.48, 4973.17, 4981.20, 5101.11,

102

5101.14, 5101.141, 5101.142, 5101.144, 5101.145,

103

5101.146, 5101.16, 5101.162, 5101.18, 5101.181,

104

5101.21, 5101.211, 5101.212, 5101.22, 5101.24,

105

5101.26, 5101.27, 5101.28, 5101.35, 5101.36,

106

5101.46, 5101.58, 5101.59, 5101.75, 5101.80,

107

5101.83, 5101.97, 5103.031, 5103.033, 5103.034,

108

5103.036, 5103.037, 5103.038, 5103.0312,

109

5103.0313, 5103.0314, 5103.0315, 5103.0316,

110

5103.154, 5104.01, 5104.011, 5104.02, 5104.04,

111

5104.30, 5104.32, 5107.02, 5107.30, 5107.37,

112

5107.40, 5107.60, 5108.01, 5108.03, 5108.06,

113

5108.07, 5108.09, 5108.10, 5111.016, 5111.0112,

114

5111.02, 5111.021, 5111.022, 5111.03, 5111.06,

115

5111.082, 5111.111, 5111.17, 5111.171, 5111.20,

116

5111.21, 5111.22, 5111.251, 5111.252, 5111.34,

117

5111.85, 5111.87, 5111.871, 5111.872, 5111.873,

118

5111.92, 5111.94, 5112.03, 5112.08, 5112.17,

119

5112.31, 5112.99, 5115.01, 5115.02, 5115.03,

120

5115.04, 5115.05, 5115.07, 5115.10, 5115.11,

121

5115.13, 5115.15, 5115.20, 5119.61, 5119.611,

122

5123.01, 5123.051, 5123.19, 5123.60, 5123.801,

123

5126.01, 5126.042, 5126.11, 5126.12, 5126.121,

124

5126.15, 5126.18, 5126.44, 5139.01, 5139.04,

125

5139.33, 5139.34, 5139.36, 5139.41, 5139.43,

126

5139.87, 5153.122, 5153.16, 5153.163, 5153.60,

127

5153.69, 5153.72, 5153.78, 5310.15, 5502.01,

128

5502.13, 5513.01, 5515.07, 5549.21, 5703.052,

129

5705.39, 5705.41, 5709.20, 5709.21, 5709.22,

130

5709.25, 5709.26, 5709.27, 5709.61, 5709.62,

131

5709.63, 5709.632, 5709.64, 5711.02, 5711.13,

132

5711.22, 5711.27, 5711.33, 5713.07, 5713.08,

133

5713.081, 5713.082, 5713.30, 5715.27, 5715.39,

134

5717.03, 5719.07, 5725.19, 5727.111, 5727.30,

135

5727.32, 5727.33, 5727.56, 5727.84, 5727.85,

136

5727.86, 5728.04, 5728.06, 5728.99, 5729.08,

137

5733.04, 5733.05, 5733.051, 5733.056, 5733.057,

138

5733.059, 5733.06, 5733.0611, 5733.09, 5733.121,

139

5733.18, 5733.22, 5733.45, 5733.49, 5733.98,

140

5735.05, 5735.14, 5735.142, 5735.15, 5735.19,

141

5735.23, 5735.26, 5735.291, 5735.30, 5735.99,

142

5739.01, 5739.011, 5739.02, 5739.021, 5739.022,

143

5739.023, 5739.025, 5739.026, 5739.03, 5739.032,

144

5739.033, 5739.09, 5739.10, 5739.12, 5739.121,

145

5739.122, 5739.17, 5739.21, 5739.33, 5741.01,

146

5741.02, 5741.021, 5741.022, 5741.023, 5741.121,

147

5743.05, 5743.21, 5743.45, 5745.01, 5745.02,

148

5745.04, 5747.01, 5747.02, 5747.12, 5747.31,

149

5747.80, 5901.021, 6101.09, 6109.21, 6111.06,

150

6115.09, 6117.02, 6119.10, 6301.05, and 6301.07;

151

to amend, for the purpose of adopting new section

152

numbers as indicated in parentheses, sections

153

3301.33 (3301.40), 3701.145 (3701.0210), 4104.46

154

(4104.48), 5101.211 (5101.214), 5101.212

155

(5101.215), 5108.06 (5108.04), 5108.07 (5108.05),

156

5111.08 (5111.071), 5111.16 (5111.08), 5111.252

157

(5123.199), 5115.02 (5115.04), 5115.04 (5115.02),

158

5115.07 (5115.06), 5115.13 (5115.07), and 5115.15

159

(5115.23); to enact new sections 125.831, 718.03,

160

3301.31, 3301.33, 3317.11, 3318.052, 4104.42,

161

4104.43, 4104.46, 5101.211, 5101.212, 5101.213,

162

5108.06, 5108.07, 5111.16, 5111.173, 5115.13,

163

5709.211, 5709.23, 5709.24, and 5739.034 and

164

sections 9.24, 9.75, 107.12, 107.31, 107.32,

165

107.33, 121.36, 122.041, 122.90, 123.152, 124.183,

166

125.073, 125.832, 125.833, 131.41, 145.381,

167

153.691, 173.08, 307.676, 317.36, 319.63, 511.181,

168

718.021, 718.051, 718.121, 901.85, 927.701,

169

1346.04, 1346.05, 1346.06, 1346.07, 1346.08,

170

1346.09, 1346.10, 1501.25, 1711.131, 2113.041,

171

2117.061, 3301.34, 3301.35, 3301.36, 3301.37,

172

3301.38, 3307.353, 3309.345, 3311.059, 3314.083,

173

3318.024, 3333.121, 3333.16, 3333.38, 3379.11,

174

3501.011, 3506.20, 3701.029, 3701.61, 3702.63,

175

3770.073, 4104.47, 4115.21, 4303.205, 4511.198,

176

4707.24, 4723.063, 4723.81, 4723.82, 4723.83,

177

4723.84, 4723.85, 4723.86, 4723.87, 4723.88,

178

5101.12, 5101.1410, 5101.20, 5101.201, 5101.216,

179

5101.221, 5101.222, 5101.241, 5101.242, 5101.243,

180

5101.271, 5103.155, 5108.051, 5108.11, 5108.12,

181

5111.0113, 5111.025, 5111.083, 5111.151, 5111.161,

182

5111.172, 5111.174, 5111.175, 5111.211, 5111.88,

183

5111.911, 5111.912, 5111.913, 5111.95, 5111.96,

184

5111.97, 5115.12, 5115.14, 5115.22, 5123.196,

185

5123.198, 5123.1910, 5123.38, 5123.851, 5126.058,

186

5139.44, 5502.03, 5515.08, 5703.56, 5703.57,

187

5703.80, 5709.201, 5709.212, 5717.011, 5733.0511,

188

5733.55, 5733.56, 5733.57, 5735.053, 5741.25,

189

5743.051, and 5747.026; and to repeal sections

190

122.12, 125.831, 125.931, 125.932, 125.933,

191

125.934, 125.935, 131.38, 173.45, 173.46, 173.47,

192

173.48, 173.49, 173.50, 173.51, 173.52, 173.53,

193

173.54, 173.55, 173.56, 173.57, 173.58, 173.59,

194

319.311, 504.21, 718.03, 1333.96, 1533.06,

195

1533.39, 1553.01, 1553.02, 1553.03, 1553.04,

196

1553.05, 1553.06, 1553.07, 1553.08, 1553.09,

197

1553.10, 1553.99, 2305.26, 3301.078, 3301.0719,

198

3301.0724, 3301.31, 3301.581, 3313.82, 3313.83,

199

3313.94, 3317.11, 3318.033, 3318.052, 3318.35,

200

3319.06, 3319.34, 3701.142, 3701.144, 3702.543,

201

3702.581, 4104.42, 4104.43, 4141.044, 4141.045,

202

5101.213, 5101.251, 5108.05, 5111.017, 5111.173,

203

5115.011, 5115.012, 5115.06, 5115.061, 5139.42,

204

5139.45, 5709.211, 5709.23, 5709.231, 5709.24,

205

5709.30, 5709.31, 5709.32, 5709.33, 5709.34,

206

5709.35, 5709.36, 5709.37, 5709.45, 5709.46,

207

5709.47, 5709.48, 5709.49, 5709.50, 5709.51,

208

5709.52, 5727.39, 5727.44, 5733.111, 5739.012,

209

5739.034, 5741.011, 5747.131, 6111.31, 6111.311,

210

6111.32, 6111.34, 6111.35, 6111.36, 6111.37,

211

6111.38, and 6111.39 of the Revised Code; to amend

212

Sections 11 and 11.04 of Am. Sub. H.B. 87 of the

213

125th General Assembly; to amend Section 13.05 of

214

Am. Sub. H.B. 87 of the 125th General Assembly; to

215

amend Section 7 of Am. Sub. H.B. 512 of the 124th

216

General Assembly; to amend Sections 1.09 and 35.03

217

of H.B. 675 of the 124th General Assembly; to

218

amend Sections 18.03, 18.04, 19.39, and 19.52 of

219

H.B. 675 of the 124th General Assembly; to amend

220

Section 24.43 of Am. Sub. H.B. 524 of the 124th

221

General Assembly; to amend Section 63.37 of Am.

222

Sub. H.B. 94 of the 124th General Assembly, as

223

subsequently amended; to amend Sections 10 and 14

224

of Am. Sub. S.B. 242 of the 124th General

225

Assembly; to amend Section 3 of Am. Sub. S.B. 143

226

of the 124th General Assembly; to amend Section 3

227

of Am. Sub. H.B. 215 of the 122nd General

228

Assembly, as subsequently amended; to amend

229

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

230

General Assembly, as subsequently amended; to

231

amend Section 6 of Am. Sub. S.B. 67 of the 122nd

232

General Assembly; to amend Section 153 of Am. Sub.

233

H.B. 117 of the 121st General Assembly, as

234

subsequently amended; to amend Section 27 of Sub.

235

H.B. 670 of the 121st General Assembly, as

236

subsequently amended; to amend Section 5 of Am.

237

Sub. S.B. 50 of the 121st General Assembly, as

238

subsequently amended; to amend Section 2 of Am.

239

Sub. H.B. 71 of the 120th General Assembly; to

240

repeal Section 16 of Am. Sub. H.B. 87 of the 125th

241

General Assembly; to repeal Section 129 of Am.

242

Sub. H.B. 283 of the 123rd General Assembly, as

243

subsequently amended; to repeal Section 3 of Am.

244

Sub. S.B. 272 of the 123rd General Assembly, as

245

subsequently amended; to repeal Section 72 of Am.

246

Sub. H.B. 850 of the 122nd General Assembly; and

247

to repeal Section 11 of Am. Sub. S.B. 50 of the

248

121st General Assembly, as subsequently amended;

249

to repeal Section 3 of Am. Sub. S.B. 238 of the

250

123rd General Assembly; and to repeal Section 3 of

251

Sub. H.B. 403 of the 123rd General Assembly; to

252

levy taxes and provide for implementation of those

253

levies, to make operating appropriations for the

254

biennium beginning July 1, 2003, and ending June

255

30, 2005, and to provide authorization and

256

conditions for the operation of state programs; to

257

amend the version of section 921.22 of the Revised

258

Code that is scheduled to take effect July 1,

259

2004, to continue the provisions of this act on

260

and after that effective date; to amend the

261

version of section 2305.234 of the Revised Code

262

that is scheduled to take effect January 1, 2004,

263

to continue the provisions of this act on and

264

after that effective date; to amend the version of

265

section 3332.04 of the Revised Code that is

266

scheduled to take effect July 1, 2003; to amend

267

the version of section 3734.44 of the Revised Code

268

that is scheduled to take effect January 1, 2004,

269

to continue the provisions of this act on and

270

after that effective date; to amend the versions

271

of sections 307.93, 2152.19, 2743.191, 2743.51,

272

2929.38, 4506.14, 4506.15, 4506.16, 4506.20,

273

4511.33, 4511.62, 4511.63, and 4511.75 of the

274

Revised Code that are scheduled to take effect

275

January 1, 2004; to amend the version of section

276

2301.03 of the Revised Code that is scheduled to

277

take effect January 1, 2004, to continue the

278

provisions of this act on and after that effective

279

date; to amend the version of section 5101.28 of

280

the Revised Code that is scheduled to take effect

281

January 1, 2004, to continue the provisions of

282

this act on and after that effective date; to

283

amend the version of section 5743.45 of the

284

Revised Code that is scheduled to take effect

285

January 1, 2004, to continue the provisions of

286

this act on and after that effective date; to

287

amend the version of section 5739.033 of the

288

Revised Code as it results from Am. Sub. S.B. 143

289

of the 124th General Assembly, as amended by H.B.

290

675 of the 124th General Assembly; to terminate

291

certain provisions of this act on December 31,

292

2013, by repealing section 4723.063 of the Revised

293

Code on that date; and to terminate certain

294

provisions of this act on October 1, 2006, by

295

repealing section 5111.161 of the Revised Code on

296

that date.

297

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

This act has two parts, labeled Part I and Part II,

298

that are integral phases of this act.

299

Part I

300

Section 1. That sections 9.01, 9.83, 101.34, 101.72, 101.82,	301
102.02, 109.32, 109.57, 109.572, 117.101, 117.16, 117.44, 117.45,	302
121.04, 121.08, 121.084, 121.41, 121.48, 121.62, 122.011, 122.04,	303
122.08, 122.17, 122.171, 122.25, 122.651, 122.658, 122.87, 122.88,	304
123.01, 124.03, 124.15, 124.152, 124.181, 125.05, 125.06, 125.07,	305
125.15, 125.91, 125.92, 125.93, 125.95, 125.96, 125.98, 127.16,	306
131.02, 131.23, 131.35, 145.38, 147.01, 147.37, 149.011, 149.30,	307
149.31, 149.33, 149.331, 149.332, 149.333, 149.34, 149.35, 153.65,	308
164.14, 164.27, 165.09, 166.16, 173.06, 173.061, 173.062, 173.07,	309
173.071, 173.14, 173.26, 175.03, 175.21, 175.22, 183.02, 306.35,	310
306.99, 307.86, 307.87, 307.93, 307.98, 307.981, 307.987, 311.17,	311
317.32, 321.24, 323.01, 323.13, 325.31, 329.03, 329.04, 329.05,	312
329.051, 329.06, 340.021, 340.03, 341.05, 341.25, 504.03, 504.04,	313
505.376, 507.09, 511.12, 515.01, 515.07, 521.05, 715.013, 718.01,	314
718.02, 718.05, 718.11, 718.14, 718.15, 718.151, 731.14, 731.141,	315
735.05, 737.03, 753.22, 901.17, 901.21, 901.22, 901.63, 902.11,	316
921.151, 927.53, 927.69, 929.01, 955.51, 1309.109, 1317.07,	317
1321.21, 1333.99, 1337.11, 1346.02, 1501.04, 1503.05, 1513.05,	318
1515.08, 1519.05, 1521.06, 1521.063, 1531.26, 1533.08, 1533.10,	319
1533.101, 1533.11, 1533.111, 1533.112, 1533.12, 1533.13, 1533.151,	320
1533.19, 1533.23, 1533.301, 1533.32, 1533.35, 1533.40, 1533.54,	321
1533.631, 1533.632, 1533.71, 1533.82, 1541.10, 1548.06, 1551.11,	322
1551.12, 1551.15, 1551.311, 1551.32, 1551.33, 1551.35, 1555.02,	323
1555.03, 1555.04, 1555.05, 1555.06, 1555.08, 1555.17, 1563.42,	324
1702.59, 1711.13, 1711.15, 1711.17, 1751.05, 1751.11, 1751.12,	325
1751.13, 1751.16, 1751.60, 2101.16, 2117.06, 2117.25, 2133.01,	326
2151.352, 2151.3529, 2151.3530, 2151.83, 2151.84, 2152.19,	327
2301.02, 2301.03, 2301.58, 2305.234, 2329.07, 2329.66, 2335.39,	328
2505.13, 2715.041, 2715.045, 2716.13, 2743.02, 2743.191, 2743.51,	329
2743.60, 2743.65, 2915.01, 2915.02, 2915.08, 2915.081, 2915.082,	330
2915.09, 2915.091, 2915.092, 2915.093, 2915.095, 2915.10,	331
2915.101, 2915.13, 2917.41, 2921.13, 2923.35, 2925.44, 2929.38,	332
2933.43, 2935.36, 2949.091, 3111.04, 3119.01, 3121.01, 3123.952,	333
3125.12, 3301.0710, 3301.0711, 3301.0714, 3301.52, 3301.53,	334
3301.54, 3301.55, 3301.57, 3301.58, 3301.68, 3301.80, 3307.01,	335
3307.35, 3309.341, 3311.05, 3311.24, 3311.26, 3313.843, 3313.975,	336
3313.976, 3313.977, 3313.978, 3313.979, 3313.981, 3314.02,	337
3314.03, 3314.041, 3314.07, 3314.08, 3314.17, 3316.031, 3316.08,	338
3317.012, 3317.013, 3317.014, 3317.02, 3317.022, 3317.023,	339
3317.024, 3317.029, 3317.0217, 3317.03, 3317.032, 3317.05,	340
3317.064, 3317.07, 3317.09, 3317.10, 3317.16, 3318.01, 3318.03,	341
3318.042, 3318.05, 3318.06, 3318.08, 3318.30, 3318.31, 3318.37,	342
3318.41, 3319.01, 3319.02, 3319.03, 3319.07, 3319.19, 3319.22,	343
3319.33, 3319.36, 3319.55, 3323.16, 3327.01, 3327.011, 3329.06,	344
3329.08, 3332.04, 3333.12, 3353.11, 3361.01, 3375.41, 3377.01,	345
3377.06, 3383.01, 3383.07, 3501.18, 3501.30, 3503.10, 3505.01,	346
3505.061, 3505.08, 3505.10, 3517.092, 3701.021, 3701.022,	347
3701.024, 3701.141, 3701.145, 3701.741, 3701.83, 3701.881,	348
3701.99, 3702.31, 3702.529, 3702.53, 3702.532, 3702.54, 3702.544,	349
3702.55, 3702.60, 3702.61, 3702.68, 3702.74, 3705.01, 3705.23,	350
3705.24, 3709.09, 3710.05, 3710.07, 3711.021, 3717.42, 3721.02,	351
3721.121, 3722.151, 3733.43, 3733.45, 3734.02, 3734.05, 3734.12,	352
3734.123, 3734.124, 3734.18, 3734.28, 3734.42, 3734.44, 3734.46,	353
3734.57, 3735.27, 3735.66, 3735.67, 3735.671, 3737.81, 3745.04,	354
3745.11, 3745.14, 3745.40, 3746.13, 3748.07, 3748.13, 3769.087,	355
3770.07, 3770.10, 3770.12, 3770.99, 3773.33, 3773.43, 3901.491,	356
3901.501, 3901.72, 4104.01, 4104.02, 4104.04, 4104.06, 4104.07,	357
4104.08, 4104.15, 4104.18, 4104.19, 4104.20, 4104.41, 4104.44,	358
4104.45, 4104.46, 4105.17, 4112.15, 4115.10, 4117.02, 4117.14,	359
4123.27, 4123.41, 4141.04, 4141.09, 4141.23, 4301.03, 4301.19,	360
4301.30, 4301.361, 4301.364, 4301.43, 4303.02, 4303.021, 4303.03,	361
4303.04, 4303.05, 4303.06, 4303.07, 4303.08, 4303.09, 4303.10,	362
4303.11, 4303.12, 4303.121, 4303.13, 4303.14, 4303.141, 4303.15,	363
4303.151, 4303.16, 4303.17, 4303.171, 4303.18, 4303.181, 4303.182,	364
4303.183, 4303.184, 4303.19, 4303.20, 4303.201, 4303.202,	365
4303.203, 4303.204, 4303.21, 4303.22, 4303.23, 4303.231, 4501.06,	366
4503.06, 4503.101, 4503.103, 4505.06, 4506.14, 4506.15, 4506.16,	367
4506.20, 4506.24, 4508.08, 4509.60, 4511.33, 4511.62, 4511.63,	368
4519.55, 4561.18, 4561.21, 4707.071, 4707.072, 4707.10, 4709.12,	369
4717.07, 4717.09, 4719.01, 4723.01, 4723.06, 4723.07, 4723.08,	370
4723.082, 4723.17, 4723.271, 4723.34, 4723.35, 4723.431, 4723.63,	371
4729.01, 4729.41, 4731.27, 4731.65, 4731.71, 4734.15, 4736.12,	372
4743.05, 4747.05, 4747.06, 4747.07, 4747.10, 4751.06, 4751.07,	373
4759.08, 4771.22, 4779.08, 4779.17, 4779.18, 4903.24, 4905.79,	374
4905.91, 4919.79, 4931.45, 4931.47, 4931.48, 4973.17, 4981.20,	375
5101.11, 5101.14, 5101.141, 5101.142, 5101.144, 5101.145,	376
5101.146, 5101.16, 5101.162, 5101.18, 5101.181, 5101.21, 5101.211,	377
5101.212, 5101.22, 5101.24, 5101.26, 5101.27, 5101.28, 5101.35,	378
5101.36, 5101.46, 5101.58, 5101.59, 5101.75, 5101.80, 5101.83,	379
5101.97, 5103.031, 5103.033, 5103.034, 5103.036, 5103.037,	380
5103.038, 5103.0312, 5103.0313, 5103.0314, 5103.0315, 5103.0316,	381
5103.154, 5104.01, 5104.011, 5104.02, 5104.04, 5104.30, 5104.32,	382
5107.02, 5107.30, 5107.37, 5107.40, 5107.60, 5108.01, 5108.03,	383
5108.06, 5108.07, 5108.09, 5108.10, 5111.016, 5111.0112, 5111.02,	384
5111.021, 5111.022, 5111.03, 5111.06, 5111.082, 5111.111, 5111.17,	385
5111.171, 5111.20, 5111.21, 5111.22, 5111.251, 5111.252, 5111.34,	386
5111.85, 5111.87, 5111.871, 5111.872, 5111.873, 5111.92, 5111.94,	387
5112.03, 5112.08, 5112.17, 5112.31, 5112.99, 5115.01, 5115.02,	388
5115.03, 5115.04, 5115.05, 5115.07, 5115.10, 5115.11, 5115.13,	389
5115.15, 5115.20, 5119.61, 5119.611, 5123.01, 5123.051, 5123.19,	390
5123.60, 5123.801, 5126.01, 5126.042, 5126.11, 5126.12, 5126.121,	391
5126.15, 5126.18, 5126.44, 5139.01, 5139.04, 5139.33, 5139.34,	392
5139.36, 5139.41, 5139.43, 5139.87, 5153.122, 5153.16, 5153.163,	393
5153.60, 5153.69, 5153.72, 5153.78, 5310.15, 5502.01, 5502.13,	394
5513.01, 5515.07, 5549.21, 5703.052, 5705.39, 5705.41, 5709.20,	395
5709.21, 5709.22, 5709.25, 5709.26, 5709.27, 5709.61, 5709.62,	396
5709.63, 5709.632, 5709.64, 5711.02, 5711.13, 5711.22, 5711.27,	397
5711.33, 5713.07, 5713.08, 5713.081, 5713.082, 5713.30, 5715.27,	398
5715.39, 5717.03, 5719.07, 5725.19, 5727.111, 5727.30, 5727.32,	399
5727.33, 5727.56, 5727.84, 5727.85, 5727.86, 5728.04, 5728.06,	400
5728.99, 5729.08, 5733.04, 5733.05, 5733.051, 5733.056, 5733.057,	401
5733.059, 5733.06, 5733.0611, 5733.09, 5733.121, 5733.18, 5733.22,	402
5733.45, 5733.49, 5733.98, 5735.05, 5735.14, 5735.142, 5735.15,	403
5735.19, 5735.23, 5735.26, 5735.291, 5735.30, 5735.99, 5739.01,	404
5739.011, 5739.02, 5739.021, 5739.022, 5739.023, 5739.025,	405
5739.026, 5739.03, 5739.032, 5739.033, 5739.09, 5739.10, 5739.12,	406
5739.121, 5739.122, 5739.17, 5739.21, 5739.33, 5741.01, 5741.02,	407
5741.021, 5741.022, 5741.023, 5741.121, 5743.05, 5743.21, 5743.45,	408
5745.01, 5745.02, 5745.04, 5747.01, 5747.02, 5747.12, 5747.31,	409
5747.80, 5901.021, 6101.09, 6109.21, 6111.06, 6115.09, 6117.02,	410
6119.10, 6301.05, and 6301.07 be amended; that sections 3301.33	411
(3301.40), 3701.145 (3701.0210), 4104.46 (4104.48), 5101.211	412
(5101.214), 5101.212 (5101.215), 5108.06 (5108.04), 5108.07	413
(5108.05), 5111.08 (5111.071), 5111.16 (5111.08), 5111.252	414
(5123.199), 5115.02 (5115.04), 5115.04 (5115.02), 5115.07	415
(5115.06), 5115.13 (5115.07), and 5115.15 (5115.23) be amended for	416
the purpose of adopting new section numbers as indicated in	417
parentheses; and that new sections 125.831, 718.03, 3301.31,	418
3301.33, 3317.11, 3318.052, 4104.42, 4104.43, 4104.46, 5101.211,	419
5101.212, 5101.213, 5108.06, 5108.07, 5111.16, 5111.173, 5115.13,	420
5709.211, 5709.23, 5709.24, and 5739.034 and sections 9.24, 9.75,	421
107.12, 107.31, 107.32, 107.33, 121.36, 122.041, 122.90, 123.152,	422
124.183, 125.073, 125.832, 125.833, 131.41, 145.381, 153.691,	423
173.08, 307.676, 317.36, 319.63, 511.181, 718.021, 718.051,	424
718.121, 901.85, 927.701, 1346.04, 1346.05, 1346.06, 1346.07,	425
1346.08, 1346.09, 1346.10, 1501.25, 1711.131, 2113.041, 2117.061,	426
3301.34, 3301.35, 3301.36, 3301.37, 3301.38, 3307.353, 3309.345,	427
3311.059, 3314.083, 3318.024, 3333.121, 3333.16, 3333.38, 3379.11,	428
3501.011, 3506.20, 3701.029, 3701.61, 3702.63, 3770.073, 4104.47,	429
4115.21, 4303.205, 4511.198, 4707.24, 4723.063, 4723.81, 4723.82,	430
4723.83, 4723.84, 4723.85, 4723.86, 4723.87, 4723.88, 5101.12,	431
5101.1410, 5101.20, 5101.201, 5101.216, 5101.221, 5101.222,	432
5101.241, 5101.242, 5101.243, 5101.271, 5103.155, 5108.051,	433
5108.11, 5108.12, 5111.0113, 5111.025, 5111.083, 5111.151,	434
5111.161, 5111.172, 5111.174, 5111.175, 5111.211, 5111.88,	435
5111.911, 5111.912, 5111.913, 5111.95, 5111.96, 5111.97, 5115.12,	436
5115.14, 5115.22, 5123.196, 5123.198, 5123.1910, 5123.38,	437
5123.851, 5126.058, 5139.44, 5502.03, 5515.08, 5703.56, 5703.57,	438
5703.80, 5709.201, 5709.212, 5717.011, 5733.0511, 5733.55,	439
5733.56, 5733.57, 5735.053, 5741.25, 5743.051, and 5747.026 of the	440
Revised Code be enacted to read as follows:	441

Sec. 9.01. When any officer, office, court, commission,	442
board, institution, department, agent, or employee of the state,	443
or of a county, or of any other political subdivision, who is	444
charged with the duty or authorized or required by law to record,	445
preserve, keep, maintain, or file any record, document, plat,	446
court file, paper, or instrument in writing, or to make or furnish	447
copies of any ~~thereof~~of them, deems it necessary or advisable,	448
when recording ~~any such document, plat, court file, paper, or~~	449
~~instrument in writing,~~ or ~~when~~ making a copy or reproduction of	450
any ~~thereof~~of them or of any such record, for the purpose of	451
recording or copying, preserving, and protecting ~~the same~~them,	452
reducing space required for storage, or any similar purpose, to do	453
so by means of any photostatic, photographic, miniature	454
photographic, film, microfilm, or microphotographic process, or	455
perforated tape, magnetic tape, other magnetic means, electronic	456
data processing, machine readable means, or graphic or video	457
display, or any combination ~~thereof~~of those processes, means, or	458
displays, which correctly and accurately copies, records, or	459
reproduces, or provides a medium of copying, recording, or	460
reproducing, the original record, document, plat, court file,	461
paper, or instrument in writing, such use of any ~~such photographic~~	462
~~or electromagnetic~~of those processes, means, or displays for any	463
such purpose, is hereby authorized. Any such records, copies, or	464
reproductions may be made in duplicate, and ~~such~~the duplicates	465
shall be stored in different buildings. The film or paper used for	466
~~this~~a process shall comply with the minimum standards of quality	467
approved for permanent photographic records by the national bureau	468
of standards. All such records, copies, or reproductions shall	469
carry a certificate of authenticity and completeness, on a form	470
specified by the director of administrative services through the	471
state records ~~administrator~~program.	472

Any such officer, office, court, commission, board,	473
institution, department, agent, or employee of the state, of a	474
county, or of any other political subdivision may purchase or rent	475
required equipment for any such photographic process and may enter	476
into contracts with private concerns or other governmental	477
agencies for the development of film and the making of	478
reproductions ~~thereof~~of film as a part of any such photographic	479
process. When so recorded, or copied or reproduced to reduce space	480
required for storage or filing of such records, ~~said~~such	481
photographs, microphotographs, microfilms, perforated tape,	482
magnetic tape, other magnetic means, electronic data processing,	483
machine readable means, graphic or video display, or ~~any~~	484
combination ~~thereof~~of these processes, means, or displays, or	485
films, or prints made therefrom, when properly identified by the	486
officer by whom or under whose supervision ~~the same~~they were	487
made, or who has ~~the~~their custody ~~thereof~~, have the same effect	488
at law as the original record or of a record made by any other	489
legally authorized means, and may be offered in like manner and	490
shall be received in evidence in any court where ~~such~~the original	491
record, or record made by other legally authorized means, could	492
have been so introduced and received. Certified or authenticated	493
copies or prints of such photographs, microphotographs, films,	494
microfilms, perforated tape, magnetic tape, other magnetic means,	495
electronic data processing, machine readable means, graphic or	496
video display, or ~~any~~ combination ~~thereof~~of these processes,	497
means, or displays, shall be admitted in evidence equally with the	498
original ~~photographs, microphotographs, films, or microfilms~~.	499

Such photographs, microphotographs, microfilms, or films	500
shall be placed and kept in conveniently accessible, fireproof,	501
and insulated files, cabinets, or containers, and provisions shall	502
be made for preserving, safekeeping, using, examining, exhibiting,	503
projecting, and enlarging ~~the same~~them whenever requested, during	504
office hours.	505

All persons utilizing the methods described in this section	506
for keeping records and information shall keep and make readily	507
available to the public the machines and equipment necessary to	508
reproduce the records and information in a readable form.	509

Sec. 9.24. (A) No state agency and no political subdivision	510
shall award a contract for goods, services, or construction, paid	511
for in whole or in part with state funds, to a person against whom	512
a finding for recovery has been issued by the auditor of state, if	513
the finding for recovery is unresolved.	514

(B) For purposes of this section, a finding for recovery is	515
unresolved unless one of the following criteria applies:	516

(1) The money identified in the finding for recovery is paid	517
in full to the state agency or political subdivision to whom the	518
money was owed;	519

(2) The debtor has entered into a repayment plan that is	520
approved by the attorney general and the state agency or political	521
subdivision to whom the money identified in the finding for	522
recovery is owed. A repayment plan may include a provision	523
permitting a state agency or political subdivision to withhold	524
payment to a debtor for goods, services, or construction provided	525
to or for the state agency or political subdivision pursuant to a	526
contract that is entered into with the debtor after the date the	527
finding for recovery was issued.	528

(3) The attorney general waives a repayment plan described in	529
division (B)(2) of this section for good cause;	530

(4) The debtor and state agency or political subdivision to	531
whom the money identified in the finding for recovery is owed have	532
agreed to a payment plan established through an enforceable	533
settlement agreement.	534

(5) The state agency or political subdivision desiring to	535
enter into a contract with a debtor certifies, and the attorney	536
general concurs, that all of the following are true:	537

(a) Essential services the state agency or political	538
subdivision is seeking to obtain from the debtor cannot be	539
provided by any other person besides the debtor;	540

(b) Awarding a contract to the debtor for the essential	541
services described in division (B)(5)(a) is in the best interest	542
of the state;	543

(c) Good faith efforts have been made to collect the money	544
identified in the finding of recovery.	545

(6) The debtor has commenced an action to contest the finding	546
for recovery and a final determination on the action has not yet	547
been reached.	548

(C) The attorney general shall submit an initial report to	549
the auditor of state, not later than December 1, 2003, indicating	550
the status of collection for all findings for recovery issued by	551
the auditor of state for calendar years 2001, 2002, and 2003.	552
Beginning on January 1, 2004, the attorney general shall submit to	553
the auditor of state, on the first day of every January, April,	554
July, and October, a list of all findings for recovery that have	555
been resolved in accordance with division (B) of this section	556
during the calendar quarter preceding the submission of the list	557
and a description of the means of resolution.	558

(D) The auditor of state shall maintain a database,	559
accessible to the public, listing persons against whom an	560
unresolved finding for recovery has been issued, and the amount of	561
the money identified in the unresolved finding for recovery. The	562
auditor of state shall have this database operational on or before	563
January 1, 2004. The initial database shall contain the	564
information required under this division for calendar years 2001,	565
2002, and 2003.	566

Beginning January 15, 2004, the auditor of state shall update	567
the database by the fifteenth day of every January, April, July,	568
and October to reflect resolved findings for recovery that are	569
reported to the auditor of state by the attorney general on the	570
first day of the same month pursuant to division (C) of this	571
section.	572

(E) Before awarding a contract for goods, services, or	573
construction, paid for in whole or in part with state funds, a	574
state agency or political subdivision shall verify that the person	575
to whom the state agency or political subdivision plans to award	576
the contract does not appear in the database described in division	577
(D) of this section.	578

(F) As used in this section:

579

(1) "State agency" has the same meaning as in section 9.66 of	580
the Revised Code.	581

(2) "Finding for recovery" means a determination issued by	582
the auditor of state, contained in a report the auditor of state	583
gives to the attorney general pursuant to section 117.28 of the	584
Revised Code, that public money has been illegally expended,	585
public money has been collected but not been accounted for, public	586
money is due but has not been collected, or public property has	587
been converted or misappropriated.	588

(3) "Debtor" means a person against whom a finding for	589
recovery has been issued.	590

Sec. 9.75. As used in this section, "dangerous drug" has the	591
same meaning as in section 4729.01 of the Revised Code.	592

If a state agency seeks to enter into or administer an	593
agreement or cooperative arrangement to create or join a	594
multiple-state prescription drug purchasing program to negotiate	595
discounts for dangerous drugs and intends to contract with a	596
person to administer the multiple-state prescription drug	597
purchasing program, it shall do so through a competitive bidding	598
process. A state agency seeking to enter into a contract with a	599
person to administer the multiple-state prescription drug	600
purchasing program may not enter into the contract with out	601
controlling board approval.	602

Sec. 9.83. (A) The state and any political subdivision may	603
procure a policy or policies of insurance insuring its officers	604
and employees against liability for injury, death, or loss to	605
person or property that arises out of the operation of an	606
automobile, truck, motor vehicle with auxiliary equipment,	607
self-propelling equipment or trailer, aircraft, or watercraft by	608
the officers or employees while engaged in the course of their	609
employment or official responsibilities for the state or the	610
political subdivision. The state is authorized to expend funds to	611
pay judgments that are rendered in any court against its officers	612
or employees and that result from such operation, and is	613
authorized to expend funds to compromise claims for liability	614
against its officers or employees that result from such operation.	615
No insurer shall deny coverage under such a policy, and the state	616
shall not refuse to pay judgments or compromise claims, on the	617
ground that an automobile, truck, motor vehicle with auxiliary	618
equipment, self-propelling equipment or trailer, aircraft, or	619
watercraft was not being used in the course of an officer's or	620
employee's employment or official responsibilities for the state	621
or a political subdivision unless the officer or employee who was	622
operating an automobile, truck, motor vehicle with auxiliary	623
equipment, or self-propelling equipment or trailer is convicted of	624
a violation of section 124.71 of the Revised Code as a result of	625
the same events.	626

(B) ~~Such funds~~Funds shall be reserved as ~~are~~ necessary, in	627
the exercise of sound and prudent actuarial judgment, to cover	628
potential expense, fees, damage, loss, or other liability. The	629
superintendent of insurance may recommend or, if the state	630
requests of the superintendent, shall recommend, a specific amount	631
for any period of time that, in the superintendent's opinion,	632
represents such a judgment.	633

(C) Nothing in this section shall be construed to require the	634
department of administrative services to purchase liability	635
insurance for all state vehicles in a single policy of insurance	636
or to cover all state vehicles under a single plan of	637
self-insurance.	638

(D) Insurance procured by the state pursuant to this section	639
shall be procured as provided in section 125.03 of the Revised	640
Code.	641

(E) For purposes of liability insurance procured under this	642
section to cover the operation of a motor vehicle by a prisoner	643
for whom the insurance is procured, "employee" includes a prisoner	644
in the custody of the department of rehabilitation and correction	645
who is enrolled in a work program that is established by the	646
department pursuant to section 5145.16 of the Revised Code and in	647
which the prisoner is required to operate a motor vehicle, as	648
defined in section 4509.01 of the Revised Code, and who is engaged	649
in the operation of a motor vehicle in the course of the work	650
program.	651

(F) There is hereby created in the state treasury the vehicle	652
liability fund. All contributions collected by the director of	653
administrative services under division (I) of this section shall	654
be deposited into the fund. The fund shall be used to provide	655
insurance and self-insurance for the state under this section. All	656
investment earnings of the fund shall be credited to it.	657

(G) The director of administrative services, through the	658
office of risk management, shall operate the vehicle liability	659
fund on an actuarially sound basis.	660

(H) Reserves shall be maintained in the vehicle liability	661
fund in any amount that is necessary and adequate, in the exercise	662
of sound and prudent actuarial judgment, to cover potential	663
liability claims, expenses, fees, or damages. Money in the fund	664
may be applied to the payment of liability claims that are filed	665
against the state in the court of claims and determined in the	666
manner provided in Chapter 2743. of the Revised Code. The director	667
of administrative services may procure the services of a qualified	668
actuarial firm for the purpose of recommending the specific amount	669
of money that is required to maintain adequate reserves for a	670
specified period of time.	671

(I) The director of administrative services shall collect	672
from each state agency or any participating state body its	673
contribution to the vehicle liability fund for the purpose of	674
purchasing insurance or administering self-insurance programs for	675
coverage authorized under this section. The amount of the	676
contribution shall be determined by the director, with the	677
approval of the director of budget and management. It shall be	678
based upon actuarial assumptions and the relative risk and loss	679
experience of each state agency or participating state body. The	680
amount of the contribution also shall include a reasonable sum to	681
cover administrative costs of the department of administrative	682
services.	683

Sec. 101.34. (A) There is hereby created a joint legislative	684
ethics committee to serve the general assembly. The committee	685
shall be composed of twelve members, six each from the two major	686
political parties, and each member shall serve on the committee	687
during the member's term as a member of that general assembly. Six	688
members of the committee shall be members of the house of	689
representatives appointed by the speaker of the house of	690
representatives, not more than three from the same political	691
party, and six members of the committee shall be members of the	692
senate appointed by the president of the senate, not more than	693
three from the same political party. A vacancy in the committee	694
shall be filled for the unexpired term in the same manner as an	695
original appointment. The members of the committee shall be	696
appointed within fifteen days after the first day of the first	697
regular session of each general assembly and the committee shall	698
meet and proceed to recommend an ethics code not later than thirty	699
days after the first day of the first regular session of each	700
general assembly.	701

In the first regular session of each general assembly, the	702
speaker of the house of representatives shall appoint the	703
chairperson of the committee from among the house members of the	704
committee and the president of the senate shall appoint the	705
vice-chairperson of the committee from among the senate members of	706
the committee. In the second regular session of each general	707
assembly, the president of the senate shall appoint the	708
chairperson of the committee from among the senate members of the	709
committee and the speaker of the house of representatives shall	710
appoint the vice-chairperson of the committee from among the house	711
members of the committee. The chairperson, vice-chairperson, and	712
members of the committee shall serve until their respective	713
successors are appointed or until they are no longer members of	714
the general assembly.	715

The committee shall meet at the call of the chairperson or	716
upon the written request of seven members of the committee.	717

(B) The joint legislative ethics committee:

718

(1) Shall recommend a code of ethics which is consistent with	719
law to govern all members and employees of each house of the	720
general assembly and all candidates for the office of member of	721
each house;	722

(2) May receive and hear any complaint which alleges a breach	723
of any privilege of either house, or misconduct of any member,	724
employee, or candidate, or any violation of the appropriate code	725
of ethics;	726

(3) May obtain information with respect to any complaint	727
filed pursuant to this section and to that end may enforce the	728
attendance and testimony of witnesses, and the production of books	729
and papers;	730

(4) May recommend whatever sanction is appropriate with	731
respect to a particular member, employee, or candidate as will	732
best maintain in the minds of the public a good opinion of the	733
conduct and character of members and employees of the general	734
assembly;	735

(5) May recommend legislation to the general assembly	736
relating to the conduct and ethics of members and employees of and	737
candidates for the general assembly;	738

(6) Shall employ an executive director for the committee and	739
may employ such other staff as the committee determines necessary	740
to assist it in exercising its powers and duties. The executive	741
director and staff of the committee shall be known as the office	742
of legislative inspector general. At least one member of the staff	743
of the committee shall be an attorney at law licensed to practice	744
law in this state. The appointment and removal of the executive	745
director shall require the approval of at least eight members of	746
the committee.	747

(7) May employ a special counsel to assist the committee in	748
exercising its powers and duties. The appointment and removal of a	749
special counsel shall require the approval of at least eight	750
members of the committee.	751

(8) Shall act as an advisory body to the general assembly and	752
to individual members, candidates, and employees on questions	753
relating to ethics, possible conflicts of interest, and financial	754
disclosure;	755

(9) Shall provide for the proper forms on which the statement	756
required pursuant to section 102.02 of the Revised Code shall be	757
filed and instructions as to the filing of the statement;	758

(10) Exercise the powers and duties prescribed under sections	759
101.70 to 101.79 and 121.60 to 121.69 of the Revised Code;	760

(11) Adopt in accordance with section 111.15 of the Revised	761
Code any rules that are necessary to implement and clarify Chapter	762
102. and sections 2921.42 and 2921.43 of the Revised Code.	763

(C) There is hereby created in the state treasury the joint	764
legislative ethics committee fund. ~~All money collected from~~	765
~~registration fees and late filing fees prescribed under sections~~	766
~~101.72 and 121.62 of the Revised Code shall be deposited into the~~	767
~~state treasury to the credit of the fund.~~ Money credited to the	768
fund and any interest and earnings from the fund shall be used	769
solely for the operation of the joint legislative ethics committee	770
and the office of legislative inspector general and for the	771
purchase of data storage and computerization facilities for the	772
statements filed with the joint committee under sections 101.73,	773
101.74, 121.63, and 121.64 of the Revised Code.	774

(D) The chairperson of the joint committee shall issue a	775
written report, not later than the thirty-first day of January of	776
each year, to the speaker and minority leader of the house of	777
representatives and to the president and minority leader of the	778
senate that lists the number of committee meetings and	779
investigations the committee conducted during the immediately	780
preceding calendar year and the number of advisory opinions it	781
issued during the immediately preceding calendar year.	782

(E) Any investigative report that contains facts and findings	783
regarding a complaint filed with the committee and that is	784
prepared by the staff of the committee or a special counsel to the	785
committee shall become a public record upon its acceptance by a	786
vote of the majority of the members of the committee, except for	787
any names of specific individuals and entities contained in the	788
report. If the committee recommends disciplinary action or reports	789
its findings to the appropriate prosecuting authority for	790
proceedings in prosecution of the violations alleged in the	791
complaint, the investigatory report regarding the complaint shall	792
become a public record in its entirety.	793

(F)(1) Any file obtained by or in the possession of the	794
former house ethics committee or former senate ethics committee	795
shall become the property of the joint legislative ethics	796
committee. Any such file is confidential if either of the	797
following applies:	798

(a) It is confidential under section 102.06 of the Revised	799
Code or the legislative code of ethics.	800

(b) If the file was obtained from the former house ethics	801
committee or from the former senate ethics committee, it was	802
confidential under any statute or any provision of a code of	803
ethics that governed the file.	804

(2) As used in this division, "file" includes, but is not	805
limited to, evidence, documentation, or any other tangible thing.	806

Sec. 101.72. (A) Each legislative agent and employer, within	807
ten days following an engagement of a legislative agent, shall	808
file with the joint legislative ethics committee an initial	809
registration statement showing all of the following:	810

(1) The name, business address, and occupation of the	811
legislative agent;	812

(2) The name and business address of the employer and the	813
real party in interest on whose behalf the legislative agent is	814
actively advocating, if it is different from the employer. For the	815
purposes of division (A) of this section, where a trade	816
association or other charitable or fraternal organization that is	817
exempt from federal income taxation under subsection 501(c) of the	818
federal Internal Revenue Code is the employer, the statement need	819
not list the names and addresses of each member of the association	820
or organization, so long as the association or organization itself	821
is listed.	822

(3) A brief description of the type of legislation to which	823
the engagement relates.	824

(B) In addition to the initial registration statement	825
required by division (A) of this section, each legislative agent	826
and employer shall file with the joint committee, not later than	827
the last day of January, May, and September of each year, an	828
updated registration statement that confirms the continuing	829
existence of each engagement described in an initial registration	830
statement and that lists the specific bills or resolutions on	831
which the agent actively advocated under that engagement during	832
the period covered by the updated statement, and with it any	833
statement of expenditures required to be filed by section 101.73	834
of the Revised Code and any details of financial transactions	835
required to be filed by section 101.74 of the Revised Code.	836

(C) If a legislative agent is engaged by more than one	837
employer, the agent shall file a separate initial and updated	838
registration statement for each engagement. If an employer engages	839
more than one legislative agent, the employer need file only one	840
updated registration statement under division (B) of this section,	841
which shall contain the information required by division (B) of	842
this section regarding all of the legislative agents engaged by	843
the employer.	844

(D)(1) A change in any information required by division	845
(A)(1), (2), or (B) of this section shall be reflected in the next	846
updated registration statement filed under division (B) of this	847
section.	848

(2) Within thirty days after the termination of an	849
engagement, the legislative agent who was employed under the	850
engagement shall send written notification of the termination to	851
the joint committee.	852

(E) Except as otherwise provided in this division, a	853
registration fee of ~~ten~~twenty-five dollars shall be charged for	854
filing an initial registration statement. All money collected from	855
registration fees under this division and late filing fees under	856
division (G) of this section shall be deposited ~~to the credit of~~	857
~~the joint legislative ethics committee fund created under section~~	858
~~101.34 of the Revised Code~~into the general revenue fund of the	859
state.	860

An officer or employee of a state agency who actively	861
advocates in a fiduciary capacity as a representative of that	862
state agency need not pay the registration fee prescribed by this	863
division or file expenditure statements under section 101.73 of	864
the Revised Code. As used in this division, "state agency" does	865
not include a state institution of higher education as defined in	866
section 3345.011 of the Revised Code.	867

(F) Upon registration pursuant to division (A) of this	868
section, the legislative agent shall be issued a card by the joint	869
committee showing that the legislative agent is registered. The	870
registration card and the legislative agent's registration shall	871
be valid from the date of their issuance until the next	872
thirty-first day of December of an even-numbered year.	873

(G) The executive director of the joint committee shall be	874
responsible for reviewing each registration statement filed with	875
the joint committee under this section and for determining whether	876
the statement contains all of the information required by this	877
section. If the joint committee determines that the registration	878
statement does not contain all of the required information or that	879
a legislative agent or employer has failed to file a registration	880
statement, the joint committee shall send written notification by	881
certified mail to the person who filed the registration statement	882
regarding the deficiency in the statement or to the person who	883
failed to file the registration statement regarding the failure.	884
Any person so notified by the joint committee shall, not later	885
than fifteen days after receiving the notice, file a registration	886
statement or an amended registration statement that does contain	887
all of the information required by this section. If any person who	888
receives a notice under this division fails to file a registration	889
statement or such an amended registration statement within this	890
fifteen-day period, the joint committee shall assess a late filing	891
fee equal to twelve dollars and fifty cents per day, up to a	892
maximum of one hundred dollars, upon that person. The joint	893
committee may waive the late filing fee for good cause shown.	894

(H) On or before the fifteenth day of March of each year, the	895
joint committee shall, in the manner and form that it determines,	896
publish a report containing statistical information on the	897
registration statements filed with it under this section during	898
the preceding year.	899

Sec. 101.82. As used in sections 101.82 to 101.87 of the	900
Revised Code:	901

(A) "Agency" means any board, commission, committee, or	902
council, or any other similar state public body required to be	903
established pursuant to state statutes for the exercise of any	904
function of state government and to which members are appointed or	905
elected. "Agency" does not include the following:	906

(1) The general assembly, or any commission, committee, or	907
other body composed entirely of members ~~thereof~~of the general	908
assembly;	909

(2) Any court;

910

(3) Any public body created by or directly pursuant to the	911
constitution of this state;	912

(4) The board of trustees of any institution of higher	913
education financially supported in whole or in part by the state;	914

(5) Any public body that has the authority to issue bonds or	915
notes or that has issued bonds or notes that have not been fully	916
repaid;	917

(6) The public utilities commission of Ohio;

918

(7) The consumers' council governing board;

919

(8) The Ohio board of regents;

920

(9) Any state board or commission that has the authority to	921
issue any final adjudicatory order that may be appealed to the	922
court of common pleas under Chapter 119. of the Revised Code;	923

(10) Any board of elections;

924

(11) The board of directors of the Ohio insurance guaranty	925
association and the board of governors of the Ohio fair plan	926
underwriting association;	927

(12) The Ohio public employees deferred compensation board;

928

(13) The Ohio retirement study council;

929

(14) The board of trustees of the Ohio police and fire	930
pension fund, public employees retirement board, school employees	931
retirement board, state highway patrol retirement board, and state	932
teachers retirement board;	933

(15) The industrial commission.

934

(B) "Abolish" means to repeal the statutes creating and	935
empowering an agency, remove its personnel, and transfer its	936
records to the department of administrative services pursuant to	937
division ~~(H)~~(E) of section 149.331 of the Revised Code.	938

(C) "Terminate" means to amend or repeal the statutes	939
creating and empowering an agency, remove its personnel, and	940
reassign its functions and records to another agency or officer	941
designated by the general assembly.	942

(D) "Transfer" means to amend the statutes creating and	943
empowering an agency so that its functions, records, and personnel	944
are conveyed to another agency or officer.	945

(E) "Renew" means to continue an agency, and may include	946
amendment of the statutes creating and empowering the agency, or	947
recommendations for changes in agency operation or personnel.	948

Sec. 102.02. (A) Except as otherwise provided in division	949
(H) of this section, every person who is elected to or is a	950
candidate for a state, county, or city office, or the office of	951
member of the United States congress, and every person who is	952
appointed to fill a vacancy for an unexpired term in such an	953
elective office; all members of the state board of education; the	954
director, assistant directors, deputy directors, division chiefs,	955
or persons of equivalent rank of any administrative department of	956
the state; the president or other chief administrative officer of	957
every state institution of higher education as defined in section	958
3345.011 of the Revised Code; the chief executive officer of each	959
state retirement system; all members of the board of commissioners	960
on grievances and discipline of the supreme court and the ethics	961
commission created under section 102.05 of the Revised Code; every	962
business manager, treasurer, or superintendent of a city, local,	963
exempted village, joint vocational, or cooperative education	964
school district or an educational service center; every person who	965
is elected to or is a candidate for the office of member of a	966
board of education of a city, local, exempted village, joint	967
vocational, or cooperative education school district or of a	968
governing board of an educational service center that has a total	969
student count of twelve thousand or more as most recently	970
determined by the department of education pursuant to section	971
3317.03 of the Revised Code; every person who is appointed to the	972
board of education of a municipal school district pursuant to	973
division (B) or (F) of section 3311.71 of the Revised Code; all	974
members of the board of directors of a sanitary district	975
established under Chapter 6115. of the Revised Code and organized	976
wholly for the purpose of providing a water supply for domestic,	977
municipal, and public use that includes two municipal corporations	978
in two counties; every public official or employee who is paid a	979
salary or wage in accordance with schedule C of section 124.15 or	980
schedule E-2 of section 124.152 of the Revised Code; members of	981
the board of trustees and the executive director of the tobacco	982
use prevention and control foundation; members of the board of	983
trustees and the executive director of the southern Ohio	984
agricultural and community development foundation; and every other	985
public official or employee who is designated by the appropriate	986
ethics commission pursuant to division (B) of this section shall	987
file with the appropriate ethics commission on a form prescribed	988
by the commission, a statement disclosing all of the following:	989

(1) The name of the person filing the statement and each	990
member of the person's immediate family and all names under which	991
the person or members of the person's immediate family do	992
business;	993

(2)(a) Subject to divisions (A)(2)(b) and (c) of this section	994
and except as otherwise provided in section 102.022 of the Revised	995
Code, identification of every source of income, other than income	996
from a legislative agent identified in division (A)(2)(b) of this	997
section, received during the preceding calendar year, in the	998
person's own name or by any other person for the person's use or	999
benefit, by the person filing the statement, and a brief	1000
description of the nature of the services for which the income was	1001
received. If the person filing the statement is a member of the	1002
general assembly, the statement shall identify the amount of every	1003
source of income received in accordance with the following ranges	1004
of amounts: zero or more, but less than one thousand dollars; one	1005
thousand dollars or more, but less than ten thousand dollars; ten	1006
thousand dollars or more, but less than twenty-five thousand	1007
dollars; twenty-five thousand dollars or more, but less than fifty	1008
thousand dollars; fifty thousand dollars or more, but less than	1009
one hundred thousand dollars; and one hundred thousand dollars or	1010
more. Division (A)(2)(a) of this section shall not be construed to	1011
require a person filing the statement who derives income from a	1012
business or profession to disclose the individual items of income	1013
that constitute the gross income of that business or profession,	1014
except for those individual items of income that are attributable	1015
to the person's or, if the income is shared with the person, the	1016
partner's, solicitation of services or goods or performance,	1017
arrangement, or facilitation of services or provision of goods on	1018
behalf of the business or profession of clients, including	1019
corporate clients, who are legislative agents as defined in	1020
section 101.70 of the Revised Code. A person who files the	1021
statement under this section shall disclose the identity of and	1022
the amount of income received from a person who the public	1023
official or employee knows or has reason to know is doing or	1024
seeking to do business of any kind with the public official's or	1025
employee's agency.	1026

(b) If the person filing the statement is a member of the	1027
general assembly, the statement shall identify every source of	1028
income and the amount of that income that was received from a	1029
legislative agent, as defined in section 101.70 of the Revised	1030
Code, during the preceding calendar year, in the person's own name	1031
or by any other person for the person's use or benefit, by the	1032
person filing the statement, and a brief description of the nature	1033
of the services for which the income was received. Division	1034
(A)(2)(b) of this section requires the disclosure of clients of	1035
attorneys or persons licensed under section 4732.12 of the Revised	1036
Code, or patients of persons certified under section 4731.14 of	1037
the Revised Code, if those clients or patients are legislative	1038
agents. Division (A)(2)(b) of this section requires a person	1039
filing the statement who derives income from a business or	1040
profession to disclose those individual items of income that	1041
constitute the gross income of that business or profession that	1042
are received from legislative agents.	1043

(c) Except as otherwise provided in division (A)(2)(c) of	1044
this section, division (A)(2)(a) of this section applies to	1045
attorneys, physicians, and other persons who engage in the	1046
practice of a profession and who, pursuant to a section of the	1047
Revised Code, the common law of this state, a code of ethics	1048
applicable to the profession, or otherwise, generally are required	1049
not to reveal, disclose, or use confidences of clients, patients,	1050
or other recipients of professional services except under	1051
specified circumstances or generally are required to maintain	1052
those types of confidences as privileged communications except	1053
under specified circumstances. Division (A)(2)(a) of this section	1054
does not require an attorney, physician, or other professional	1055
subject to a confidentiality requirement as described in division	1056
(A)(2)(c) of this section to disclose the name, other identity, or	1057
address of a client, patient, or other recipient of professional	1058
services if the disclosure would threaten the client, patient, or	1059
other recipient of professional services, would reveal details of	1060
the subject matter for which legal, medical, or professional	1061
advice or other services were sought, or would reveal an otherwise	1062
privileged communication involving the client, patient, or other	1063
recipient of professional services. Division (A)(2)(a) of this	1064
section does not require an attorney, physician, or other	1065
professional subject to a confidentiality requirement as described	1066
in division (A)(2)(c) of this section to disclose in the brief	1067
description of the nature of services required by division	1068
(A)(2)(a) of this section any information pertaining to specific	1069
professional services rendered for a client, patient, or other	1070
recipient of professional services that would reveal details of	1071
the subject matter for which legal, medical, or professional	1072
advice was sought or would reveal an otherwise privileged	1073
communication involving the client, patient, or other recipient of	1074
professional services.	1075

(3) The name of every corporation on file with the secretary	1076
of state that is incorporated in this state or holds a certificate	1077
of compliance authorizing it to do business in this state, trust,	1078
business trust, partnership, or association that transacts	1079
business in this state in which the person filing the statement or	1080
any other person for the person's use and benefit had during the	1081
preceding calendar year an investment of over one thousand dollars	1082
at fair market value as of the thirty-first day of December of the	1083
preceding calendar year, or the date of disposition, whichever is	1084
earlier, or in which the person holds any office or has a	1085
fiduciary relationship, and a description of the nature of the	1086
investment, office, or relationship. Division (A)(3) of this	1087
section does not require disclosure of the name of any bank,	1088
savings and loan association, credit union, or building and loan	1089
association with which the person filing the statement has a	1090
deposit or a withdrawable share account.	1091

(4) All fee simple and leasehold interests to which the	1092
person filing the statement holds legal title to or a beneficial	1093
interest in real property located within the state, excluding the	1094
person's residence and property used primarily for personal	1095
recreation;	1096

(5) The names of all persons residing or transacting business	1097
in the state to whom the person filing the statement owes, in the	1098
person's own name or in the name of any other person, more than	1099
one thousand dollars. Division (A)(5) of this section shall not be	1100
construed to require the disclosure of debts owed by the person	1101
resulting from the ordinary conduct of a business or profession or	1102
debts on the person's residence or real property used primarily	1103
for personal recreation, except that the superintendent of	1104
financial institutions shall disclose the names of all	1105
state-chartered savings and loan associations and of all service	1106
corporations subject to regulation under division (E)(2) of	1107
section 1151.34 of the Revised Code to whom the superintendent in	1108
the superintendent's own name or in the name of any other person	1109
owes any money, and that the superintendent and any deputy	1110
superintendent of banks shall disclose the names of all	1111
state-chartered banks and all bank subsidiary corporations subject	1112
to regulation under section 1109.44 of the Revised Code to whom	1113
the superintendent or deputy superintendent owes any money.	1114

(6) The names of all persons residing or transacting business	1115
in the state, other than a depository excluded under division	1116
(A)(3) of this section, who owe more than one thousand dollars to	1117
the person filing the statement, either in the person's own name	1118
or to any person for the person's use or benefit. Division (A)(6)	1119
of this section shall not be construed to require the disclosure	1120
of clients of attorneys or persons licensed under section 4732.12	1121
or 4732.15 of the Revised Code, or patients of persons certified	1122
under section 4731.14 of the Revised Code, nor the disclosure of	1123
debts owed to the person resulting from the ordinary conduct of a	1124
business or profession.	1125

(7) Except as otherwise provided in section 102.022 of the	1126
Revised Code, the source of each gift of over seventy-five	1127
dollars, or of each gift of over twenty-five dollars received by a	1128
member of the general assembly from a legislative agent, received	1129
by the person in the person's own name or by any other person for	1130
the person's use or benefit during the preceding calendar year,	1131
except gifts received by will or by virtue of section 2105.06 of	1132
the Revised Code, or received from spouses, parents, grandparents,	1133
children, grandchildren, siblings, nephews, nieces, uncles, aunts,	1134
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law,	1135
fathers-in-law, mothers-in-law, or any person to whom the person	1136
filing the statement stands in loco parentis, or received by way	1137
of distribution from any inter vivos or testamentary trust	1138
established by a spouse or by an ancestor;	1139

(8) Except as otherwise provided in section 102.022 of the	1140
Revised Code, identification of the source and amount of every	1141
payment of expenses incurred for travel to destinations inside or	1142
outside this state that is received by the person in the person's	1143
own name or by any other person for the person's use or benefit	1144
and that is incurred in connection with the person's official	1145
duties, except for expenses for travel to meetings or conventions	1146
of a national or state organization to which any state agency,	1147
including, but not limited to, any legislative agency or state	1148
institution of higher education as defined in section 3345.011 of	1149
the Revised Code, pays membership dues, or any political	1150
subdivision or any office or agency of a political subdivision	1151
pays membership dues;	1152

(9) Except as otherwise provided in section 102.022 of the	1153
Revised Code, identification of the source of payment of expenses	1154
for meals and other food and beverages, other than for meals and	1155
other food and beverages provided at a meeting at which the person	1156
participated in a panel, seminar, or speaking engagement or at a	1157
meeting or convention of a national or state organization to which	1158
any state agency, including, but not limited to, any legislative	1159
agency or state institution of higher education as defined in	1160
section 3345.011 of the Revised Code, pays membership dues, or any	1161
political subdivision or any office or agency of a political	1162
subdivision pays membership dues, that are incurred in connection	1163
with the person's official duties and that exceed one hundred	1164
dollars aggregated per calendar year;	1165

(10) If the financial disclosure statement is filed by a	1166
public official or employee described in division (B)(2) of	1167
section 101.73 of the Revised Code or division (B)(2) of section	1168
121.63 of the Revised Code who receives a statement from a	1169
legislative agent, executive agency lobbyist, or employer that	1170
contains the information described in division (F)(2) of section	1171
101.73 of the Revised Code or division (G)(2) of section 121.63 of	1172
the Revised Code, all of the nondisputed information contained in	1173
the statement delivered to that public official or employee by the	1174
legislative agent, executive agency lobbyist, or employer under	1175
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of	1176
the Revised Code. As used in division (A)(10) of this section,	1177
"legislative agent," "executive agency lobbyist," and "employer"	1178
have the same meanings as in sections 101.70 and 121.60 of the	1179
Revised Code.	1180

A person may file a statement required by this section in	1181
person or by mail. A person who is a candidate for elective office	1182
shall file the statement no later than the thirtieth day before	1183
the primary, special, or general election at which the candidacy	1184
is to be voted on, whichever election occurs soonest, except that	1185
a person who is a write-in candidate shall file the statement no	1186
later than the twentieth day before the earliest election at which	1187
the person's candidacy is to be voted on. A person who holds	1188
elective office shall file the statement on or before the	1189
fifteenth day of April of each year unless the person is a	1190
candidate for office. A person who is appointed to fill a vacancy	1191
for an unexpired term in an elective office shall file the	1192
statement within fifteen days after the person qualifies for	1193
office. Other persons shall file an annual statement on or before	1194
the fifteenth day of April or, if appointed or employed after that	1195
date, within ninety days after appointment or employment. No	1196
person shall be required to file with the appropriate ethics	1197
commission more than one statement or pay more than one filing fee	1198
for any one calendar year.	1199

The appropriate ethics commission, for good cause, may extend	1200
for a reasonable time the deadline for filing a statement under	1201
this section.	1202

A statement filed under this section is subject to public	1203
inspection at locations designated by the appropriate ethics	1204
commission except as otherwise provided in this section.	1205

(B) The Ohio ethics commission, the joint legislative ethics	1206
committee, and the board of commissioners on grievances and	1207
discipline of the supreme court, using the rule-making procedures	1208
of Chapter 119. of the Revised Code, may require any class of	1209
public officials or employees under its jurisdiction and not	1210
specifically excluded by this section whose positions involve a	1211
substantial and material exercise of administrative discretion in	1212
the formulation of public policy, expenditure of public funds,	1213
enforcement of laws and rules of the state or a county or city, or	1214
the execution of other public trusts, to file an annual statement	1215
on or before the fifteenth day of April under division (A) of this	1216
section. The appropriate ethics commission shall send the public	1217
officials or employees written notice of the requirement by the	1218
fifteenth day of February of each year the filing is required	1219
unless the public official or employee is appointed after that	1220
date, in which case the notice shall be sent within thirty days	1221
after appointment, and the filing shall be made not later than	1222
ninety days after appointment.	1223

Except for disclosure statements filed by members of the	1224
board of trustees and the executive director of the tobacco use	1225
prevention and control foundation and members of the board of	1226
trustees and the executive director of the southern Ohio	1227
agricultural and community development foundation, disclosure	1228
statements filed under this division with the Ohio ethics	1229
commission by members of boards, commissions, or bureaus of the	1230
state for which no compensation is received other than reasonable	1231
and necessary expenses shall be kept confidential. Disclosure	1232
statements filed with the Ohio ethics commission under division	1233
(A) of this section by business managers, treasurers, and	1234
superintendents of city, local, exempted village, joint	1235
vocational, or cooperative education school districts or	1236
educational service centers shall be kept confidential, except	1237
that any person conducting an audit of any such school district or	1238
educational service center pursuant to section 115.56 or Chapter	1239
117. of the Revised Code may examine the disclosure statement of	1240
any business manager, treasurer, or superintendent of that school	1241
district or educational service center. The Ohio ethics commission	1242
shall examine each disclosure statement required to be kept	1243
confidential to determine whether a potential conflict of interest	1244
exists for the person who filed the disclosure statement. A	1245
potential conflict of interest exists if the private interests of	1246
the person, as indicated by the person's disclosure statement,	1247
might interfere with the public interests the person is required	1248
to serve in the exercise of the person's authority and duties in	1249
the person's office or position of employment. If the commission	1250
determines that a potential conflict of interest exists, it shall	1251
notify the person who filed the disclosure statement and shall	1252
make the portions of the disclosure statement that indicate a	1253
potential conflict of interest subject to public inspection in the	1254
same manner as is provided for other disclosure statements. Any	1255
portion of the disclosure statement that the commission determines	1256
does not indicate a potential conflict of interest shall be kept	1257
confidential by the commission and shall not be made subject to	1258
public inspection, except as is necessary for the enforcement of	1259
Chapters 102. and 2921. of the Revised Code and except as	1260
otherwise provided in this division.	1261

(C) No person shall knowingly fail to file, on or before the	1262
applicable filing deadline established under this section, a	1263
statement that is required by this section.	1264

(D) No person shall knowingly file a false statement that is	1265
required to be filed under this section.	1266

(E)(1) Except as provided in divisions (E)(2) and (3) of this	1267
section, the statement required by division (A) or (B) of this	1268
section shall be accompanied by a filing fee of ~~twenty-five~~forty	1269
dollars.	1270

(2) The statement required by division (A) of this section	1271
shall be accompanied by athe following filing fee to be paid by	1272
the person who is elected or appointed to, or is a candidate for,	1273
any of the following offices:	1274

For state office, except member of the		1275
state board of education	$50 65	1276
For office of member of United States		1277
congress or member of general assembly	$25 40	1278
For county office	$25 40	1279
For city office	$10 25	1280
For office of member of the state board		1281
of education	$20 25	1282
For office of member of a city, local,		1283
exempted village, or cooperative		1284
education board of		1285
education or educational service		1286
center governing board	$ 5 20	1287
For position of business manager,		1288
treasurer, or superintendent of a		1289
city, local, exempted village, joint		1290
vocational, or cooperative education		1291
school district or		1292
educational service center	$ 5 20	1293

(3) No judge of a court of record or candidate for judge of a	1294
court of record, and no referee or magistrate serving a court of	1295
record, shall be required to pay the fee required under division	1296
(E)(1) or (2) or (F) of this section.	1297

(4) For any public official who is appointed to a nonelective	1298
office of the state and for any employee who holds a nonelective	1299
position in a public agency of the state, the state agency that is	1300
the primary employer of the state official or employee shall pay	1301
the fee required under division (E)(1) or (F) of this section.	1302

(F) If a statement required to be filed under this section is	1303
not filed by the date on which it is required to be filed, the	1304
appropriate ethics commission shall assess the person required to	1305
file the statement a late filing fee ~~equal to one-half~~ of ~~the~~	1306
~~applicable filing fee~~ten dollars for each day the statement is	1307
not filed, except that the total amount of the late filing fee	1308
shall not exceed ~~one~~two hundred fifty dollars.	1309

(G)(1) The appropriate ethics commission other than the Ohio	1310
ethics commission shall deposit all fees it receives under	1311
divisions (E) and (F) of this section into the general revenue	1312
fund of the state.	1313

(2) The Ohio ethics commission shall deposit all receipts,	1314
including, but not limited to, fees it receives under divisions	1315
(E) and (F) of this section and all moneys it receives from	1316
settlements under division (G) of section 102.06 of the Revised	1317
Code, into the Ohio ethics commission fund, which is hereby	1318
created in the state treasury. All moneys credited to the fund	1319
shall be used solely for expenses related to the operation and	1320
statutory functions of the commission.	1321

(H) Division (A) of this section does not apply to a person	1322
elected or appointed to the office of precinct, ward, or district	1323
committee member under Chapter 3517. of the Revised Code; a	1324
presidential elector; a delegate to a national convention; village	1325
or township officials and employees; any physician or psychiatrist	1326
who is paid a salary or wage in accordance with schedule C of	1327
section 124.15 or schedule E-2 of section 124.152 of the Revised	1328
Code and whose primary duties do not require the exercise of	1329
administrative discretion; or any member of a board, commission,	1330
or bureau of any county or city who receives less than one	1331
thousand dollars per year for serving in that position.	1332

Sec. 107.12. (A) As used in this section, "organization"	1333
means a faith-based or other organization that is exempt from	1334
federal income taxation under section 501(c)(3) of the Internal	1335
Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended, and	1336
provides charitable services to needy residents of this state.	1337

(B) There is hereby established within the office of the	1338
governor the governor's office of faith-based and community	1339
initiatives. The office shall:	1340

(1) Serve as a clearinghouse of information on federal,	1341
state, and local funding for charitable services performed by	1342
organizations;	1343

(2) Encourage organizations to seek public funding for their	1344
charitable services;	1345

(3) Act as a liaison between state agencies and	1346
organizations;	1347

(4) Advise the governor, general assembly, and the advisory	1348
board of the governor's office of faith-based community	1349
initiatives on the barriers that exist to collaboration between	1350
organizations and governmental entities and on ways to remove the	1351
barriers.	1352

(C) The governor shall appoint an executive assistant to	1353
manage the office and perform or oversee the performance of the	1354
duties of the office.	1355

(D)(1) There is hereby created the advisory board of the	1356
governor's office of faith-based and community initiatives. The	1357
board shall consist of members appointed as follows:	1358

(a) The directors of aging, alcohol and drug addiction	1359
services, rehabilitation and correction, health, job and family	1360
services, mental health, and youth services shall each appoint to	1361
the board one employee of that director's department.	1362

(b) The speaker of the house of representatives shall appoint	1363
to the board two members of the house of representatives, not more	1364
than one of whom shall be from the same political party and at	1365
least one of whom shall be from the legislative black caucus. The	1366
speaker of the house of representatives shall consult with the	1367
president of the legislative black caucus in making the	1368
legislative black caucus member appointment. The president of the	1369
senate shall appoint to the board two members of the senate, not	1370
more than one of whom shall be from the same political party.	1371

(c) The governor, speaker of the house of representatives,	1372
and president of the senate shall each appoint to the board three	1373
representatives of the nonprofit, faith-based and other nonprofit	1374
community.	1375

(2) The appointments to the board shall be made within thirty	1376
days after the effective date of this section. Terms of the office	1377
shall be one year. Any vacancy that occurs on the board shall be	1378
filled in the same manner as the original appointment. The members	1379
of the board shall serve without compensation.	1380

(3) At its initial meeting, the board shall elect a	1381
chairperson. The chairperson shall be a member of the board who is	1382
a member of the house of representatives.	1383

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

1384

(1) Provide direction, guidance, and oversight to the office;

1385

(2) Publish a report of its activities on or before the first	1386
day of August of each year, and deliver copies of the report to	1387
the governor, the speaker and minority leader of the house of	1388
representatives, and the president and minority leader of the	1389
senate.	1390

Sec. 107.31. (A) As used in this section:

1391

(1) "State institutional facility" means any institution or	1392
other facility, in operation on or after January 1, 2003, for the	1393
housing of any person that is under the control of the department	1394
of rehabilitation and correction, the department of youth	1395
services, the department of mental retardation and developmental	1396
disabilities, the department of mental health, or any other agency	1397
or department of state government.	1398

(2) "Target state agency" means the agency of state	1399
government that operates the institutional facility or facilities	1400
that the governor believes should be closed.	1401

(B) Prior to the closing of a state institutional facility,	1402
the target state agency shall conduct a survey and analysis of the	1403
needs of each client at that facility for the purpose of ensuring	1404
that each client's identified needs during the transition and in	1405
the client's new setting are met. A copy of the analysis, devoid	1406
of any client identifying information, as well as the target state	1407
agency's proposal for meeting the needs of the clients, shall be	1408
submitted to the general assembly in accordance with section	1409
101.68 of the Revised Code at least two months prior to the	1410
closing.	1411

Sec. 107.32. (A) As used in this section and section 107.33	1412
of the Revised Code:	1413

(1) "State institutional facility" means any institution or	1414
other facility for the housing of any person that is under the	1415
control of the department of rehabilitation and correction, the	1416
department of youth services, the department of mental retardation	1417
and developmental disabilities, the department of mental health,	1418
or any other agency or department of state government.	1419

(2) "Target state agency" means the agency of state	1420
government that the governor identifies in a notice provided under	1421
division (C)(1) of this section and that operates an institutional	1422
facility or facilities the governor believes should be closed.	1423

(B) Notwithstanding any other provision of law, the governor	1424
shall not order the closure of any state institutional facility,	1425
for the purpose of expenditure reductions or budget cuts, other	1426
than in accordance with this section.	1427

(C) If the governor determines that necessary expenditure	1428
reductions and budget cuts cannot be made without closing one or	1429
more state institutional facilities, all of the following apply:	1430

(1) The governor shall determine which state agency's	1431
institutional facility or facilities the governor believes should	1432
be closed, shall notify the general assembly and that agency of	1433
that determination, and shall specify in the notice the number of	1434
facilities of that agency that the governor believes should be	1435
closed and the anticipated savings to be obtained through that	1436
closure or those closures.	1437

(2) Upon the governor's provision of the notice described in	1438
division (C)(1) of this section, a state facilities closure	1439
commission shall be created as described in division (D) of this	1440
section regarding the target state agency. Not later than seven	1441
days after the governor provides that notice, the officials with	1442
the duties to appoint members of the commission for the target	1443
state agency, as described in division (D) of this section, shall	1444
appoint the specified members of the commission, and, as soon as	1445
possible after the appointments, the commission shall meet for the	1446
purposes described in that division. Not later than thirty days	1447
after the governor provides the notice described in division	1448
(C)(1) of this section, the state facilities closure commission	1449
shall provide to the general assembly, the governor, and the	1450
target state agency a report that contains the commission's	1451
recommendation as to the state institutional facility or	1452
facilities of the target state agency that the governor may close.	1453
The anticipated savings to be obtained by the commission's	1454
recommendation shall be approximately the same as the anticipated	1455
savings the governor specified in the governor's notice provided	1456
under division (C)(1) of this section, and, if the recommendation	1457
identifies more than one facility, it shall list them in order of	1458
the commission's preference for closure. A state facilities	1459
closure commission created for a particular target state agency	1460
shall make a report only regarding that target state agency and	1461
shall include no recommendations regarding any other state agency	1462
or department in its report.	1463

(3) Upon receipt of the report of the state facilities	1464
closure commission under division (C)(2) of this section for a	1465
target state agency, if the governor still believes that necessary	1466
expenditure reductions and budget cuts cannot be made without	1467
closing one or more state institutional facilities, the governor	1468
may close state institutional facilities of the target state	1469
agency that are identified in the commission's recommendation	1470
contained in the report. Except as otherwise provided in this	1471
division, the governor shall not close any state institutional	1472
facility of the target state agency that is not listed in the	1473
commission's recommendation, and shall not close multiple	1474
institutions in any order other than the order of the commission's	1475
preference as specified in the recommendation. The governor is not	1476
required to follow the recommendation of the commission in closing	1477
an institutional facility if the governor determines that a	1478
significant change in circumstances makes the recommendation	1479
unworkable.	1480

(D) A state facilities closure commission shall be created at	1481
the time and in the manner specified in division (C)(2) of this	1482
section. If more than one state agency or department is a target	1483
state agency, a separate state facilities closure commission shall	1484
be created for each such target state agency. Each commission	1485
consists of eleven members. Three members shall be members of the	1486
house of representatives appointed by the speaker of the house of	1487
representatives, none of the members so appointed may have a state	1488
institutional facility of the target state agency in the member's	1489
district, two of the members so appointed shall be members of the	1490
majority political party in the house of representatives, and one	1491
of the members so appointed shall not be a member of the majority	1492
political party in the house of representatives. Three members	1493
shall be members of the senate appointed by the president of the	1494
senate, none of the members so appointed may have a state	1495
institutional facility of the target state agency in the member's	1496
district, two of the members so appointed shall be members of the	1497
majority political party in the senate, and one of the members so	1498
appointed shall not be a member of the majority political party in	1499
the senate. One member shall be the director of budget and	1500
management. One member shall be the director, or other agency	1501
head, of the target state agency. Two members shall be private	1502
executives with expertise in facility utilization, with one of	1503
these members appointed by the speaker of the house of	1504
representatives and the other appointed by the president of the	1505
senate, and neither of the members so appointed may have a state	1506
institutional facility of the target state agency in the county in	1507
which the member resides. One member shall be a representative of	1508
the Ohio civil service employees' association or other	1509
representative association of the employees of the target state	1510
agency, appointed by the speaker of the house of representatives.	1511
The officials with the duties to appoint members of the commission	1512
shall make the appointments, and the commission shall meet, within	1513
the time periods specified in division (C)(2) of this section. The	1514
members of the commission shall serve without compensation. At the	1515
commission's first meeting, the members shall organize, and	1516
appoint a chairperson and vice-chairperson.	1517

The commission shall determine which state institutional	1518
facility or facilities under the control of the target state	1519
agency for which the commission was created should be closed. In	1520
making this determination, the commission shall, at a minimum,	1521
consider the following factors:	1522

(1) Whether there is a need to reduce the number of	1523
facilities;	1524

(2) The availability of alternate facilities;

1525

(3) The cost effectiveness of the facilities;

1526

(4) The geographic factors associated with each facility and	1527
its proximity to other similar facilities;	1528

(5) The impact of collective bargaining on facility	1529
operations;	1530

(6) The utilization and maximization of resources;

1531

(7) Continuity of the staff and ability to serve the facility	1532
population;	1533

(8) Continuing costs following closure of a facility;

1534

(9) The impact of the closure on the local economy;

1535

(10) Alternatives and opportunities for consolidation with	1536
other facilities.	1537

The commission shall meet as often as necessary to make its	1538
determination, may take testimony and consider all relevant	1539
information, and shall prepare and provide in accordance with	1540
division (C)(2) of this section a report containing its	1541
recommendations. Upon providing the report regarding the target	1542
state agency, the commission shall cease to exist, provided that	1543
another commission shall be created for the same state agency if	1544
the agency is made a target state agency in another report	1545
provided under division (C)(1) of this section and provided that	1546
another commission shall be created for a different state agency	1547
if that other agency is made a target state agency in a report	1548
provided under that division.	1549

Sec. 107.33. Notwithstanding any other provision of law, if	1550
the closure of the particular facility is authorized under section	1551
107.32 of the Revised Code, the governor may terminate any	1552
contract entered into under section 9.06 of the Revised Code for	1553
the private operation and management of any correctional facility	1554
under the control of the department of rehabilitation and	1555
correction, including, but not limited to the initial intensive	1556
program prison established pursuant to section 5120.033 of the	1557
Revised Code as it existed prior to the effective date of this	1558
section, and terminate the operation of, and close that facility.	1559
If the governor terminates a contract for the private operation	1560
and management of a facility, and terminates the operation of, and	1561
closes, the facility as described in this section, inmates in the	1562
facility shall be transferred to another correctional facility	1563
under the control of the department. If the initial intensive	1564
program prison is closed, divisions (G)(2)(a) and (b) of section	1565
2929.13 of the Revised Code have no effect while the facility is	1566
closed.	1567

Sec. 109.32. All annual filing fees obtained by the attorney	1568
general pursuant to section 109.31 of the Revised Code, all	1569
receipts obtained from the sale of the charitable foundations	1570
directory, all registration fees received by the attorney general,	1571
bond forfeitures, awards of costs and attorney's fees, and civil	1572
penalties assessed under Chapter 1716. of the Revised Code, and	1573
all license fees received by the attorney general under section	1574
2915.08, 2915.081, or 2915.082 of the Revised Code shall be paid	1575
into the state treasury to the credit of the charitable law fund.	1576
The charitable law fund shall be used insofar as its moneys are	1577
available for the expenses of the charitable law section of the	1578
office of the attorney general, except that all annual license	1579
fees that are received by the attorney general under section	1580
2915.08, 2915.081, or 2915.082 of the Revised Code and that are	1581
credited to the fund shall be used by the attorney general, or any	1582
law enforcement agency in cooperation with the attorney general,	1583
for the purposes specified in division ~~(G)~~(H) of section 2915.10	1584
of the Revised Code and to administer and enforce Chapter 2915. of	1585
the Revised Code. The expenses of the charitable law section in	1586
excess of moneys available in the charitable law fund shall be	1587
paid out of regular appropriations to the office of the attorney	1588
general.	1589

Sec. 109.57. (A)(1) The superintendent of the bureau of	1590
criminal identification and investigation shall procure from	1591
wherever procurable and file for record photographs, pictures,	1592
descriptions, fingerprints, measurements, and other information	1593
that may be pertinent of all persons who have been convicted of	1594
committing within this state a felony, any crime constituting a	1595
misdemeanor on the first offense and a felony on subsequent	1596
offenses, or any misdemeanor described in division (A)(1)(a) of	1597
section 109.572 of the Revised Code, of all children under	1598
eighteen years of age who have been adjudicated delinquent	1599
children for committing within this state an act that would be a	1600
felony or an offense of violence if committed by an adult or who	1601
have been convicted of or pleaded guilty to committing within this	1602
state a felony or an offense of violence, and of all well-known	1603
and habitual criminals. The person in charge of any county,	1604
multicounty, municipal, municipal-county, or multicounty-municipal	1605
jail or workhouse, community-based correctional facility, halfway	1606
house, alternative residential facility, or state correctional	1607
institution and the person in charge of any state institution	1608
having custody of a person suspected of having committed a felony,	1609
any crime constituting a misdemeanor on the first offense and a	1610
felony on subsequent offenses, or any misdemeanor described in	1611
division (A)(1)(a) of section 109.572 of the Revised Code or	1612
having custody of a child under eighteen years of age with respect	1613
to whom there is probable cause to believe that the child may have	1614
committed an act that would be a felony or an offense of violence	1615
if committed by an adult shall furnish such material to the	1616
superintendent of the bureau. Fingerprints, photographs, or other	1617
descriptive information of a child who is under eighteen years of	1618
age, has not been arrested or otherwise taken into custody for	1619
committing an act that would be a felony or an offense of violence	1620
if committed by an adult, has not been adjudicated a delinquent	1621
child for committing an act that would be a felony or an offense	1622
of violence if committed by an adult, has not been convicted of or	1623
pleaded guilty to committing a felony or an offense of violence,	1624
and is not a child with respect to whom there is probable cause to	1625
believe that the child may have committed an act that would be a	1626
felony or an offense of violence if committed by an adult shall	1627
not be procured by the superintendent or furnished by any person	1628
in charge of any county, multicounty, municipal, municipal-county,	1629
or multicounty-municipal jail or workhouse, community-based	1630
correctional facility, halfway house, alternative residential	1631
facility, or state correctional institution, except as authorized	1632
in section 2151.313 of the Revised Code.	1633

(2) Every clerk of a court of record in this state, other	1634
than the supreme court or a court of appeals, shall send to the	1635
superintendent of the bureau a weekly report containing a summary	1636
of each case involving a felony, involving any crime constituting	1637
a misdemeanor on the first offense and a felony on subsequent	1638
offenses, involving a misdemeanor described in division (A)(1)(a)	1639
of section 109.572 of the Revised Code, or involving an	1640
adjudication in a case in which a child under eighteen years of	1641
age was alleged to be a delinquent child for committing an act	1642
that would be a felony or an offense of violence if committed by	1643
an adult. The clerk of the court of common pleas shall include in	1644
the report and summary the clerk sends under this division all	1645
information described in divisions (A)(2)(a) to (f) of this	1646
section regarding a case before the court of appeals that is	1647
served by that clerk. The summary shall be written on the standard	1648
forms furnished by the superintendent pursuant to division (B) of	1649
this section and shall include the following information:	1650

(a) The incident tracking number contained on the standard	1651
forms furnished by the superintendent pursuant to division (B) of	1652
this section;	1653

(b) The style and number of the case;

1654

1655

(d) The date that the person was convicted of or pleaded	1656
guilty to the offense, adjudicated a delinquent child for	1657
committing the act that would be a felony or an offense of	1658
violence if committed by an adult, found not guilty of the	1659
offense, or found not to be a delinquent child for committing an	1660
act that would be a felony or an offense of violence if committed	1661
by an adult, the date of an entry dismissing the charge, an entry	1662
declaring a mistrial of the offense in which the person is	1663
discharged, an entry finding that the person or child is not	1664
competent to stand trial, or an entry of a nolle prosequi, or the	1665
date of any other determination that constitutes final resolution	1666
of the case;	1667

(e) A statement of the original charge with the section of	1668
the Revised Code that was alleged to be violated;	1669

(f) If the person or child was convicted, pleaded guilty, or	1670
was adjudicated a delinquent child, the sentence or terms of	1671
probation imposed or any other disposition of the offender or the	1672
delinquent child.	1673

If the offense involved the disarming of a law enforcement	1674
officer or an attempt to disarm a law enforcement officer, the	1675
clerk shall clearly state that fact in the summary, and the	1676
superintendent shall ensure that a clear statement of that fact is	1677
placed in the bureau's records.	1678

(3) The superintendent shall cooperate with and assist	1679
sheriffs, chiefs of police, and other law enforcement officers in	1680
the establishment of a complete system of criminal identification	1681
and in obtaining fingerprints and other means of identification of	1682
all persons arrested on a charge of a felony, any crime	1683
constituting a misdemeanor on the first offense and a felony on	1684
subsequent offenses, or a misdemeanor described in division	1685
(A)(1)(a) of section 109.572 of the Revised Code and of all	1686
children under eighteen years of age arrested or otherwise taken	1687
into custody for committing an act that would be a felony or an	1688
offense of violence if committed by an adult. The superintendent	1689
also shall file for record the fingerprint impressions of all	1690
persons confined in a county, multicounty, municipal,	1691
municipal-county, or multicounty-municipal jail or workhouse,	1692
community-based correctional facility, halfway house, alternative	1693
residential facility, or state correctional institution for the	1694
violation of state laws and of all children under eighteen years	1695
of age who are confined in a county, multicounty, municipal,	1696
municipal-county, or multicounty-municipal jail or workhouse,	1697
community-based correctional facility, halfway house, alternative	1698
residential facility, or state correctional institution or in any	1699
facility for delinquent children for committing an act that would	1700
be a felony or an offense of violence if committed by an adult,	1701
and any other information that the superintendent may receive from	1702
law enforcement officials of the state and its political	1703
subdivisions.	1704

(4) The superintendent shall carry out Chapter 2950. of the	1705
Revised Code with respect to the registration of persons who are	1706
convicted of or plead guilty to a sexually oriented offense and	1707
with respect to all other duties imposed on the bureau under that	1708
chapter.	1709

(B) The superintendent shall prepare and furnish to every	1710
county, multicounty, municipal, municipal-county, or	1711
multicounty-municipal jail or workhouse, community-based	1712
correctional facility, halfway house, alternative residential	1713
facility, or state correctional institution and to every clerk of	1714
a court in this state specified in division (A)(2) of this section	1715
standard forms for reporting the information required under	1716
division (A) of this section. The standard forms that the	1717
superintendent prepares pursuant to this division may be in a	1718
tangible format, in an electronic format, or in both tangible	1719
formats and electronic formats.	1720

(C) The superintendent may operate a center for electronic,	1721
automated, or other data processing for the storage and retrieval	1722
of information, data, and statistics pertaining to criminals and	1723
to children under eighteen years of age who are adjudicated	1724
delinquent children for committing an act that would be a felony	1725
or an offense of violence if committed by an adult, criminal	1726
activity, crime prevention, law enforcement, and criminal justice,	1727
and may establish and operate a statewide communications network	1728
to gather and disseminate information, data, and statistics for	1729
the use of law enforcement agencies. The superintendent may	1730
gather, store, retrieve, and disseminate information, data, and	1731
statistics that pertain to children who are under eighteen years	1732
of age and that are gathered pursuant to sections 109.57 to 109.61	1733
of the Revised Code together with information, data, and	1734
statistics that pertain to adults and that are gathered pursuant	1735
to those sections.	1736

(D) The information and materials furnished to the	1737
superintendent pursuant to division (A) of this section and	1738
information and materials furnished to any board or person under	1739
division (F) or (G) of this section are not public records under	1740
section 149.43 of the Revised Code.	1741

(E) The attorney general shall adopt rules, in accordance	1742
with Chapter 119. of the Revised Code, setting forth the procedure	1743
by which a person may receive or release information gathered by	1744
the superintendent pursuant to division (A) of this section. A	1745
reasonable fee may be charged for this service. If a temporary	1746
employment service submits a request for a determination of	1747
whether a person the service plans to refer to an employment	1748
position has been convicted of or pleaded guilty to an offense	1749
listed in division (A)(1), (3), (4), or (5), or (6) of section	1750
109.572 of the Revised Code, the request shall be treated as a	1751
single request and only one fee shall be charged.	1752

(F)(1) As used in division (F)(2) of this section, "head	1753
start agency" means an entity in this state that has been approved	1754
to be an agency for purposes of subchapter II of the "Community	1755
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	1756
as amended.	1757

(2)(a) In addition to or in conjunction with any request that	1758
is required to be made under section 109.572, 2151.86, 3301.32,	1759
3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 5123.081,	1760
5126.28, 5126.281, or 5153.111 of the Revised Code, the board of	1761
education of any school district; the director of mental	1762
retardation and developmental disabilities; any county board of	1763
mental retardation and developmental disabilities; any entity	1764
under contract with a county board of mental retardation and	1765
developmental disabilities; the chief administrator of any	1766
chartered nonpublic school; the chief administrator of any home	1767
health agency; the chief administrator of or person operating any	1768
child day-care center, type A family day-care home, or type B	1769
family day-care home licensed or certified under Chapter 5104. of	1770
the Revised Code; the administrator of any type C family day-care	1771
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st	1772
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st	1773
general assembly; the chief administrator of any head start	1774
agency; or the executive director of a public children services	1775
agency may request that the superintendent of the bureau	1776
investigate and determine, with respect to any individual who has	1777
applied for employment in any position after October 2, 1989, or	1778
any individual wishing to apply for employment with a board of	1779
education may request, with regard to the individual, whether the	1780
bureau has any information gathered under division (A) of this	1781
section that pertains to that individual. On receipt of the	1782
request, the superintendent shall determine whether that	1783
information exists and, upon request of the person, board, or	1784
entity requesting information, also shall request from the federal	1785
bureau of investigation any criminal records it has pertaining to	1786
that individual. Within thirty days of the date that the	1787
superintendent receives a request, the superintendent shall send	1788
to the board, entity, or person a report of any information that	1789
the superintendent determines exists, including information	1790
contained in records that have been sealed under section 2953.32	1791
of the Revised Code, and, within thirty days of its receipt, shall	1792
send the board, entity, or person a report of any information	1793
received from the federal bureau of investigation, other than	1794
information the dissemination of which is prohibited by federal	1795
law.	1796

(b) When a board of education is required to receive	1797
information under this section as a prerequisite to employment of	1798
an individual pursuant to section 3319.39 of the Revised Code, it	1799
may accept a certified copy of records that were issued by the	1800
bureau of criminal identification and investigation and that are	1801
presented by an individual applying for employment with the	1802
district in lieu of requesting that information itself. In such a	1803
case, the board shall accept the certified copy issued by the	1804
bureau in order to make a photocopy of it for that individual's	1805
employment application documents and shall return the certified	1806
copy to the individual. In a case of that nature, a district only	1807
shall accept a certified copy of records of that nature within one	1808
year after the date of their issuance by the bureau.	1809

(3) The state board of education may request, with respect to	1810
any individual who has applied for employment after October 2,	1811
1989, in any position with the state board or the department of	1812
education, any information that a school district board of	1813
education is authorized to request under division (F)(2) of this	1814
section, and the superintendent of the bureau shall proceed as if	1815
the request has been received from a school district board of	1816
education under division (F)(2) of this section.	1817

(4) When the superintendent of the bureau receives a request	1818
for information that is authorized under section 3319.291 of the	1819
Revised Code, the superintendent shall proceed as if the request	1820
has been received from a school district board of education under	1821
division (F)(2) of this section.	1822

(5) When a recipient of an OhioReads classroom or community	1823
reading grant paid under section 3301.86 or 3301.87 of the Revised	1824
Code or an entity approved by the OhioReads council requests, with	1825
respect to any individual who applies to participate in providing	1826
any program or service through an entity approved by the OhioReads	1827
council or funded in whole or in part by the grant, the	1828
information that a school district board of education is	1829
authorized to request under division (F)(2)(a) of this section,	1830
the superintendent of the bureau shall proceed as if the request	1831
has been received from a school district board of education under	1832
division (F)(2)(a) of this section.	1833

(G) In addition to or in conjunction with any request that is	1834
required to be made under section 173.41, 3701.881, 3712.09,	1835
3721.121, or 3722.151 of the Revised Code with respect to an	1836
individual who has applied for employment in a position that	1837
involves providing direct care to an older adult, the chief	1838
administrator of a PASSPORT agency that provides services through	1839
the PASSPORT program created under section 173.40 of the Revised	1840
Code, home health agency, hospice care program, home licensed	1841
under Chapter 3721. of the Revised Code, adult day-care program	1842
operated pursuant to rules adopted under section 3721.04 of the	1843
Revised Code, or adult care facility may request that the	1844
superintendent of the bureau investigate and determine, with	1845
respect to any individual who has applied after January 27, 1997,	1846
for employment in a position that does not involve providing	1847
direct care to an older adult, whether the bureau has any	1848
information gathered under division (A) of this section that	1849
pertains to that individual. On receipt of the request, the	1850
superintendent shall determine whether that information exists	1851
and, on request of the administrator requesting information, shall	1852
also request from the federal bureau of investigation any criminal	1853
records it has pertaining to that individual. Within thirty days	1854
of the date a request is received, the superintendent shall send	1855
to the administrator a report of any information determined to	1856
exist, including information contained in records that have been	1857
sealed under section 2953.32 of the Revised Code, and, within	1858
thirty days of its receipt, shall send the administrator a report	1859
of any information received from the federal bureau of	1860
investigation, other than information the dissemination of which	1861
is prohibited by federal law.	1862

(H) Information obtained by a board, administrator, or other	1863
person under this section is confidential and shall not be	1864
released or disseminated.	1865

(I) The superintendent may charge a reasonable fee for	1866
providing information or criminal records under division (F)(2) or	1867
(G) of this section.	1868

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	1869
section 2151.86, 3301.32, 3301.541, 3319.39, 5104.012, 5104.013,	1870
or 5153.111 of the Revised Code, a completed form prescribed	1871
pursuant to division (C)(1) of this section, and a set of	1872
fingerprint impressions obtained in the manner described in	1873
division (C)(2) of this section, the superintendent of the bureau	1874
of criminal identification and investigation shall conduct a	1875
criminal records check in the manner described in division (B) of	1876
this section to determine whether any information exists that	1877
indicates that the person who is the subject of the request	1878
previously has been convicted of or pleaded guilty to any of the	1879
following:	1880

(a) A violation of section 2903.01, 2903.02, 2903.03,	1881
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1882
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	1883
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	1884
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	1885
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	1886
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	1887
2925.06, or 3716.11 of the Revised Code, felonious sexual	1888
penetration in violation of former section 2907.12 of the Revised	1889
Code, a violation of section 2905.04 of the Revised Code as it	1890
existed prior to July 1, 1996, a violation of section 2919.23 of	1891
the Revised Code that would have been a violation of section	1892
2905.04 of the Revised Code as it existed prior to July 1, 1996,	1893
had the violation been committed prior to that date, or a	1894
violation of section 2925.11 of the Revised Code that is not a	1895
minor drug possession offense;	1896

(b) A violation of an existing or former law of this state,	1897
any other state, or the United States that is substantially	1898
equivalent to any of the offenses listed in division (A)(1)(a) of	1899
this section.	1900

(2) On receipt of a request pursuant to section 5123.081 of	1901
the Revised Code with respect to an applicant for employment in	1902
any position with the department of mental retardation and	1903
developmental disabilities, pursuant to section 5126.28 of the	1904
Revised Code with respect to an applicant for employment in any	1905
position with a county board of mental retardation and	1906
developmental disabilities, or pursuant to section 5126.281 of the	1907
Revised Code with respect to an applicant for employment in a	1908
direct services position with an entity contracting with a county	1909
board for employment, a completed form prescribed pursuant to	1910
division (C)(1) of this section, and a set of fingerprint	1911
impressions obtained in the manner described in division (C)(2) of	1912
this section, the superintendent of the bureau of criminal	1913
identification and investigation shall conduct a criminal records	1914
check. The superintendent shall conduct the criminal records check	1915
in the manner described in division (B) of this section to	1916
determine whether any information exists that indicates that the	1917
person who is the subject of the request has been convicted of or	1918
pleaded guilty to any of the following:	1919

(a) A violation of section 2903.01, 2903.02, 2903.03,	1920
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1921
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	1922
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	1923
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	1924
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	1925
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, or	1926
3716.11 of the Revised Code;	1927

(b) An existing or former municipal ordinance or law of this	1928
state, any other state, or the United States that is substantially	1929
equivalent to any of the offenses listed in division (A)(2)(a) of	1930
this section.	1931

(3) On receipt of a request pursuant to section 173.41,	1932
3712.09, 3721.121, or 3722.151 of the Revised Code, a completed	1933
form prescribed pursuant to division (C)(1) of this section, and a	1934
set of fingerprint impressions obtained in the manner described in	1935
division (C)(2) of this section, the superintendent of the bureau	1936
of criminal identification and investigation shall conduct a	1937
criminal records check with respect to any person who has applied	1938
for employment in a position that involves providing direct care	1939
to an older adult. The superintendent shall conduct the criminal	1940
records check in the manner described in division (B) of this	1941
section to determine whether any information exists that indicates	1942
that the person who is the subject of the request previously has	1943
been convicted of or pleaded guilty to any of the following:	1944

(a) A violation of section 2903.01, 2903.02, 2903.03,	1945
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1946
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	1947
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	1948
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	1949
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	1950
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	1951
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	1952
2925.22, 2925.23, or 3716.11 of the Revised Code;	1953

(b) An existing or former law of this state, any other state,	1954
or the United States that is substantially equivalent to any of	1955
the offenses listed in division (A)(3)(a) of this section.	1956

(4) On receipt of a request pursuant to section 3701.881 of	1957
the Revised Code with respect to an applicant for employment with	1958
a home health agency as a person responsible for the care,	1959
custody, or control of a child, a completed form prescribed	1960
pursuant to division (C)(1) of this section, and a set of	1961
fingerprint impressions obtained in the manner described in	1962
division (C)(2) of this section, the superintendent of the bureau	1963
of criminal identification and investigation shall conduct a	1964
criminal records check. The superintendent shall conduct the	1965
criminal records check in the manner described in division (B) of	1966
this section to determine whether any information exists that	1967
indicates that the person who is the subject of the request	1968
previously has been convicted of or pleaded guilty to any of the	1969
following:	1970

(a) A violation of section 2903.01, 2903.02, 2903.03,	1971
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1972
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	1973
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	1974
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	1975
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	1976
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	1977
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	1978
violation of section 2925.11 of the Revised Code that is not a	1979
minor drug possession offense;	1980

(b) An existing or former law of this state, any other state,	1981
or the United States that is substantially equivalent to any of	1982
the offenses listed in division (A)(4)(a) of this section.	1983

(5) On receipt of a request pursuant to section 5111.95 or	1984
5111.96 of the Revised Code with respect to an applicant for	1985
employment with a waiver agency participating in a department of	1986
job and family services administered home and community-based	1987
waiver program or an independent provider participating in a	1988
department administered home and community-based waiver program in	1989
a position that involves providing home and community-based waiver	1990
services to consumers with disabilities, a completed form	1991
prescribed pursuant to division (C)(1) of this section, and a set	1992
of fingerprint impressions obtained in the manner described in	1993
division (C)(2) of this section, the superintendent of the bureau	1994
of criminal identification and investigation shall conduct a	1995
criminal records check. The superintendent shall conduct the	1996
criminal records check in the manner described in division (B) of	1997
this section to determine whether any information exists that	1998
indicates that the person who is the subject of the request	1999
previously has been convicted of or pleaded guilty to any of the	2000
following:	2001

(a) A violation of section 2903.01, 2903.02, 2903.03,	2002
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	2003
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	2004
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	2005
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	2006
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13,	2007
2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40,	2008
2913.43, 2913.47, 2913.51, 2919.12, 2919.24, 2919.25, 2921.36,	2009
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	2010
2925.06, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the	2011
Revised Code, felonious sexual penetration in violation of former	2012
section 2907.12 of the Revised Code, a violation of section	2013
2905.04 of the Revised Code as it existed prior to July 1, 1996, a	2014
violation of section 2919.23 of the Revised Code that would have	2015
been a violation of section 2905.04 of the Revised Code as it	2016
existed prior to July 1, 1996, had the violation been committed	2017
prior to that date;	2018

(b) An existing or former law of this state, any other state,	2019
or the United States that is substantially equivalent to any of	2020
the offenses listed in division (A)(5)(a) of this section.	2021

(6) On receipt of a request pursuant to section 3701.881 of	2022
the Revised Code with respect to an applicant for employment with	2023
a home health agency in a position that involves providing direct	2024
care to an older adult, a completed form prescribed pursuant to	2025
division (C)(1) of this section, and a set of fingerprint	2026
impressions obtained in the manner described in division (C)(2) of	2027
this section, the superintendent of the bureau of criminal	2028
identification and investigation shall conduct a criminal records	2029
check. The superintendent shall conduct the criminal records check	2030
in the manner described in division (B) of this section to	2031
determine whether any information exists that indicates that the	2032
person who is the subject of the request previously has been	2033
convicted of or pleaded guilty to any of the following:	2034

(a) A violation of section 2903.01, 2903.02, 2903.03,	2035
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	2036
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	2037
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	2038
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	2039
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	2040
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	2041
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	2042
2925.22, 2925.23, or 3716.11 of the Revised Code;	2043

(b) An existing or former law of this state, any other state,	2044
or the United States that is substantially equivalent to any of	2045
the offenses listed in division (A)~~(5)~~(6)(a) of this section.	2046

~~(6)~~(7) When conducting a criminal records check upon a	2047
request pursuant to section 3319.39 of the Revised Code for an	2048
applicant who is a teacher, in addition to the determination made	2049
under division (A)(1) of this section, the superintendent shall	2050
determine whether any information exists that indicates that the	2051
person who is the subject of the request previously has been	2052
convicted of or pleaded guilty to any offense specified in section	2053
3319.31 of the Revised Code.	2054

~~(7)~~(8) When conducting a criminal records check on a request	2055
pursuant to section 2151.86 of the Revised Code for a person who	2056
is a prospective foster caregiver or who is eighteen years old or	2057
older and resides in the home of a prospective foster caregiver,	2058
the superintendent, in addition to the determination made under	2059
division (A)(1) of this section, shall determine whether any	2060
information exists that indicates that the person has been	2061
convicted of or pleaded guilty to a violation of:	2062

(a) Section 2909.02 or 2909.03 of the Revised Code;

2063

(b) An existing or former law of this state, any other state,	2064
or the United States that is substantially equivalent to section	2065
2909.02 or 2909.03 of the Revised Code.	2066

~~(8)~~(9) Not later than thirty days after the date the	2067
superintendent receives the request, completed form, and	2068
fingerprint impressions, the superintendent shall send the person,	2069
board, or entity that made the request any information, other than	2070
information the dissemination of which is prohibited by federal	2071
law, the superintendent determines exists with respect to the	2072
person who is the subject of the request that indicates that the	2073
person previously has been convicted of or pleaded guilty to any	2074
offense listed or described in division (A)(1), (2), (3), (4),	2075
(5), (6), or (7), or (8) of this section, as appropriate. The	2076
superintendent shall send the person, board, or entity that made	2077
the request a copy of the list of offenses specified in division	2078
(A)(1), (2), (3), (4), (5), (6), or (7), or (8) of this section,	2079
as appropriate. If the request was made under section 3701.881 of	2080
the Revised Code with regard to an applicant who may be both	2081
responsible for the care, custody, or control of a child and	2082
involved in providing direct care to an older adult, the	2083
superintendent shall provide a list of the offenses specified in	2084
divisions (A)(4) and ~~(5)~~(6) of this section.	2085

(B) The superintendent shall conduct any criminal records	2086
check requested under section 173.41, 2151.86, 3301.32, 3301.541,	2087
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012,	2088
5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or	2089
5153.111 of the Revised Code as follows:	2090

(1) The superintendent shall review or cause to be reviewed	2091
any relevant information gathered and compiled by the bureau under	2092
division (A) of section 109.57 of the Revised Code that relates to	2093
the person who is the subject of the request, including any	2094
relevant information contained in records that have been sealed	2095
under section 2953.32 of the Revised Code;	2096

(2) If the request received by the superintendent asks for	2097
information from the federal bureau of investigation, the	2098
superintendent shall request from the federal bureau of	2099
investigation any information it has with respect to the person	2100
who is the subject of the request and shall review or cause to be	2101
reviewed any information the superintendent receives from that	2102
bureau.	2103

(C)(1) The superintendent shall prescribe a form to obtain	2104
the information necessary to conduct a criminal records check from	2105
any person for whom a criminal records check is required by	2106
section 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	2107
3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5111.95, 5111.96,	2108
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The	2109
form that the superintendent prescribes pursuant to this division	2110
may be in a tangible format, in an electronic format, or in both	2111
tangible and electronic formats.	2112

(2) The superintendent shall prescribe standard impression	2113
sheets to obtain the fingerprint impressions of any person for	2114
whom a criminal records check is required by section 173.41,	2115
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	2116
3722.151, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28,	2117
5126.281, or 5153.111 of the Revised Code. Any person for whom a	2118
records check is required by any of those sections shall obtain	2119
the fingerprint impressions at a county sheriff's office,	2120
municipal police department, or any other entity with the ability	2121
to make fingerprint impressions on the standard impression sheets	2122
prescribed by the superintendent. The office, department, or	2123
entity may charge the person a reasonable fee for making the	2124
impressions. The standard impression sheets the superintendent	2125
prescribes pursuant to this division may be in a tangible format,	2126
in an electronic format, or in both tangible and electronic	2127
formats.	2128

(3) Subject to division (D) of this section, the	2129
superintendent shall prescribe and charge a reasonable fee for	2130
providing a criminal records check requested under section 173.41,	2131
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	2132
3722.151, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28,	2133
5126.281, or 5153.111 of the Revised Code. The person making a	2134
criminal records request under section 173.41, 2151.86, 3301.32,	2135
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151,	2136
5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281,	2137
or 5153.111 of the Revised Code shall pay the fee prescribed	2138
pursuant to this division. A person making a request under section	2139
3701.881 of the Revised Code for a criminal records check for an	2140
applicant who may be both responsible for the care, custody, or	2141
control of a child and involved in providing direct care to an	2142
older adult shall pay one fee for the request.	2143

(4) The superintendent of the bureau of criminal	2144
identification and investigation may prescribe methods of	2145
forwarding fingerprint impressions and information necessary to	2146
conduct a criminal records check, which methods shall include, but	2147
not be limited to, an electronic method.	2148

(D) A determination whether any information exists that	2149
indicates that a person previously has been convicted of or	2150
pleaded guilty to any offense listed or described in division	2151
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	2152
(b), (A)(5)(a) or (b), (A)(6), or (A)(7)(a) or (b), or (A)(8)(a)	2153
or (b) of this section that is made by the superintendent with	2154
respect to information considered in a criminal records check in	2155
accordance with this section is valid for the person who is the	2156
subject of the criminal records check for a period of one year	2157
from the date upon which the superintendent makes the	2158
determination. During the period in which the determination in	2159
regard to a person is valid, if another request under this section	2160
is made for a criminal records check for that person, the	2161
superintendent shall provide the information that is the basis for	2162
the superintendent's initial determination at a lower fee than the	2163
fee prescribed for the initial criminal records check.	2164

(E) As used in this section:

2165

(1) "Criminal records check" means any criminal records check	2166
conducted by the superintendent of the bureau of criminal	2167
identification and investigation in accordance with division (B)	2168
of this section.	2169

(2) "Home and community-based waiver services" and "waiver	2170
agency" have the same meanings as in section 5111.95 of the	2171
Revised Code.	2172

(3) "Independent provider" has the same meaning as in section	2173
5111.96 of the Revised Code.	2174

(4) "Minor drug possession offense" has the same meaning as	2175
in section 2925.01 of the Revised Code.	2176

~~(3)~~(5) "Older adult" means a person age sixty or older.

2177

Sec. 117.101. The auditor of state ~~may establish~~shall	2178
provide, operate, and maintain a uniform and compatible	2179
computerized financial management and accounting system known as	2180
the uniform accounting network. ~~Any such~~The network shall be	2181
designed to provide public offices, other than state agencies and	2182
the Ohio education computer network and public school districts,	2183
with efficient and economical access to data processing and	2184
management information facilities and expertise. In accordance	2185
with this objective, activities of the network shall include, but	2186
not be limited to, provision, maintenance, and operation of the	2187
following facilities and services:	2188

(A) A cooperative program of technical assistance for public	2189
offices, other than state agencies and the Ohio education computer	2190
network and public school districts, including, but not limited	2191
to, an adequate computer software system and a data base;	2192

(B) An information processing service center providing	2193
approved computerized financial accounting and reporting services	2194
to participating public offices.	2195

The auditor of state and any public office, other than a	2196
state agency and the Ohio education computer network and public	2197
school districts, may enter into any necessary agreements, without	2198
advertisement or bidding, for the provision of necessary goods,	2199
materials, supplies, and services to such public offices by the	2200
auditor of state through the network.	2201

The auditor of state may, by rule, provide for a system of	2202
user fees to be charged participating public offices for goods,	2203
materials, supplies, and services received from the network. All	2204
such fees shall be paid into the state treasury to the credit of	2205
the uniform accounting network fund, which is hereby created. The	2206
fund shall be used by the auditor of state to pay the costs of	2207
establishing and maintaining the network. The fund shall be	2208
assessed a proportionate share of the auditor of state's	2209
administrative costs in accordance with procedures prescribed by	2210
the auditor of state and approved by the director of budget and	2211
management.	2212

Sec. 117.16. (A) The auditor of state shall do all of the	2213
following:	2214

(1) Develop a force account project assessment form that each	2215
public office that undertakes force account projects shall use to	2216
estimate or report the cost of a force account project. The form	2217
shall include costs for employee salaries and benefits, any other	2218
labor costs, materials, freight, fuel, hauling, overhead expense,	2219
workers' compensation premiums, and all other items of cost and	2220
expense, including a reasonable allowance for the use of all tools	2221
and equipment used on or in connection with such work and for the	2222
depreciation on the tools and equipment.	2223

(2) Make the form available to public offices by any	2224
cost-effective, convenient method accessible to the auditor of	2225
state and the public offices;	2226

(3) When conducting an audit under this chapter of ~~such~~ a	2227
public office ~~under this chapter~~that undertakes force account	2228
projects, examine ~~a sample of~~ the forms and records of ~~any~~a	2229
sampling of the force account ~~project that~~projects the public	2230
office completed since an audit was last conducted, to determine	2231
compliance with ~~the~~its force account limits ~~and other force~~	2232
~~account provisions established by law. If the auditor of state~~	2233
~~finds a violation of the force account limits, the auditor of~~	2234
~~state shall conduct an audit of each force account project~~	2235
~~completed since an audit was last conducted~~.	2236

(B) If the auditor of state receives a complaint from any	2237
person that a public office has violated the force account limits	2238
established for that office, the auditor of state may conduct an	2239
audit in addition to the audit provided in section 117.11 of the	2240
Revised Code if the auditor of state has reasonable cause to	2241
believe that an additional audit is in the public interest.	2242

(C)(1) If the auditor of state finds that a county, township,	2243
or municipal corporation violated the force account limits	2244
established for that political subdivision, the auditor of state,	2245
in addition to any other action authorized by this chapter, shall	2246
notify the political subdivision that, for a period of one year	2247
from the date of the notification, the force account limits for	2248
the subdivision are reduced as follows:	2249

(a) For a county, the limits shall be ten thousand dollars	2250
per mile for construction or reconstruction of a road and forty	2251
thousand dollars for construction, reconstruction, maintenance, or	2252
repair of a bridge or culvert;	2253

(b) For a township, the limit shall be fifteen thousand	2254
dollars for maintenance and repair of a road or five thousand per	2255
mile for construction or reconstruction of a township road;	2256

(c) For a municipal corporation, the limit shall be ten	2257
thousand dollars for the construction, reconstruction, widening,	2258
resurfacing, or repair of a street or other public way.	2259

(2) If the auditor of state finds that a county, township, or	2260
municipal corporation violated the force account limits	2261
established for that political subdivision a second or subsequent	2262
time, the auditor of state, in addition to any other action	2263
authorized by this chapter, shall notify the political subdivision	2264
that, for a period of two years from the date of the notification,	2265
the force account limits for the subdivision are reduced in	2266
accordance with division (C)(1)(a), (b), or (c) of this section.	2267

(3) If the auditor of state finds that a county, township, or	2268
municipal corporation violated the force account limits	2269
established for that political subdivision a third or subsequent	2270
time, the ~~subdivision shall pay the~~ auditor of state shall certify	2271
to the tax commissioner an amount the auditor of state determines	2272
to be twenty per cent of the total cost of the force account	2273
project that is the basis of the violation. ~~The~~Upon receipt of	2274
this certification, the tax commissioner shall withhold the	2275
certified amount from any funds under the tax commissioner's	2276
control that are due or payable to that political subdivision. The	2277
tax commissioner shall promptly deposit this withheld amount to	2278
the credit of the local transportation improvement program fund	2279
created by section 164.14 of the Revised Code.	2280

If the tax commissioner determines that no funds are due and	2281
payable to the violating political subdivision or that	2282
insufficient amounts of such funds are available to cover the	2283
entire certified amount, the tax commissioner shall withhold and	2284
deposit to the credit of the local transportation improvement	2285
program fund any amount available and certify the remaining amount	2286
to be withheld to the county auditor of the county in which the	2287
political subdivision is located. The county auditor shall	2288
withhold from that political subdivision any amount, up to that	2289
certified by the tax commissioner, that is available from any	2290
funds under the county auditor's control, that is due or payable	2291
to that political subdivision, and that can be lawfully withheld.	2292
The county auditor shall promptly pay that withheld amount to the	2293
tax commissioner for deposit into the local transportation	2294
improvement program fund.	2295

The payments required under division (C)(3) of this section	2296
are in addition to the force account limit reductions ~~under~~	2297
described in division (C)(2) of this section and also are in	2298
addition to any other action authorized by this chapter. ~~The~~	2299
~~auditor of state shall certify any money due under division (C)(3)~~	2300
~~of this section for collection in accordance with division (D) of~~	2301
~~section 117.13 of the Revised Code.~~	2302

(D) If the auditor of state finds that a county, township, or	2303
municipal corporation violated its force account ~~limit~~limits when	2304
participating in a joint force account project, the auditor of	2305
state shall impose the reduction in force account limits under	2306
division (C) of this section on all entities participating in the	2307
joint project.	2308

(E) As used in this section, "force account limits" means any	2309
of the following, as applicable:	2310

(1) For a county, the amounts established in section 5543.19	2311
of the Revised Code;	2312

(2) For a township, the amounts established in section	2313
5575.01 of the Revised Code;	2314

(3) For a municipal corporation, the amount established in	2315
section 723.52 of the Revised Code;	2316

(4) For the department of transportation, the amount	2317
established in section 5517.02 of the Revised Code.	2318

Sec. 117.44. To enhance local officials' background and	2319
working knowledge of government accounting, budgeting and	2320
financing, financial report preparation, and the rules adopted by	2321
the auditor of state, the auditor of state shall hold training	2322
programs for persons elected for the first time as township	2323
clerks, city auditors, and village clerks, between the first day	2324
of December and the ~~fifteenth~~first day of ~~February~~April	2325
immediately following a general election for any of these offices.	2326
Similar training may also be provided to any township clerk, city	2327
auditor, or village clerk who is appointed to fill a vacancy or	2328
who is elected in a special election.	2329

The auditor of state also shall develop and provide an annual	2330
training program of continuing education for village clerks.	2331

The auditor of state shall determine the manner, content, and	2332
length of the training programs after consultation with	2333
appropriate statewide organizations of local governmental	2334
officials. The auditor of state shall charge the political	2335
subdivisions that the trainees represent a registration fee that	2336
will meet actual and necessary expenses of the training, including	2337
instructor fees, site acquisition costs, and the cost of course	2338
materials. The necessary personal expenses incurred by the	2339
officials as a result of attending the training program shall be	2340
borne by the political subdivisions they represent.	2341

The auditor of state shall allow any other interested person	2342
to attend any of the training programs that the auditor of state	2343
holds pursuant to this section; provided, that before attending	2344
any such training program, the interested person shall pay to the	2345
auditor of state the full registration fee that the auditor of	2346
state has set for the training program.	2347

The auditor of state may provide any other appropriate	2348
training or educational programs that may be developed and offered	2349
by the auditor of state or in collaboration with one or more other	2350
state agencies, political subdivisions, or other public or private	2351
entities.	2352

There is hereby established in the state treasury the auditor	2353
of state training program fund, to be used by the auditor of state	2354
for the actual and necessary expenses of any training programs	2355
held pursuant to this section, section 117.441, or section 321.46	2356
of the Revised Code. All registration fees collected under this	2357
section shall be paid into the fund.	2358

Sec. 117.45. (A) The auditor of state shall draw warrants	2359
against the treasurer of state pursuant to all requests for	2360
payment that the director of budget and management has approved	2361
under section 126.07 of the Revised Code.	2362

(B) Unless the director of job and family services has	2363
provided for the making of payments by electronic benefit	2364
transfer, if a financial institution and account have been	2365
designated by the participant or recipient, payment by the auditor	2366
of state to a participant in the Ohio works first program pursuant	2367
to Chapter 5107. of the Revised Code or a recipient of disability	2368
financial assistance pursuant to Chapter 5115. of the Revised Code	2369
shall be made by direct deposit to the account of the participant	2370
or recipient in the financial institution. Payment by the auditor	2371
of state to a recipient of benefits distributed through the medium	2372
of electronic benefit transfer pursuant to section 5101.33 of the	2373
Revised Code shall be by electronic benefit transfer. Payment by	2374
the auditor of state as compensation to an employee of the state	2375
who has, pursuant to section 124.151 of the Revised Code,	2376
designated a financial institution and account for the direct	2377
deposit of such payments shall be made by direct deposit to the	2378
account of the employee. Payment to any other payee who has	2379
designated a financial institution and account for the direct	2380
deposit of such payment may be made by direct deposit to the	2381
account of the payee in the financial institution as provided in	2382
section 9.37 of the Revised Code. The auditor of state shall	2383
contract with an authorized financial institution for the services	2384
necessary to make direct deposits or electronic benefit transfers	2385
under this division and draw lump sum warrants payable to that	2386
institution in the amount to be transferred. Accounts maintained	2387
by the auditor of state or the auditor of state's agent in a	2388
financial institution for the purpose of effectuating payment by	2389
direct deposit or electronic benefit transfer shall be maintained	2390
in accordance with section 135.18 of the Revised Code.	2391

(C) All other payments from the state treasury shall be made	2392
by paper warrants or by direct deposit payable to the respective	2393
payees. The auditor of state may mail the paper warrants to the	2394
respective payees or distribute them through other state agencies,	2395
whichever the auditor of state determines to be the better	2396
procedure.	2397

(D) If the average per transaction cost the auditor of state	2398
incurs in making direct deposits for a state agency exceeds the	2399
average per transaction cost the auditor of state incurs in	2400
drawing paper warrants for all public offices during the same	2401
period of time, the auditor of state may certify the difference in	2402
cost and the number of direct deposits for the agency to the	2403
director of administrative services. The director shall reimburse	2404
the auditor of state for such additional costs and add the amount	2405
to the processing charge assessed upon the state agency.	2406

Sec. 121.04. Offices are created within the several	2407
departments as follows:	2408

In the department of commerce:

2409

		Commissioner of securities;		2410
		Superintendent of real estate and professional licensing;		2411
		Superintendent of financial institutions;		2412
		Fire marshal;		2413
		Superintendent of labor and worker safety;		2414
		Beginning on July 1, 1997,		2415
		Superintendent of liquor control;		2416
		Superintendent of industrial compliance.		2417

In the department of administrative services:

2418

		State architect and engineer;		2419
		Equal employment opportunity coordinator.		2420

In the department of agriculture:

2421

Chiefs of divisions as follows:

2422

		Administration;		2423
		Animal industry;		2424
		Dairy;		2425
		Food safety;		2426
		Plant industry;		2427
		Markets;		2428
		Meat inspection;		2429
		Consumer analytical laboratory;		2430
		Amusement ride safety;		2431
		Enforcement;		2432
		Weights and measures.		2433

In the department of natural resources:

2434

Chiefs of divisions as follows:

2435

		Water;		2436
		Mineral resources management;		2437
		Forestry;		2438
		Natural areas and preserves;		2439
		Wildlife;		2440
		Geological survey;		2441
		Parks and recreation;		2442
		Watercraft;		2443
		Recycling and litter prevention;		2444
		~~Civilian conservation;~~		2445
		Soil and water conservation;		2446
		Real estate and land management;		2447
		Engineering.		2448

In the department of insurance:

2449

		Deputy superintendent of insurance;		2450
		Assistant superintendent of insurance, technical;		2451
		Assistant superintendent of insurance, administrative;		2452
		Assistant superintendent of insurance, research.		2453

Sec. 121.08. (A) There is hereby created in the department	2454
of commerce the position of deputy director of administration.	2455
This officer shall be appointed by the director of commerce, serve	2456
under the director's direction, supervision, and control, perform	2457
such duties as the director prescribes, and hold office during the	2458
director's pleasure. The director of commerce may designate an	2459
assistant director of commerce to serve as the deputy director of	2460
administration. The deputy director of administration shall	2461
perform such duties as are prescribed by the director of commerce	2462
in supervising the activities of the division of administration of	2463
the department of commerce.	2464

(B) Except as provided in section 121.07 of the Revised Code,	2465
the department of commerce shall have all powers and perform all	2466
duties vested in the deputy director of administration, the state	2467
fire marshal, the superintendent of financial institutions, the	2468
superintendent of real estate and professional licensing, the	2469
superintendent of liquor control, the superintendent of the	2470
division of industrial compliance, the superintendent of labor and	2471
worker safety, and the commissioner of securities, and shall have	2472
all powers and perform all duties vested by law in all officers,	2473
deputies, and employees of such offices. Except as provided in	2474
section 121.07 of the Revised Code, wherever powers are conferred	2475
or duties imposed upon any of such officers, such powers and	2476
duties shall be construed as vested in the department of commerce.	2477

(C)(1) There is hereby created in the department of commerce	2478
a division of financial institutions, which shall have all powers	2479
and perform all duties vested by law in the superintendent of	2480
financial institutions. Wherever powers are conferred or duties	2481
imposed upon the superintendent of financial institutions, such	2482
powers and duties shall be construed as vested in the division of	2483
financial institutions. The division of financial institutions	2484
shall be administered by a superintendent of financial	2485
institutions.	2486

(2) All provisions of law governing the superintendent of	2487
financial institutions shall apply to and govern the	2488
superintendent of financial institutions provided for in this	2489
section; all authority vested by law in the superintendent of	2490
financial institutions with respect to the management of the	2491
division of financial institutions shall be construed as vested in	2492
the superintendent of financial institutions created by this	2493
section with respect to the division of financial institutions	2494
provided for in this section; and all rights, privileges, and	2495
emoluments conferred by law upon the superintendent of financial	2496
institutions shall be construed as conferred upon the	2497
superintendent of financial institutions as head of the division	2498
of financial institutions. The director of commerce shall not	2499
transfer from the division of financial institutions any of the	2500
functions specified in division (C)(2) of this section.	2501

(D) Beginning on July 1, 1997, there is hereby created in the	2502
department of commerce a division of liquor control, which shall	2503
have all powers and perform all duties vested by law in the	2504
superintendent of liquor control. Wherever powers are conferred or	2505
duties are imposed upon the superintendent of liquor control,	2506
those powers and duties shall be construed as vested in the	2507
division of liquor control. The division of liquor control shall	2508
be administered by a superintendent of liquor control.	2509

(E) The director of commerce shall not be interested,	2510
directly or indirectly, in any firm or corporation which is a	2511
dealer in securities as defined in sections 1707.01 and 1707.14 of	2512
the Revised Code, or in any firm or corporation licensed under	2513
sections 1321.01 to 1321.19 of the Revised Code.	2514

(F) The director of commerce shall not have any official	2515
connection with a savings and loan association, a savings bank, a	2516
bank, a bank holding company, a savings and loan association	2517
holding company, a consumer finance company, or a credit union	2518
that is under the supervision of the division of financial	2519
institutions, or a subsidiary of any of the preceding entities, or	2520
be interested in the business thereof.	2521

(G) There is hereby created in the state treasury the	2522
division of administration fund. The fund shall receive	2523
assessments on the operating funds of the department of commerce	2524
in accordance with procedures prescribed by the director of	2525
commerce and approved by the director of budget and management.	2526
All operating expenses of the division of administration shall be	2527
paid from the division of administration fund.	2528

(H) There is hereby created in the department of commerce a	2529
division of real estate and professional licensing, which shall be	2530
under the control and supervision of the director of commerce. The	2531
division of real estate and professional licensing shall be	2532
administered by a superintendent of real estate and professional	2533
licensing. The superintendent of real estate and professional	2534
licensing shall exercise the powers and perform the functions and	2535
duties delegated to the superintendent under Chapters ~~4707.,~~	2536
4735., 4749., 4763., and 4767. of the Revised Code.	2537

(I) There is hereby created in the department of commerce a	2538
division of labor and worker safety, which shall have all powers	2539
and perform all duties vested by law in the superintendent of	2540
labor and worker safety. Wherever powers are conferred or duties	2541
imposed upon the superintendent of labor and worker safety, such	2542
powers and duties shall be construed as vested in the division of	2543
labor and worker safety. The division of labor and worker safety	2544
is under the control and supervision of the director of commerce,	2545
and administered by a superintendent of labor and worker safety.	2546
The superintendent of labor and worker safety shall exercise the	2547
powers and perform the duties delegated to the superintendent by	2548
the director under Chapters ~~4709.~~4109., ~~4711.~~4111., ~~4715.~~4115.,	2549
and ~~4767.~~4167. of the Revised Code.	2550

Sec. 121.084. (A) All moneys collected under sections	2551
~~1333.96,~~ 3783.05, 3791.07, 4104.07, 4104.18, ~~4104.42,~~ 4104.44,	2552
~~4104.45,~~ 4105.17, 4105.20, 4169.03, 4171.04, and 5104.051 of the	2553
Revised Code, and any other moneys collected by the division of	2554
industrial compliance shall be paid into the state treasury to the	2555
credit of the industrial compliance operating fund, which is	2556
hereby created. The department of commerce shall use the moneys in	2557
the fund for paying the operating expenses of the division and the	2558
administrative assessment described in division (B) of this	2559
section.	2560

(B) The director of commerce, with the approval of the	2561
director of budget and management, shall prescribe procedures for	2562
assessing the industrial compliance operating fund a proportionate	2563
share of the administrative costs of the department of commerce.	2564
The assessment shall be made in accordance with those procedures	2565
and be paid from the industrial compliance operating fund to the	2566
division of administration fund created in section 121.08 of the	2567
Revised Code.	2568

Sec. 121.36. (A) As used in this section, "home care	2569
dependent adult" means an individual who resides in a private home	2570
or other noninstitutional and unlicensed living arrangement,	2571
without the presence of a parent or guardian, but has health and	2572
safety needs that require the provision of regularly scheduled	2573
home care services to remain in the home or other living	2574
arrangement because one of the following is the case:	2575

(1) The individual is at least twenty-one years of age but	2576
less than sixty years of age and has a physical disability or	2577
mental impairment.	2578

(2) The individual is sixty years of age or older, regardless	2579
of whether the individual has a physical disability or mental	2580
impairment.	2581

(B) Except as provided in division (D) of this section, the	2582
departments of mental retardation and developmental disabilities,	2583
aging, job and family services, and health shall each implement	2584
this section with respect to all contracts entered into by the	2585
department for the provision of home care services to home care	2586
dependent adults that are paid for in whole or in part with	2587
federal, state, or local funds. Except as provided in division (D)	2588
of this section, each department shall also require all public and	2589
private entities that receive money from or through the department	2590
to comply with this section when entering into contracts for the	2591
provision of home care services to home care dependent adults that	2592
are paid for in whole or in part with federal, state, or local	2593
funds. Such entities may include county boards of mental	2594
retardation and developmental disabilities, area agencies on	2595
aging, county departments of job and family services, and boards	2596
of health of city and general health districts.	2597

(C) Beginning one year after the effective date of this	2598
section, each contract subject to this section shall include terms	2599
requiring that the provider of home care services to home care	2600
dependent adults have a system in place that effectively monitors	2601
the delivery of the services by its employees. To be considered an	2602
effective monitoring system for purposes of the contract, the	2603
system established by a provider must include at least the	2604
following components:	2605

(1) When providing home care services to home care dependent	2606
adults who have a mental impairment or life-threatening health	2607
condition, a mechanism to verify whether the provider's employees	2608
are present at the location where the services are to be provided	2609
and at the time the services are to be provided;	2610

(2) When providing home care services to all other home care	2611
dependent adults, a system to verify at the end of each working	2612
day whether the provider's employees have provided the services at	2613
the proper location and time;	2614

(3) A protocol to be followed in scheduling a substitute	2615
employee when the monitoring system identifies that an employee	2616
has failed to provide home care services at the proper location	2617
and time, including standards for determining the length of time	2618
that may elapse without jeopardizing the health and safety of the	2619
home care dependent adult;	2620

(4) Procedures for maintaining records of the information	2621
obtained through the monitoring system;	2622

(5) Procedures for compiling annual reports of the	2623
information obtained through the monitoring system, including	2624
statistics on the rate at which home care services were provided	2625
at the proper location and time;	2626

(6) Procedures for conducting random checks of the accuracy	2627
of the monitoring system. For purposes of conducting these checks,	2628
a random check is considered to be a check of not more than five	2629
per cent of the home care visits the provider's employees make to	2630
different home care dependent adults within a particular work	2631
shift.	2632

(D) In implementing this section, the departments shall	2633
exempt providers of home care services who are self-employed	2634
providers with no other employees or are otherwise considered by	2635
the departments not to be agency providers. The departments shall	2636
conduct a study on how the exempted providers may be made subject	2637
to the requirement of effectively monitoring whether home care	2638
services are being provided and have been provided at the proper	2639
location and time. Not later than two years after the effective	2640
date of this section, the departments shall prepare a report of	2641
their findings and recommendations. The report shall be submitted	2642
to the president of the senate and the speaker of the house of	2643
representatives.	2644

(E) The departments of mental retardation and developmental	2645
disabilities, aging, job and family services, and health shall	2646
each adopt rules as necessary to implement this section. The rules	2647
shall be adopted in accordance with Chapter 119. of the Revised	2648
Code.	2649

Sec. 121.41. As used in sections 121.41 to 121.50 of the	2650
Revised Code:	2651

(A) "Appropriate ethics commission" has the same meaning as	2652
in section 102.01 of the Revised Code.	2653

(B) "Appropriate licensing agency" means a public or private	2654
entity that is responsible for licensing, certifying, or	2655
registering persons who are engaged in a particular vocation.	2656

(C) "Person" has the same meaning as in section 1.59 of the	2657
Revised Code and also includes any officer or employee of the	2658
state or any political subdivision of the state.	2659

(D)(1) "State agency" has the same meaning as in section 1.60	2660
of the Revised Code ~~but~~and also includes any of the following:	2661

(a) The Ohio retirement study council;

2662

(b) The public employees retirement system, state teachers	2663
retirement system, school employees retirement system, Ohio police	2664
and fire pension fund, and state highway patrol retirement system;	2665

2666

(2) "State agency" does not include any of the following:

2667

~~(1)~~(a) The general assembly;

2668

~~(2)~~(b) Any court;

2669

~~(3)~~(c) The secretary of state, auditor of state, treasurer of	2670
state, or attorney general and their respective offices;	2671

(d) Any member of the Ohio retirement study council, of the	2672
board of trustees of the Ohio police and fire pension fund, or of	2673
the retirement board of the public employees retirement system,	2674
the state teachers retirement system, the school employees	2675
retirement system, or the state highway patrol retirement system	2676
who is under the jurisdiction of the joint legislative ethics	2677
committee or the board of commissioners on grievances and	2678
discipline of the supreme court.	2679

(E) "State employee" means any person who is an employee of a	2680
state agency or any person who does business with the state.	2681

(F) "State officer" means any person who is elected or	2682
appointed to a public office in a state agency.	2683

(G) "Wrongful act or omission" means an act or omission,	2684
committed in the course of office holding or employment, that is	2685
not in accordance with the requirements of law or ~~such~~the	2686
standards of proper governmental conduct asthat are commonly	2687
accepted in the community and thereby subverts, or tends to	2688
subvert, the process of government.	2689

Sec. 121.48. There is hereby created the office of the	2690
inspector general, to be headed by the inspector general.	2691

The governor shall appoint the inspector general, subject to	2692
section 121.49 of the Revised Code and the advice and consent of	2693
the senate. The inspector general shall hold office for a term	2694
coinciding with the term of the appointing governor. The governor	2695
may remove the inspector general from office only after delivering	2696
written notice to the inspector general of the reasons for which	2697
hethe governor intends to remove ~~him~~the inspector general from	2698
office and providing ~~him~~the inspector general with an opportunity	2699
to appear and show cause why hethe inspector general should not	2700
be removed.	2701

In addition to the duties imposed by section 121.42 of the	2702
Revised Code, the inspector general shall manage the office of the	2703
inspector general. The inspector general shall establish and	2704
maintain offices in Columbus.	2705

The inspector general may appoint one or more deputy	2706
inspectors general. Each deputy inspector general shall serve for	2707
a term coinciding with the term of the appointing inspector	2708
general, and shall perform ~~such~~the duties, including the	2709
performance of investigations, asthat are assigned by the	2710
inspector general. All deputy inspectors general are in the	2711
unclassified service and serve at the pleasure of the inspector	2712
general.	2713

In addition to deputy inspectors general, the inspector	2714
general may appoint ~~such~~ professional, technical, and clerical	2715
employees asthat are necessary for the effective and efficient	2716
operation of the office of the inspector general. All	2717
professional, technical, and clerical employees of the office of	2718
the inspector general are in the unclassified service and serve at	2719
the pleasure of the appointing inspector general.	2720

The inspector general may enter into any contracts that are	2721
necessary to the operation of the office of the inspector general.	2722
The contracts may include, but are not limited to, contracts for	2723
the services of persons who are experts in a particular field and	2724
whose expertise is necessary to the successful completion of an	2725
investigation.	2726

The inspector general may accept from private parties, state	2727
agencies, or other entities reimbursement of the costs of	2728
investigations by the inspector general that result in judicial or	2729
administrative proceedings against the parties, agencies, or	2730
entities.	2731

Not later than the first day of March in each year, the	2732
inspector general shall publish an annual report summarizing the	2733
activities of ~~his~~the inspector general's office during the	2734
previous calendar year. The annual report shall not disclose the	2735
results of any investigation insofar as the results are designated	2736
as confidential under section 121.44 of the Revised Code.	2737

The inspector general shall provide copies of ~~his~~the	2738
inspector general's annual report to the governor and the general	2739
assembly. The inspector general also shall provide a copy of ~~his~~	2740
the annual report to any other person who requests the copy and	2741
pays a fee prescribed by the inspector general. The fee shall not	2742
exceed the cost of reproducing and delivering the annual report.	2743

Sec. 121.62. (A) Each executive agency lobbyist and each	2744
employer shall file with the joint legislative ethics committee,	2745
within ten days following the engagement of an executive agency	2746
lobbyist, an initial registration statement showing all of the	2747
following:	2748

(1) The name, business address, and occupation of the	2749
executive agency lobbyist;	2750

(2) The name and business address of the employer or of the	2751
real party in interest on whose behalf the executive agency	2752
lobbyist is acting, if it is different from the employer. For the	2753
purposes of division (A) of this section, where a trade	2754
association or other charitable or fraternal organization that is	2755
exempt from federal income taxation under subsection 501(c) of the	2756
federal Internal Revenue Code is the employer, the statement need	2757
not list the names and addresses of every member of the	2758
association or organization, so long as the association or	2759
organization itself is listed.	2760

(3) A brief description of the executive agency decision to	2761
which the engagement relates;	2762

(4) The name of the executive agency or agencies to which the	2763
engagement relates.	2764

(B) In addition to the initial registration statement	2765
required by division (A) of this section, each executive agency	2766
lobbyist and employer shall file with the joint committee, not	2767
later than the last day of January, May, and September of each	2768
year, an updated registration statement that confirms the	2769
continuing existence of each engagement described in an initial	2770
registration statement and that lists the specific executive	2771
agency decisions that the lobbyist sought to influence under the	2772
engagement during the period covered by the updated statement, and	2773
with it any statement of expenditures required to be filed by	2774
section 121.63 of the Revised Code and any details of financial	2775
transactions required to be filed by section 121.64 of the Revised	2776
Code.	2777

(C) If an executive agency lobbyist is engaged by more than	2778
one employer, the lobbyist shall file a separate initial and	2779
updated registration statement for each engagement. If an employer	2780
engages more than one executive agency lobbyist, the employer need	2781
file only one updated registration statement under division (B) of	2782
this section, which shall contain the information required by	2783
division (B) of this section regarding all of the executive agency	2784
lobbyists engaged by the employer.	2785

(D)(1) A change in any information required by division	2786
(A)(1), (2), or (B) of this section shall be reflected in the next	2787
updated registration statement filed under division (B) of this	2788
section.	2789

(2) Within thirty days following the termination of an	2790
engagement, the executive agency lobbyist who was employed under	2791
the engagement shall send written notification of the termination	2792
to the joint committee.	2793

(E) A registration fee of ~~ten~~twenty-five dollars shall be	2794
charged for filing an initial registration statement. All money	2795
collected from this fee shall be deposited into the ~~state treasury~~	2796
~~to the credit of the joint legislative ethics committee fund~~	2797
~~created under section 101.34 of the Revised Code~~general revenue	2798
fund of the state.	2799

(F) Upon registration pursuant to this section, an executive	2800
agency lobbyist shall be issued a card by the joint committee	2801
showing that the lobbyist is registered. The registration card and	2802
the executive agency lobbyist's registration shall be valid from	2803
the date of their issuance until the thirty-first day of January	2804
of the year following the year in which the initial registration	2805
was filed.	2806

(G) The executive director of the joint committee shall be	2807
responsible for reviewing each registration statement filed with	2808
the joint committee under this section and for determining whether	2809
the statement contains all of the required information. If the	2810
joint committee determines that the registration statement does	2811
not contain all of the required information or that an executive	2812
agency lobbyist or employer has failed to file a registration	2813
statement, the joint committee shall send written notification by	2814
certified mail to the person who filed the registration statement	2815
regarding the deficiency in the statement or to the person who	2816
failed to file the registration statement regarding the failure.	2817
Any person so notified by the joint committee shall, not later	2818
than fifteen days after receiving the notice, file a registration	2819
statement or an amended registration statement that contains all	2820
of the required information. If any person who receives a notice	2821
under this division fails to file a registration statement or such	2822
an amended registration statement within this fifteen-day period,	2823
the joint committee shall ~~notify the attorney general, who may~~	2824
~~take appropriate action as authorized by section 121.69 of the~~	2825
~~Revised Code~~assess a late filing fee equal to twelve dollars and	2826
fifty cents per day, up to a maximum fee of one hundred dollars,	2827
upon that person. The joint committee may waive the late filing	2828
fee for good cause shown.	2829

~~If the joint committee notifies the attorney general pursuant~~	2830
~~to this division, the joint committee shall also notify each~~	2831
~~elected executive official and the director of each department~~	2832
~~created under section 121.02 of the Revised Code of the pending~~	2833
~~investigation.~~	2834

(H) On or before the fifteenth day of March of each year, the	2835
joint committee shall, in the manner and form that it determines,	2836
publish a report containing statistical information on the	2837
registration statements filed with it under this section during	2838
the preceding year.	2839

(I) If an employer who engages an executive agency lobbyist	2840
is the recipient of a contract, grant, lease, or other financial	2841
arrangement pursuant to which funds of the state or of an	2842
executive agency are distributed or allocated, the executive	2843
agency or any aggrieved party may consider the failure of the	2844
employer or the executive agency lobbyist to comply with this	2845
section as a breach of a material condition of the contract,	2846
grant, lease, or other financial arrangement.	2847

(J) Executive agency officials may require certification from	2848
any person seeking the award of a contract, grant, lease, or	2849
financial arrangement that the person and ~~his~~the person's	2850
employer are in compliance with this section.	2851

Sec. 122.011. (A) The department of development shall	2852
develop and promote plans and programs designed to assure that	2853
state resources are efficiently used, economic growth is properly	2854
balanced, community growth is developed in an orderly manner, and	2855
local governments are coordinated with each other and the state,	2856
and for such purposes may do all of the following:	2857

(1) Serve as a clearinghouse for information, data, and other	2858
materials that may be helpful or necessary to persons or local	2859
governments, as provided in section 122.07 of the Revised Code;	2860

(2) Prepare and activate plans for the retention,	2861
development, expansion, and use of the resources and commerce of	2862
the state, as provided in section 122.04 of the Revised Code;	2863

(3) Assist and cooperate with federal, state, and local	2864
governments and agencies of federal, state, and local governments	2865
in the coordination of programs to carry out the functions and	2866
duties of the department;	2867

(4) Encourage and foster research and development activities,	2868
conduct studies related to the solution of community problems, and	2869
develop recommendations for administrative or legislative actions,	2870
as provided in section 122.03 of the Revised Code;	2871

(5) Serve as the economic and community development planning	2872
agency, which shall prepare and recommend plans and programs for	2873
the orderly growth and development of this state and which shall	2874
provide planning assistance, as provided in section 122.06 of the	2875
Revised Code;	2876

(6) Cooperate with and provide technical assistance to state	2877
departments, political subdivisions, regional and local planning	2878
commissions, tourist associations, councils of government,	2879
community development groups, community action agencies, and other	2880
appropriate organizations for carrying out the functions and	2881
duties of the department or for the solution of community	2882
problems;	2883

(7) Coordinate the activities of state agencies that have an	2884
impact on carrying out the functions and duties of the department;	2885

(8) Encourage and assist the efforts of and cooperate with	2886
local governments to develop mutual and cooperative solutions to	2887
their common problems that relate to carrying out the purposes of	2888
this section;	2889

(9) Study existing structure, operations, and financing of	2890
regional or local government and those state activities that	2891
involve significant relations with regional or local governmental	2892
units, recommend to the governor and to the general assembly such	2893
changes in these provisions and activities as will improve the	2894
operations of regional or local government, and conduct other	2895
studies of legal provisions that affect problems related to	2896
carrying out the purposes of this section;	2897

(10) Appoint, with the approval of the governor, technical	2898
and other advisory councils as it considers appropriate, as	2899
provided in section 122.09 of the Revised Code;	2900

(11) Create and operate a division of community development	2901
to develop and administer programs and activities that are	2902
authorized by federal statute or the Revised Code;	2903

(12) Until ~~July 1, 2003~~October 15, 2005, establish fees and	2904
charges, in consultation with the director of agriculture, for	2905
purchasing loans from financial institutions and providing loan	2906
guarantees under the family farm loan program created under	2907
sections 901.80 to 901.83 of the Revised Code;	2908

(13) Provide loan servicing for the loans purchased and loan	2909
guarantees provided under section 901.80 of the Revised Code as	2910
that section existed prior to ~~July 1, 2003~~October 15, 2005;	2911

(14) Until ~~July 1, 2003~~October 15, 2005, and upon approval	2912
by the controlling board under division (A)(3) of section 901.82	2913
of the Revised Code of the release of money to be used for	2914
purchasing a loan or providing a loan guarantee, request the	2915
release of that money in accordance with division (B) of section	2916
166.03 of the Revised Code for use for the purposes of the fund	2917
created by section 166.031 of the Revised Code.	2918

(B) The director of development may request the attorney	2919
general to, and the attorney general, in accordance with section	2920
109.02 of the Revised Code, shall bring a civil action in any	2921
court of competent jurisdiction. The director may be sued in the	2922
director's official capacity, in connection with this chapter, in	2923
accordance with Chapter 2743. of the Revised Code.	2924

Sec. 122.04. The department of development shall do the	2925
following:	2926

(A) Maintain a continuing evaluation of the sources available	2927
for the retention, development, or expansion of industrial and	2928
commercial facilities in this state through both public and	2929
private agencies;	2930

(B) Assist public and private agencies in obtaining	2931
information necessary to evaluate the desirability of the	2932
retention, construction, or expansion of industrial and commercial	2933
facilities in the state;	2934

(C) Facilitate contracts between community improvement	2935
corporations organized under Chapter 1724. of the Revised Code or	2936
Ohio development corporations organized under Chapter 1726. of the	2937
Revised Code and industrial and commercial concerns seeking to	2938
locate or expand in ~~Ohio~~the state;	2939

(D) Upon request, consult with public agencies or authorities	2940
in the preparation of studies of human and economic needs or	2941
advantages relating to economic and community development;	2942

(E) Encourage, promote, and assist trade and commerce between	2943
this state and foreign nations;	2944

(F) Promote and encourage persons to visit and travel within	2945
this state;	2946

(G) Maintain membership in the national association of state	2947
development agencies;	2948

(H) Assist in the development of facilities and technologies	2949
that will lead to increased, environmentally sound use of Ohio	2950
coal;	2951

(I) Promote economic growth in the state.

2952

Sec. 122.041. The director of development shall do all of	2953
the following with regard to the encouraging diversity, growth,	2954
and equity program created under section 123.152 of the Revised	2955
Code:	2956

(A) Conduct outreach, marketing, and recruitment of EDGE	2957
business enterprises, as defined in that section;	2958

(B) Provide assistance to the department of administrative	2959
services, as needed, to certify new EDGE business enterprises and	2960
to train appropriate state agency staff;	2961

(C) Provide business development services to EDGE business	2962
enterprises in the developmental and transitional stages of the	2963
program, including financial and bonding assistance and management	2964
and technical assistance;	2965

(D) Develop a mentor program to bring businesses into a	2966
working relationship with EDGE business enterprises in a way that	2967
commercially benefits both entities and serves the purpose of the	2968
EDGE program;	2969

(E) Not later than December 31, 2003, prepare and submit to	2970
the governor a detailed report outlining and evaluating the	2971
progress made in implementing the encouraging diversity, growth,	2972
and equity program;	2973

(F) Establish processes by which an EDGE business enterprise	2974
may apply for contract assistance, financial and bonding	2975
assistance, management and technical assistance, and mentoring	2976
opportunities.	2977

Sec. 122.08. (A) There is hereby created within the	2978
department of development an office to be known as the office of	2979
small business. The office shall be under the supervision of a	2980
manager appointed by the director of development.	2981

(B) The office shall do all of the following:

2982

(1) Act as liaison between the small business community and	2983
state governmental agencies;	2984

(2) Furnish information and technical assistance to persons	2985
and small businesses concerning the establishment and maintenance	2986
of a small business, and concerning state laws and rules relevant	2987
to the operation of a small business. In conjunction with these	2988
duties, the office shall keep a record of all state agency rules	2989
affecting individuals, small businesses, or small organizations,	2990
as defined in section 121.24 of the Revised Code, and may testify	2991
before the joint committee on agency rule review concerning any	2992
proposed rule affecting individuals, small businesses, or small	2993
organizations.	2994

(3) Prepare and publish the small business register under	2995
section 122.081 of the Revised Code;	2996

(4) Receive complaints from small businesses concerning	2997
governmental activity, compile and analyze those complaints, and	2998
periodically make recommendations to the governor and the general	2999
assembly on changes in state laws or agency rules needed to	3000
eliminate burdensome and unproductive governmental regulation to	3001
improve the economic climate within which small businesses	3002
operate;	3003

(5) Receive complaints or questions from small businesses and	3004
direct ~~such~~those businesses to the appropriate governmental	3005
agency. If, within a reasonable period of time, a complaint is not	3006
satisfactorily resolved or a question is not satisfactorily	3007
answered, the office shall, on behalf of the small business, make	3008
every effort to secure a satisfactory result. For this purpose,	3009
the office may consult with any state governmental agency and may	3010
make any suggestion or request that seems appropriate.	3011

(6) Utilize, to the maximum extent possible, the printed and	3012
electronic media to disseminate information of current concern and	3013
interest to the small business community and to make known to	3014
small businesses the services available through the office. The	3015
office shall publish such books, pamphlets, and other printed	3016
materials, and shall participate in such trade association	3017
meetings, conventions, fairs, and other meetings involving the	3018
small business community, as the manager considers appropriate.	3019

(7) Prepare for inclusion in the department of development's	3020
annual report to the governor and general assembly, a description	3021
of the activities of the office and a report of the number of	3022
rules affecting individuals, small businesses, and small	3023
organizations that were filed with the office under division	3024
(B)(2) of section 121.24 of the Revised Code, during the preceding	3025
calendar year;	3026

(8) Operate the Ohio ~~one-stop business permit center~~	3027
first-stop business connection to assist individuals in	3028
identifying and preparing applications for business licenses,	3029
permits, and certificates and to serve as the central public	3030
distributor for all forms, applications, and other information	3031
related to business licensing. Each state agency, board, and	3032
commission shall cooperate in providing assistance, information,	3033
and materials to enable the ~~center~~connection to perform its	3034
duties under this division ~~(B)(8) of this section~~.	3035

(C) The office ~~of small business~~ may, upon the request of a	3036
state agency, assist the agency with the preparation of any rule	3037
that will affect individuals, small businesses, or small	3038
organizations.	3039

(D) The director of development shall assign ~~such~~ employees	3040
and furnish ~~such~~ equipment and supplies to the office as the	3041
director considers necessary for the proper performance of the	3042
duties assigned to the office.	3043

Sec. 122.17. (A) As used in this section:

3044

(1) "Full-time employee" means an individual who is employed	3045
for consideration for at least thirty-five hours a week, or who	3046
renders any other standard of service generally accepted by custom	3047
or specified by contract as full-time employment.	3048

(2) "New employee" means one of the following:

3049

(a) A full-time employee first employed by a taxpayer in the	3050
project that is the subject of the agreement after the taxpayer	3051
enters into a tax credit agreement with the tax credit authority	3052
under this section;	3053

(b) A full-time employee first employed by a taxpayer in the	3054
project that is the subject of the tax credit after the tax credit	3055
authority approves a project for a tax credit under this section	3056
in a public meeting, as long as the taxpayer enters into the tax	3057
credit agreement prepared by the department of development after	3058
such meeting within sixty days after receiving the agreement from	3059
the department. If the taxpayer fails to enter into the agreement	3060
within sixty days, "new employee" has the same meaning as under	3061
division (A)(2)(a) of this section.	3062

Under division (A)(2)(a) or (b) of this section, if the tax	3063
credit authority determines it appropriate, "new employee" also	3064
may include an employee re-hired or called back from lay-off to	3065
work in a new facility or on a new product or service established	3066
or produced by the taxpayer after entering into the agreement	3067
under this section or after the tax credit authority approves the	3068
tax credit in a public meeting. "New employee" does not include	3069
any employee of the taxpayer who was previously employed in this	3070
state by a related member of the taxpayer and whose employment was	3071
shifted to the taxpayer after the taxpayer entered into the tax	3072
credit agreement or after the tax credit authority approved the	3073
credit in a public meeting, or any employee of the taxpayer for	3074
which the taxpayer has been granted a certificate under division	3075
(B) of section 5709.66 of the Revised Code. "New employee" also	3076
does not include an employee of the taxpayer who is employed in an	3077
employment position that was relocated to a project from other	3078
operations of the taxpayer in this state or from operations of a	3079
related member of the taxpayer in this state. In addition, "new	3080
employee" does not include a child, grandchild, parent, or spouse,	3081
other than a spouse who is legally separated from the individual,	3082
of any individual who is an employee of the taxpayer and who has a	3083
direct or indirect ownership interest of at least five per cent in	3084
the profits, capital, or value of the taxpayer. Such ownership	3085
interest shall be determined in accordance with section 1563 of	3086
the Internal Revenue Code and regulations prescribed thereunder.	3087

(3) "New income tax revenue" means the total amount withheld	3088
under section 5747.06 of the Revised Code by the taxpayer during	3089
the taxable year from the compensation of new employees for the	3090
tax levied under Chapter 5747. of the Revised Code.	3091

(4) "Related member" has the same meaning as under division	3092
(A)(6) of section 5733.042 of the Revised Code without regard to	3093
division (B) of that section.	3094

(B) The tax credit authority may make grants under this	3095
section to foster job creation in this state. Such a grant shall	3096
take the form of a refundable credit allowed against the tax	3097
imposed by section 5733.06 or 5747.02 of the Revised Code. The	3098
credit shall be claimed for the taxable years specified in the	3099
taxpayer's agreement with the tax credit authority under division	3100
(D) of this section. The credit shall be claimed after the	3101
allowance of all other credits provided by Chapter 5733. or 5747.	3102
of the Revised Code. The amount of the credit equals the new	3103
income tax revenue for the taxable year multiplied by the	3104
percentage specified in the agreement with the tax credit	3105
authority.	3106

(C) A taxpayer or potential taxpayer who proposes a project	3107
to create new jobs in this state may apply to the tax credit	3108
authority to enter into an agreement for a tax credit under this	3109
section. The director of development shall prescribe the form of	3110
the application. After receipt of an application, the authority	3111
may enter into an agreement with the taxpayer for a credit under	3112
this section if it determines all of the following:	3113

(1) The taxpayer's project will create new jobs in this	3114
state;	3115

(2) The taxpayer's project is economically sound and will	3116
benefit the people of this state by increasing opportunities for	3117
employment and strengthening the economy of this state;	3118

(3) Receiving the tax credit is a major factor in the	3119
taxpayer's decision to go forward with the project.	3120

(D) An agreement under this section shall include all of the	3121
following:	3122

(1) A detailed description of the project that is the subject	3123
of the agreement;	3124

(2) The term of the tax credit, which shall not exceed ~~ten~~	3125
fifteen years, and the first taxable year for which the credit may	3126
be claimed;	3127

(3) A requirement that the taxpayer shall maintain operations	3128
at the project location for at least twice the number of years as	3129
the term of the tax credit;	3130

(4) The percentage, as determined by the tax credit	3131
authority, of new income tax revenue that will be allowed as the	3132
amount of the credit for each taxable year;	3133

(5) A specific method for determining how many new employees	3134
are employed during a taxable year;	3135

(6) A requirement that the taxpayer annually shall report to	3136
the director of development the number of new employees, the new	3137
income tax revenue withheld in connection with the new employees,	3138
and any other information the director needs to perform ~~his~~the	3139
director's duties under this section;	3140

(7) A requirement that the director of development annually	3141
shall verify the amounts reported under division (D)(6) of this	3142
section, and after doing so shall issue a certificate to the	3143
taxpayer stating that the amounts have been verified;	3144

(8)(a) A provision requiring that the taxpayer, except as	3145
otherwise provided in division (D)(8)(b) of this section, shall	3146
not relocate employment positions from elsewhere in this state to	3147
the project site that is the subject of the agreement for the	3148
lesser of five years from the date the agreement is entered into	3149
or the number of years the taxpayer is entitled to claim the tax	3150
credit.	3151

(b) The taxpayer may relocate employment positions from	3152
elsewhere in this state to the project site that is the subject of	3153
the agreement if the director of development determines both of	3154
the following:	3155

(i) That the site from which the employment positions would	3156
be relocated is inadequate to meet market and industry conditions,	3157
expansion plans, consolidation plans, or other business	3158
considerations affecting the taxpayer;	3159

(ii) That the legislative authority of the county, township,	3160
or municipal corporation from which the employment positions would	3161
be relocated has been notified of the relocation.	3162

For purposes of this section, the movement of an employment	3163
position from one political subdivision to another political	3164
subdivision shall be considered a relocation of an employment	3165
position, but the transfer of an individual employee from one	3166
political subdivision to another political subdivision shall not	3167
be considered a relocation of an employment position as long as	3168
the individual's employment position in the first political	3169
subdivision is refilled.	3170

(E) If a taxpayer fails to meet or comply with any condition	3171
or requirement set forth in a tax credit agreement, the tax credit	3172
authority may amend the agreement to reduce the percentage or term	3173
of the tax credit. The reduction of the percentage or term shall	3174
take effect in the taxable year immediately following the taxable	3175
year in which the authority amends the agreement. If the taxpayer	3176
relocates employment positions in violation of the provision	3177
required under division (D)(8)(a) of this section, the taxpayer	3178
shall not claim the tax credit under section 5733.0610 of the	3179
Revised Code for any tax years following the calendar year in	3180
which the relocation occurs, or shall not claim the tax credit	3181
under section 5747.058 of the Revised Code for the taxable year in	3182
which the relocation occurs and any subsequent taxable years.	3183

(F) Projects that consist solely of point-of-final-purchase	3184
retail facilities are not eligible for a tax credit under this	3185
section. If a project consists of both point-of-final-purchase	3186
retail facilities and nonretail facilities, only the portion of	3187
the project consisting of the nonretail facilities is eligible for	3188
a tax credit and only the new income tax revenue from new	3189
employees of the nonretail facilities shall be considered when	3190
computing the amount of the tax credit. If a warehouse facility is	3191
part of a point-of-final-purchase retail facility and supplies	3192
only that facility, the warehouse facility is not eligible for a	3193
tax credit. Catalog distribution centers are not considered	3194
point-of-final-purchase retail facilities for the purposes of this	3195
division, and are eligible for tax credits under this section.	3196

(G) Financial statements and other information submitted to	3197
the department of development or the tax credit authority by an	3198
applicant or recipient of a tax credit under this section, and any	3199
information taken for any purpose from such statements or	3200
information, are not public records subject to section 149.43 of	3201
the Revised Code. However, the chairperson of the authority may	3202
make use of the statements and other information for purposes of	3203
issuing public reports or in connection with court proceedings	3204
concerning tax credit agreements under this section. Upon the	3205
request of the tax commissioner, the chairperson of the authority	3206
shall provide to the commissioner any statement or information	3207
submitted by an applicant or recipient of a tax credit in	3208
connection with the credit. The commissioner shall preserve the	3209
confidentiality of the statement or information.	3210

(H) A taxpayer claiming a credit under this section shall	3211
submit to the tax commissioner a copy of the director of	3212
development's certificate of verification under division (D)(7) of	3213
this section for the taxable year. However, failure to submit a	3214
copy of the certificate does not invalidate a claim for a credit.	3215

(I) The director of development, after consultation with the	3216
tax commissioner and in accordance with Chapter 119. of the	3217
Revised Code, shall adopt rules necessary to implement this	3218
section. The rules may provide for recipients of tax credits under	3219
this section to be charged fees to cover administrative costs of	3220
the tax credit program. At the time the director gives public	3221
notice under division (A) of section 119.03 of the Revised Code of	3222
the adoption of the rules, the director shall submit copies of the	3223
proposed rules to the chairpersons of the standing committees on	3224
economic development in the senate and the house of	3225
representatives.	3226

(J) For the purposes of this section, a taxpayer may include	3227
a partnership, a corporation that has made an election under	3228
subchapter S of chapter one of subtitle A of the Internal Revenue	3229
Code, or any other business entity through which income flows as a	3230
distributive share to its owners. A credit received under this	3231
section by a partnership, S-corporation, or other such business	3232
entity shall be apportioned among the persons to whom the income	3233
or profit of the partnership, S-corporation, or other entity is	3234
distributed, in the same proportions as those in which the income	3235
or profit is distributed.	3236

(K) If the director of development determines that a taxpayer	3237
who has received a credit under this section is not complying with	3238
the requirement under division (D)(3) of this section, the	3239
director shall notify the tax credit authority of the	3240
noncompliance. After receiving such a notice, and after giving the	3241
taxpayer an opportunity to explain the noncompliance, the tax	3242
credit authority may require the taxpayer to refund to this state	3243
a portion of the credit in accordance with the following:	3244

(1) If the taxpayer maintained operations at the project	3245
location for at least one and one-half times the number of years	3246
of the term of the tax credit, an amount not exceeding twenty-five	3247
per cent of the sum of any previously allowed credits under this	3248
section;	3249

(2) If the taxpayer maintained operations at the project	3250
location for at least the number of years of the term of the tax	3251
credit, an amount not exceeding fifty per cent of the sum of any	3252
previously allowed credits under this section;	3253

(3) If the taxpayer maintained operations at the project	3254
location for less than the number of years of the term of the tax	3255
credit, an amount not exceeding one hundred per cent of the sum of	3256
any previously allowed credits under this section.	3257

In determining the portion of the tax credit to be refunded	3258
to this state, the tax credit authority shall consider the effect	3259
of market conditions on the taxpayer's project and whether the	3260
taxpayer continues to maintain other operations in this state.	3261
After making the determination, the authority shall certify the	3262
amount to be refunded to the tax commissioner. The commissioner	3263
shall make an assessment for that amount against the taxpayer	3264
under Chapter 5733. or 5747. of the Revised Code. The time	3265
limitations on assessments under Chapter 5733. or 5747. of the	3266
Revised Code do not apply to an assessment under this division,	3267
but the commissioner shall make the assessment within one year	3268
after the date the authority certifies to the commissioner the	3269
amount to be refunded.	3270

(L) On or before the thirty-first day of March each year, the	3271
director of development shall submit a report to the governor, the	3272
president of the senate, and the speaker of the house of	3273
representatives on the tax credit program under this section. The	3274
report shall include information on the number of agreements that	3275
were entered into under this section during the preceding calendar	3276
year, a description of the project that is the subject of each	3277
such agreement, and an update on the status of projects under	3278
agreements entered into before the preceding calendar year.	3279

During the fifth year of the tax credit program, the director	3280
of development in conjunction with the director of budget and	3281
management shall conduct an evaluation of it. The evaluation shall	3282
include assessments of the effectiveness of the program in	3283
creating new jobs in this state and of the revenue impact of the	3284
program, and may include a review of the practices and experiences	3285
of other states with similar programs. The director of development	3286
shall submit a report on the evaluation to the governor, the	3287
president of the senate, and the speaker of the house of	3288
representatives on or before January 1, 1998.	3289

(M) There is hereby created the tax credit authority, which	3290
consists of the director of development and four other members	3291
appointed as follows: the governor, the president of the senate,	3292
and the speaker of the house of representatives each shall appoint	3293
one member who shall be a specialist in economic development; the	3294
governor also shall appoint a member who is a specialist in	3295
taxation. Of the initial appointees, the members appointed by the	3296
governor shall serve a term of two years; the members appointed by	3297
the president of the senate and the speaker of the house of	3298
representatives shall serve a term of four years. Thereafter,	3299
terms of office shall be for four years. Initial appointments to	3300
the authority shall be made within thirty days after January 13,	3301
1993. Each member shall serve on the authority until the end of	3302
the term for which the member was appointed. Vacancies shall be	3303
filled in the same manner provided for original appointments. Any	3304
member appointed to fill a vacancy occurring prior to the	3305
expiration of the term for which the member's predecessor was	3306
appointed shall hold office for the remainder of that term.	3307
Members may be reappointed to the authority. Members of the	3308
authority shall receive their necessary and actual expenses while	3309
engaged in the business of the authority. The director of	3310
development shall serve as chairperson of the authority, and the	3311
members annually shall elect a vice-chairperson from among	3312
themselves. Three members of the authority constitute a quorum to	3313
transact and vote on the business of the authority. The majority	3314
vote of the membership of the authority is necessary to approve	3315
any such business, including the election of the vice-chairperson.	3316

The director of development may appoint a professional	3317
employee of the department of development to serve as the	3318
director's substitute at a meeting of the authority. The director	3319
shall make the appointment in writing. In the absence of the	3320
director from a meeting of the authority, the appointed substitute	3321
shall serve as chairperson. In the absence of both the director	3322
and the director's substitute from a meeting, the vice-chairperson	3323
shall serve as chairperson.	3324

Sec. 122.171. (A) As used in this section:

3325

(1) "Capital investment project" means a plan of investment	3326
at a project site for the acquisition, construction, renovation,	3327
or repair of buildings, machinery, or equipment, or for	3328
capitalized costs of basic research and new product development	3329
determined in accordance with generally accepted accounting	3330
principles, but does not include any of the following:	3331

(a) Payments made for the acquisition of personal property	3332
through operating leases;	3333

(b) Project costs paid before January 1, 2002, or after	3334
December 31, 2006;	3335

(c) Payments made to a related member as defined in section	3336
5733.042 of the Revised Code.	3337

(2) "Eligible business" means a business with Ohio operations	3338
satisfying all of the following:	3339

(a) Employed an average of at least one thousand employees in	3340
full-time employment positions at a project site during each of	3341
the twelve months preceding the application for a tax credit under	3342
this section; and	3343

(b) On or after January 1, 2002, has made payments for the	3344
capital investment project of either of the following:	3345

(i) At least two hundred million dollars in the aggregate at	3346
the project site during a period of three consecutive calendar	3347
years including the calendar year that includes a day of the	3348
taxpayer's taxable year with respect to which the credit is	3349
granted;	3350

(ii) If the average wage of all full-time employment	3351
positions at the project site is greater than four hundred per	3352
cent of the federal minimum wage, at least one hundred million	3353
dollars in the aggregate at the project site during a period of	3354
three consecutive calendar years including the calendar year that	3355
includes a day of the taxpayer's taxable year with respect to	3356
which the credit is granted.	3357

(c) Is engaged at the project site primarily as a	3358
manufacturer or is providing significant corporate administrative	3359
functions;	3360

(d) Has had a capital investment project reviewed and	3361
approved by the tax credit authority as provided in divisions (C),	3362
(D), and (E) of this section.	3363

(3) "Full-time employment position" means a position of	3364
employment for consideration for at least thirty-five hours a week	3365
that has been filled for at least one hundred eighty days	3366
immediately preceding the filing of an application under this	3367
section and for at least one hundred eighty days during each	3368
taxable year with respect to which the credit is granted.	3369

(4) "Manufacturer" has the same meaning as in section	3370
5739.011 of the Revised Code.	3371

(5) "Project site" means an integrated complex of facilities	3372
in this state, as specified by the tax credit authority under this	3373
section, within a fifteen-mile radius where a taxpayer is	3374
primarily operating as an eligible business.	3375

(6) "Applicable corporation" means a corporation satisfying	3376
all of the following:	3377

(a)(i) For the entire taxable year immediately preceding the	3378
tax year, the corporation develops software applications primarily	3379
to provide telecommunication billing and information services	3380
through outsourcing or licensing to domestic or international	3381
customers.	3382

(ii) Sales and licensing of software generated at least six	3383
hundred million dollars in revenue during the taxable year	3384
immediately preceding the tax year the corporation is first	3385
entitled to claim the credit provided under division (B) of this	3386
section.	3387

(b) For the entire taxable year immediately preceding the tax	3388
year, the corporation or one or more of its related members	3389
provides customer or employee care and technical support for	3390
clients through one or more contact centers within this state, and	3391
the corporation and its related members together have a daily	3392
average, based on a three hundred sixty-five day year, of at least	3393
five hundred thousand successful customer contacts through one or	3394
more of their contact centers, wherever located.	3395

(c) The corporation is eligible for the credit under division	3396
(B) of this section for the tax year.	3397

(7) "Related member" has the same meaning as in section	3398
5733.042 of the Revised Code as that section existed on the	3399
effective date of its amendment by Am. Sub. H.B. 215 of the 122nd	3400
general assembly.	3401

(8) "Successful customer contact" means a contact with an end	3402
user via telephone, including interactive voice recognition or	3403
similar means, where the contact culminates in a conversation or	3404
connection other than a busy signal or equipment busy.	3405

(9) "Telecommunications" means all forms of	3406
telecommunications service as defined in section 5739.01 of the	3407
Revised Code, and includes services in wireless, wireline, cable,	3408
broadband, internet protocol, and satellite.	3409

(10)(a) "Applicable difference" means the difference between	3410
the tax for the tax year under Chapter 5733. of the Revised Code	3411
applying the law in effect for that tax year, and the tax for that	3412
tax year if section 5733.042 of the Revised Code applied as that	3413
section existed on the effective date of its amendment by Am. Sub.	3414
H.B. 215 of the 122nd general assembly, subject to division	3415
(A)(10)(b) of this section.	3416

(b) If the tax rate set forth in division (B) of section	3417
5733.06 of the Revised Code for the tax year is less than eight	3418
and one-half per cent, the tax calculated under division	3419
(A)(10)(a) of this section shall be computed by substituting a tax	3420
rate of eight and one-half per cent for the rate set forth in	3421
division (B) of section 5733.06 of the Revised Code for the tax	3422
year.	3423

(c) If the resulting difference is negative, the applicable	3424
tax difference for the tax year shall be zero.	3425

(B) The tax credit authority created under section 122.17 of	3426
the Revised Code may grant tax credits under this section for the	3427
purpose of fostering job retention in this state. Upon application	3428
by an eligible business and upon consideration of the	3429
recommendation of the director of budget and management, tax	3430
commissioner, and director of development under division (C) of	3431
this section, the tax credit authority may grant to an eligible	3432
business a nonrefundable credit against the tax imposed by section	3433
5733.06 or 5747.02 of the Revised Code for a period up to ~~ten~~	3434
fifteen taxable years. The credit shall be in an amount not	3435
exceeding seventy-five per cent of the Ohio income tax withheld	3436
from the employees of the eligible business occupying full-time	3437
employment positions at the project site during the calendar year	3438
that includes the last day of such business' taxable year with	3439
respect to which the credit is granted. The amount of the credit	3440
shall not be based on the Ohio income tax withheld from full-time	3441
employees for a calendar year prior to the calendar year in which	3442
the minimum investment requirement referred to in division	3443
(A)(2)(b) of this section is completed. The credit shall be	3444
claimed only for the taxable years specified in the eligible	3445
business' agreement with the tax credit authority under division	3446
(E) of this section, but in no event shall the credit be claimed	3447
for a taxable year terminating before the date specified in the	3448
agreement.	3449

The credit computed under this division is in addition to any	3450
credit allowed under division (M) of this section.	3451

Any unused portion of a tax credit may be carried forward for	3452
not more than three additional years after the year for which the	3453
credit is granted.	3454

(C) A taxpayer that proposes a capital investment project to	3455
retain jobs in this state may apply to the tax credit authority to	3456
enter into an agreement for a tax credit under this section. The	3457
director of development shall prescribe the form of the	3458
application. After receipt of an application, the authority shall	3459
forward copies of the application to the director of budget and	3460
management, the tax commissioner, and the director of development,	3461
each of whom shall review the application to determine the	3462
economic impact the proposed project would have on the state and	3463
the affected political subdivisions and shall submit a summary of	3464
their determinations and recommendations to the authority. The	3465
authority shall make no agreements under this section after June	3466
30, 2007.	3467

(D) Upon review of the determinations and recommendations	3468
described in division (C) of this section, the tax credit	3469
authority may enter into an agreement with the taxpayer for a	3470
credit under this section if the authority determines all of the	3471
following:	3472

(1) The taxpayer's capital investment project will result in	3473
the retention of full-time employment positions in this state.	3474

(2) The taxpayer is economically sound and has the ability to	3475
complete the proposed capital investment project.	3476

(3) The taxpayer intends to and has the ability to maintain	3477
operations at the project site for at least twice the term of the	3478
credit.	3479

(4) Receiving the credit is a major factor in the taxpayer's	3480
decision to begin, continue with, or complete the project.	3481

(5) The political subdivisions in which the project is	3482
located have agreed to provide substantial financial support to	3483
the project.	3484

(E) An agreement under this section shall include all of the	3485
following:	3486

(1) A detailed description of the project that is the subject	3487
of the agreement, including the amount of the investment, the	3488
period over which the investment has been or is being made, and	3489
the number of full-time employment positions at the project site.	3490

(2) The method of calculating the number of full-time	3491
employment positions as specified in division (A)(3) of this	3492
section.	3493

(3) The term and percentage of the tax credit, and the first	3494
year for which the credit may be claimed.	3495

(4) A requirement that the taxpayer maintain operations at	3496
the project site for at least twice the number of years as the	3497
term of the credit.	3498

(5) A requirement that the taxpayer retain a specified number	3499
of full-time employment positions at the project site and within	3500
this state for the term of the credit, including a requirement	3501
that the taxpayer continue to employ at least one thousand	3502
employees in full-time employment positions at the project site	3503
during the entire term of any agreement, subject to division	3504
(E)(7) of this section.	3505

(6) A requirement that the taxpayer annually report to the	3506
director of development the number of full-time employment	3507
positions subject to the credit, the amount of tax withheld from	3508
employees in those positions, the amount of the payments made for	3509
the capital investment project, and any other information the	3510
director needs to perform the director's duties under this	3511
section.	3512

(7) A requirement that the director of development annually	3513
review the annual reports of the taxpayer to verify the	3514
information reported under division (E)(6) of this section and	3515
compliance with the agreement. Upon verification, the director	3516
shall issue a certificate to the taxpayer stating that the	3517
information has been verified and identifying the amount of the	3518
credit for the taxable year. ~~The~~Unless otherwise specified by the	3519
tax credit authority in a resolution and included as part of the	3520
agreement, the director shall not issue a certificate for any year	3521
in which the total number of filled full-time employment positions	3522
for each day of the calendar year divided by three hundred	3523
sixty-five is less than ninety per cent of the full-time	3524
employment positions specified in division (E)(5) of this section.	3525
In determining the number of full-time employment positions, no	3526
position shall be counted that is filled by an employee who is	3527
included in the calculation of a tax credit under section 122.17	3528
of the Revised Code.	3529

(8)(a) A provision requiring that the taxpayer, except as	3530
otherwise provided in division (E)(8)(b) of this section, shall	3531
not relocate employment positions from elsewhere in this state to	3532
the project site that is the subject of the agreement for the	3533
lesser of five years from the date the agreement is entered into	3534
or the number of years the taxpayer is entitled to claim the	3535
credit.	3536

(b) The taxpayer may relocate employment positions from	3537
elsewhere in this state to the project site that is the subject of	3538
the agreement if the director of development determines both of	3539
the following:	3540

(i) That the site from which the employment positions would	3541
be relocated is inadequate to meet market and industry conditions,	3542
expansion plans, consolidation plans, or other business	3543
considerations affecting the taxpayer;	3544

(ii) That the legislative authority of the county, township,	3545
or municipal corporation from which the employment positions would	3546
be relocated has been notified of the relocation.	3547

For purposes of this section, the movement of an employment	3548
position from one political subdivision to another political	3549
subdivision shall be considered a relocation of an employment	3550
position unless the movement is confined to the project site. The	3551
transfer of an individual employee from one political subdivision	3552
to another political subdivision shall not be considered a	3553
relocation of an employment position as long as the individual's	3554
employment position in the first political subdivision is	3555
refilled.	3556

(9) A waiver by the taxpayer of any limitations periods	3557
relating to assessments or adjustments resulting from the	3558
taxpayer's failure to comply with the agreement.	3559

(F) If a taxpayer fails to meet or comply with any condition	3560
or requirement set forth in a tax credit agreement, the tax credit	3561
authority may amend the agreement to reduce the percentage or term	3562
of the credit. The reduction of the percentage or term shall take	3563
effect in the taxable year immediately following the taxable year	3564
in which the authority amends the agreement. If the taxpayer	3565
relocates employment positions in violation of the provision	3566
required under division (D)(8)(a) of this section, the taxpayer	3567
shall not claim the tax credit under section 5733.0610 of the	3568
Revised Code for any tax years following the calendar year in	3569
which the relocation occurs, or shall not claim the tax credit	3570
under section 5747.058 of the Revised Code for the taxable year in	3571
which the relocation occurs and any subsequent taxable years.	3572

(G) Financial statements and other information submitted to	3573
the department of development or the tax credit authority by an	3574
applicant for or recipient of a tax credit under this section, and	3575
any information taken for any purpose from such statements or	3576
information, are not public records subject to section 149.43 of	3577
the Revised Code. However, the chairperson of the authority may	3578
make use of the statements and other information for purposes of	3579
issuing public reports or in connection with court proceedings	3580
concerning tax credit agreements under this section. Upon the	3581
request of the tax commissioner, the chairperson of the authority	3582
shall provide to the commissioner any statement or other	3583
information submitted by an applicant for or recipient of a tax	3584
credit in connection with the credit. The commissioner shall	3585
preserve the confidentiality of the statement or other	3586
information.	3587

(H) A taxpayer claiming a tax credit under this section shall	3588
submit to the tax commissioner a copy of the director of	3589
development's certificate of verification under division (E)(7) of	3590
this section for the taxable year. However, failure to submit a	3591
copy of the certificate does not invalidate a claim for a credit.	3592

(I) For the purposes of this section, a taxpayer may include	3593
a partnership, a corporation that has made an election under	3594
subchapter S of chapter one of subtitle A of the Internal Revenue	3595
Code, or any other business entity through which income flows as a	3596
distributive share to its owners. A tax credit received under this	3597
section by a partnership, S-corporation, or other such business	3598
entity shall be apportioned among the persons to whom the income	3599
or profit of the partnership, S-corporation, or other entity is	3600
distributed, in the same proportions as those in which the income	3601
or profit is distributed.	3602

(J) If the director of development determines that a taxpayer	3603
that received a tax credit under this section is not complying	3604
with the requirement under division (E)(4) of this section, the	3605
director shall notify the tax credit authority of the	3606
noncompliance. After receiving such a notice, and after giving the	3607
taxpayer an opportunity to explain the noncompliance, the	3608
authority may terminate the agreement and require the taxpayer to	3609
refund to the state all or a portion of the credit claimed in	3610
previous years, as follows:	3611

(1) If the taxpayer maintained operations at the project site	3612
for less than the term of the credit, the amount required to be	3613
refunded shall not exceed the amount of any tax credits previously	3614
allowed and received under this section.	3615

(2) If the taxpayer maintained operations at the project site	3616
longer than the term of the credit but less than one and one-half	3617
times the term of the credit, the amount required to be refunded	3618
shall not exceed fifty per cent of the sum of any tax credits	3619
previously allowed and received under this section.	3620

(3) If the taxpayer maintained operations at the project site	3621
for at least one and one-half times the term of the credit but	3622
less than twice the term of the credit, the amount required to be	3623
refunded shall not exceed twenty-five per cent of the sum of any	3624
tax credits previously allowed and received under this section.	3625

In determining the portion of the credit to be refunded to	3626
this state, the authority shall consider the effect of market	3627
conditions on the taxpayer's project and whether the taxpayer	3628
continues to maintain other operations in this state. After making	3629
the determination, the authority shall certify the amount to be	3630
refunded to the tax commissioner. The commissioner shall make an	3631
assessment for that amount against the taxpayer under Chapter	3632
5733. or 5747. of the Revised Code. The time limitations on	3633
assessments under Chapter 5733. or 5747. of the Revised Code do	3634
not apply to an assessment under this division, but the	3635
commissioner shall make the assessment within one year after the	3636
date the authority certifies to the commissioner the amount to be	3637
refunded.	3638

If the director of development determines that a taxpayer	3639
that received a tax credit under this section has reduced the	3640
number of employees agreed to under division (E)(5) of this	3641
section by more than ten per cent, the director shall notify the	3642
tax credit authority of the noncompliance. After receiving such	3643
notice, and after providing the taxpayer an opportunity to explain	3644
the noncompliance, the authority may amend the agreement to reduce	3645
the percentage or term of the tax credit. The reduction in the	3646
percentage or term shall take effect in the taxable year in which	3647
the authority amends the agreement.	3648

(K) The director of development, after consultation with the	3649
tax commissioner and in accordance with Chapter 119. of the	3650
Revised Code, shall adopt rules necessary to implement this	3651
section. The rules may provide for recipients of tax credits under	3652
this section to be charged fees to cover administrative costs of	3653
the tax credit program. At the time the director gives public	3654
notice under division (A) of section 119.03 of the Revised Code of	3655
the adoption of the rules, the director shall submit copies of the	3656
proposed rules to the chairpersons of the standing committees on	3657
economic development in the senate and the house of	3658
representatives.	3659

(L) On or before the thirty-first day of March of each year,	3660
the director of development shall submit a report to the governor,	3661
the president of the senate, and the speaker of the house of	3662
representatives on the tax credit program under this section. The	3663
report shall include information on the number of agreements that	3664
were entered into under this section during the preceding calendar	3665
year, a description of the project that is the subject of each	3666
such agreement, and an update on the status of projects under	3667
agreements entered into before the preceding calendar year.	3668

(M)(1) A nonrefundable credit shall be allowed to an	3669
applicable corporation and its related members in an amount equal	3670
to the applicable difference. The credit is in addition to the	3671
credit granted to the corporation or related members under	3672
division (B) of this section. The credit is subject to divisions	3673
(B) to (E) and division (J) of this section.	3674

(2) A person qualifying as an applicable corporation under	3675
this section for a tax year does not necessarily qualify as an	3676
applicable corporation for any other tax year. No person is	3677
entitled to the credit allowed under division (M) of this section	3678
for the tax year immediately following the taxable year during	3679
which the person fails to meet the requirements in divisions	3680
(A)(6)(a)(i) and (A)(6)(b) of this section. No person is entitled	3681
to the credit allowed under division (M) of this section for any	3682
tax year for which the person is not eligible for the credit	3683
provided under division (B) of this section.	3684

Sec. 122.25. (A) In administering the program established	3685
under section 122.24 of the Revised Code, the director of	3686
development shall do all of the following:	3687

(1) Annually designate, by the first day of January of each	3688
year, the entities that constitute the eligible areas in this	3689
state as defined in section 122.23 of the Revised Code;	3690

(2) Inform local governments and others in the state of the	3691
availability of the program and financial assistance established	3692
under sections 122.23 to 122.27 of the Revised Code;	3693

(3) Report to the governor, president of the senate, speaker	3694
of the house of representatives, and minority leaders of the	3695
senate and the house of representatives by the thirtieth day of	3696
June of each year on the activities carried out under the program	3697
during the preceding calendar year. The report shall include the	3698
number of loans made that year and the amount and recipient of	3699
each loan.	3700

(4) Work in conjunction with conventional lending	3701
institutions, local revolving loan funds, private investors, and	3702
other private and public financing sources to provide loans or	3703
loan guarantees to eligible applicants;	3704

(5) Establish fees, charges, interest rates, payment	3705
schedules, local match requirements, and other terms and	3706
conditions for loans and loan guarantees provided under the loan	3707
program created by section 122.24 of the Revised Code;	3708

(6) Require each applicant to demonstrate the suitability of	3709
any site for the assistance sought; that the site has been	3710
surveyed, has adequate or available utilities, and that there are	3711
no zoning restrictions, environmental regulations, or other	3712
matters impairing the use of the site for the purpose intended;	3713

(7) Require each applicant to provide a marketing plan and	3714
management strategy for the project;	3715

(8) Adopt rules in accordance with Chapter 119. of the	3716
Revised Code establishing all of the following:	3717

(a) Forms and procedures by which eligible applicants may	3718
apply for assistance;	3719

(b) Criteria for reviewing, evaluating, and ranking	3720
applications, and for approving applications that best serve the	3721
goals of the program;	3722

3723

(d) Guidelines regarding situations in which industrial parks	3724
would be considered to compete against one another for the	3725
purposes of division (B)(2) of section 122.27 of the Revised Code;	3726

(e) Any other rules necessary to implement and administer the	3727
program created by section 122.24 of the Revised Code.	3728

(B) The director may adopt rules in accordance with Chapter	3729
119. of the Revised Code establishing requirements governing the	3730
use of any industrial park site receiving assistance under section	3731
122.24 of the Revised Code, such that a certain portion of the	3732
site must be used for manufacturing, distribution, high	3733
technology, research and development, or other businesses wherein	3734
a majority of the product or service produced is exported out of	3735
the state.	3736

(C) As a condition to receiving assistance under section	3737
122.24 of the Revised Code, and except as provided in division (D)	3738
of this section, an applicant must agree, for a period of five	3739
years, not to permit the use of a site that is developed or	3740
improved with such assistance to cause the relocation of jobs to	3741
that site from elsewhere in Ohio.	3742

(D) A site developed or improved with assistance under	3743
section 122.24 of the Revised Code may be the site of jobs	3744
relocated from elsewhere in Ohio if the director of development	3745
does all of the following:	3746

(1) Makes a written determination that the site from which	3747
the jobs would be relocated is inadequate to meet market or	3748
industry conditions, expansion plans, consolidation plans, or	3749
other business considerations affecting the relocating employer;	3750

(2) Provides a copy of the determination required by division	3751
(D)(1) of this section to the members of the general assembly	3752
whose legislative districts include the site from which the jobs	3753
would be relocated~~, and to the joint legislative committee on tax~~	3754
~~incentives~~;	3755

(3) Determines that the governing body of the area from which	3756
the jobs would be relocated has been notified in writing by the	3757
relocating company of the possible relocation.	3758

(E) The director of development must obtain the approval of	3759
the controlling board for any loan or loan guarantee provided	3760
under sections 122.23 to 122.27 of the Revised Code.	3761

Sec. 122.651. (A) There is hereby created the clean Ohio	3762
council consisting of the director of development or the	3763
director's designee, the director of environmental protection or	3764
the director's designee, the lieutenant governor or the lieutenant	3765
governor's designee, the director of the Ohio public works	3766
commission as a nonvoting, ex officio member, one member of the	3767
majority party of the senate and one member of the minority party	3768
of the senate to be appointed by the president of the senate, one	3769
member of the majority party of the house of representatives and	3770
one member of the minority party of the house of representatives	3771
to be appointed by the speaker of the house of representatives,	3772
and seven members to be appointed by the governor with the advice	3773
and consent of the senate. Of the members appointed by the	3774
governor, one shall represent the interests of counties, one shall	3775
represent the interests of townships, one shall represent the	3776
interests of municipal corporations, two shall represent the	3777
interests of business and development, and two shall represent	3778
statewide environmental advocacy organizations. The members	3779
appointed by the governor shall reflect the demographic and	3780
economic diversity of the population of the state. Additionally,	3781
the governor's appointments shall represent all areas of the	3782
state. All appointments to the council shall be made not later	3783
than one hundred twenty days after July 26, 2001.	3784

(B) The members appointed by the president of the senate and	3785
speaker of the house of representatives shall serve at the	3786
pleasure of their appointing authorities. Of the initial members	3787
appointed by the governor to the clean Ohio council, four shall be	3788
appointed for two years and three shall be appointed for one year.	3789
Thereafter, terms of office for members appointed by the governor	3790
shall be for two years, with each term ending on the same day of	3791
the same month as did the term that it succeeds. Each of those	3792
members shall hold office from the date of appointment until the	3793
end of the term for which the member is appointed.	3794

Members may be reappointed. Vacancies shall be filled in the	3795
same manner as provided for original appointments. Any member	3796
appointed to fill a vacancy occurring prior to the expiration date	3797
of the term for which the member was appointed shall hold office	3798
for the remainder of that term. A member shall continue in office	3799
after the expiration date of the member's term until the member's	3800
successor takes office or until a period of sixty days has	3801
elapsed, whichever occurs first. The governor may remove a member	3802
appointed by the governor for misfeasance, nonfeasance, or	3803
malfeasance in office.	3804

(C) The ~~director of development~~governor shall appoint a	3805
member of the clean Ohio council to serve as the chairperson of	3806
the ~~clean Ohio~~ council. The director of development shall serve as	3807
the vice-chairperson of the council unless appointed chairperson.	3808
If the director is appointed chairperson, the council annually	3809
shall select from among its members a vice-chairperson to serve	3810
while the director is chairperson. The council annually shall	3811
select from among its members ~~a vice-chairperson and~~ a secretary	3812
to keep a record of its proceedings. A majority vote of a quorum	3813
of the members of the council is necessary to take action on any	3814
matter. The council may adopt bylaws governing its operation,	3815
including bylaws that establish the frequency of meetings,	3816
procedures for reviewing eligible projects under sections 122.65	3817
to 122.658 of the Revised Code and policies and requirements	3818
established under section 122.657 of the Revised Code, and other	3819
necessary procedures.	3820

(D) Members of the clean Ohio council shall be deemed to be	3821
public officials or officers only for the purposes of section 9.86	3822
and Chapters 102. and 2921. of the Revised Code. Serving as a	3823
member of the clean Ohio council does not constitute holding a	3824
public office or position of employment so as to constitute	3825
grounds for removal of public officers or employees serving as	3826
members of the council from their offices or positions of	3827
employment. Members of the council shall file with the Ohio ethics	3828
commission the disclosure statement described in division (A) of	3829
section 102.02 of the Revised Code on the form prescribed by the	3830
commission and be subject to divisions (C) and (D) of that	3831
section. Members of the council shall serve without compensation	3832
for attending council meetings, but shall receive their actual and	3833
necessary traveling and other expenses incurred in the performance	3834
of their official duties in accordance with the rules of the	3835
office of budget and management.	3836

(E) Members appointed by the governor to represent the	3837
interests of counties, townships, and municipal corporations do	3838
not have a conflict of interest by virtue of their service in the	3839
position. For the purposes of this division, "conflict of	3840
interest" means the taking of any action as a member of the	3841
council that affects a public agency the person serves as an	3842
officer or employee.	3843

(F) The department of development shall provide office space	3844
for the council. The council shall be assisted in its duties by	3845
the staff of the department of development and the environmental	3846
protection agency.	3847

(G) Sections 101.82 to 101.87 of the Revised Code do not	3848
apply to the clean Ohio council.	3849

Sec. 122.658. (A) The clean Ohio revitalization fund is	3850
hereby created in the state treasury. The fund shall consist of	3851
moneys credited to it pursuant to section 151.40 of the Revised	3852
Code. Moneys in the fund shall be used to make grants or loans for	3853
projects that have been approved by the clean Ohio council in	3854
accordance with section 122.653 of the Revised Code, except that	3855
the council annually shall devote twenty per cent of the net	3856
proceeds of obligations deposited in the clean Ohio revitalization	3857
fund for the purposes of section 122.656 of the Revised Code.	3858

Moneys in the clean Ohio revitalization fund may be used to	3859
pay reasonable costs incurred by the department of development and	3860
the environmental protection agency in administering sections	3861
122.65 to 122.658 of the Revised Code. All investment earnings of	3862
the fund shall be credited to the fund. ~~For two years after July~~	3863
~~26, 2001, investment~~Investment earnings credited to the clean	3864
Ohio revitalization fund may be used to pay costs incurred by the	3865
department of development and the environmental protection agency	3866
pursuant to sections 122.65 to 122.658 of the Revised Code.	3867

The department of development shall administer the clean Ohio	3868
revitalization fund in accordance with this section, policies and	3869
requirements established under section 122.657 of the Revised	3870
Code, and the terms of agreements entered into by the council	3871
under section 122.653 of the Revised Code.	3872

(B) Grants awarded and loans made under section 122.653 of	3873
the Revised Code shall provide not more than seventy-five per cent	3874
of the estimated total cost of a project. A grant or loan to any	3875
one project shall not exceed three million dollars. An applicant	3876
shall provide at least twenty-five per cent of the estimated total	3877
cost of a project. The applicant's share may consist of one or a	3878
combination of any of the following:	3879

(1) Payment of the cost of acquiring the property for the	3880
purposes of sections 122.65 to 122.658 of the Revised Code;	3881

(2) Payment of the reasonable cost of an assessment at the	3882
property;	3883

(3) The reasonable value, as determined by the council, of	3884
labor and materials that will be contributed by the applicant in	3885
performing the cleanup or remediation;	3886

(4) Moneys received by the applicant in any form for use in	3887
performing the cleanup or remediation;	3888

(5) Loans secured by the applicant for the purpose of the	3889
cleanup or remediation of the brownfield.	3890

Costs that were incurred more than two years prior to the	3891
submission of an application to the clean Ohio council for the	3892
acquisition of property, assessments, and labor and materials	3893
shall not be used as part of the applicant's matching share.	3894

(C) The department of development shall not make any payment	3895
to an applicant from the clean Ohio revitalization fund to pay	3896
costs of the applicant that were not included in an application	3897
for a grant or loan under section 122.653 of the Revised Code or	3898
that exceed the amount of the estimated total cost of the project	3899
included in the application. If, upon completion of a project, the	3900
costs of the project are less than the amounts included in the	3901
application, the amounts included in the application less the	3902
amounts of the actual costs of the project shall be credited to	3903
the clean Ohio revitalization fund. However, the amounts credited	3904
shall be equivalent in percentage to the percentage of the costs	3905
of the project that were to be funded by the grant or loan from	3906
the fund.	3907

(D) Grants awarded or loans made under section 122.653 of the	3908
Revised Code from the clean Ohio revitalization fund shall be used	3909
by an applicant only to pay the costs of the actual cleanup or	3910
remediation of a brownfield and shall not be used by an applicant	3911
to pay any administrative costs incurred by the applicant. Costs	3912
related to the use of a certified professional for purposes of	3913
section 122.654 of the Revised Code are not administrative costs	3914
and may be paid with moneys from grants awarded or loans made	3915
under section 122.653 of the Revised Code.	3916

(E) The portion of net proceeds of obligations devoted under	3917
division (A) of this section for the purposes of section 122.656	3918
of the Revised Code shall be used to make grants for assessments,	3919
cleanup or remediation of brownfields, and public health projects	3920
that have been approved by the director of development under that	3921
section. The department of development shall administer section	3922
122.656 of the Revised Code in accordance with this section,	3923
policies and requirements established under section 122.657 of the	3924
Revised Code, and the terms of agreements entered into by the	3925
director under section 122.656 of the Revised Code. The director	3926
shall not grant more than twenty-five million dollars for public	3927
health projects under section 122.656 of the Revised Code.	3928

(F) Grants awarded under section 122.656 of the Revised Code	3929
shall be used by an applicant only to pay the costs of actually	3930
conducting an assessment, a cleanup or remediation of a	3931
brownfield, or a public health project and shall not be used by an	3932
applicant to pay any administrative costs incurred by the	3933
applicant. Costs related to the use of a certified professional	3934
for purposes of section 122.654 of the Revised Code are not	3935
administrative costs and may be paid with moneys from grants	3936
awarded under section 122.656 of the Revised Code.	3937

(G)(1) The clean Ohio revitalization revolving loan fund is	3938
hereby created in the state treasury. Payments of principal and	3939
interest on loans made from the clean Ohio revitalization fund	3940
shall be credited to this revolving loan fund, as shall payments	3941
of principal and interest on loans made from the revolving loan	3942
fund itself. The revolving loan fund's investment earnings shall	3943
be credited to it.	3944

(2) The clean Ohio revitalization revolving loan fund shall	3945
be used to make loans for the same purposes and subject to the	3946
same policies, requirements, criteria, and application procedures	3947
as loans made from the clean Ohio revitalization fund.	3948

Sec. 122.87. As used in sections 122.87 to ~~122.89~~122.90 of	3949
the Revised Code:	3950

(A) "Surety company" means a company that is authorized by	3951
the department of insurance to issue bonds as surety.	3952

(B) "Minority business" means any of the following	3953
occupations:	3954

(1) Minority construction contractor;

3955

(2) Minority seller;

3956

(3) Minority service vendor.

3957

(C) "Minority construction contractor" means a person who is	3958
both a construction contractor and an owner of a minority business	3959
enterprise certified under division (B) of section 123.151 of the	3960
Revised Code.	3961

(D) "Minority seller" means a person who is both a seller of	3962
goods and an owner of a minority business enterprise listed on the	3963
special minority business enterprise bid notification list under	3964
division (B) of section 125.08 of the Revised Code.	3965

(E) "Minority service vendor" means a person who is both a	3966
vendor of services and an owner of a minority business enterprise	3967
listed on the special minority business enterprise bid	3968
notification list under division (B) of section 125.08 of the	3969
Revised Code.	3970

(F) "Minority business enterprise" has the meaning given in	3971
section 122.71 of the Revised Code.	3972

(G) "EDGE business enterprise" means a sole proprietorship,	3973
association, partnership, corporation, limited liability	3974
corporation, or joint venture certified as a participant in the	3975
encouraging diversity, growth, and equity program by the director	3976
of administrative services under section 123.152 of the Revised	3977
Code.	3978

Sec. 122.88. (A) There is hereby created in the state	3979
treasury the minority business bonding fund, consisting of moneys	3980
deposited or credited to it pursuant to section 169.05 of the	3981
Revised Code; all grants, gifts, and contributions received	3982
pursuant to division (B)(9) of section 122.74 of the Revised Code;	3983
all moneys recovered following defaults; and any other moneys	3984
obtained by the director of development for the purposes of	3985
sections 122.87 to ~~122.89~~122.90 of the Revised Code. The fund	3986
shall be administered by the director. Moneys in the fund shall be	3987
held in trust for the purposes of sections 122.87 to ~~122.89~~122.90	3988
of the Revised Code.	3989

(B) Any claims against the state arising from defaults shall	3990
be payable from the minority business bonding program	3991
administrative and loss reserve fund as provided in division (C)	3992
of this section or from the minority business bonding fund.	3993
Nothing in sections 122.87 to ~~122.89~~122.90 of the Revised Code	3994
grants or pledges to any obligee or other person any state moneys	3995
other than the moneys in the minority business bonding program	3996
administrative and loss reserve fund or the minority business	3997
bonding fund, or moneys available to the minority business bonding	3998
fund upon request of the director in accordance with division (B)	3999
of section 169.05 of the Revised Code.	4000

(C) There is hereby created in the state treasury the	4001
minority business bonding program administrative and loss reserve	4002
fund, consisting of all premiums charged and collected in	4003
accordance with section 122.89 of the Revised Code and any	4004
interest income earned from the moneys in the minority business	4005
bonding fund. All expenses of the director and the minority	4006
development financing advisory board in carrying out the purposes	4007
of sections 122.87 to ~~122.89~~122.90 of the Revised Code shall be	4008
paid from the minority business bonding program administrative and	4009
loss reserve fund.	4010

Any moneys to the credit of the minority business bonding	4011
program administrative and loss reserve fund in excess of the	4012
amount necessary to fund the appropriation authority for the	4013
minority business bonding program administrative and loss reserve	4014
fund shall be held as a loss reserve to pay claims arising from	4015
defaults on surety bonds underwritten in accordance with section	4016
122.89 of the Revised Code or guaranteed in accordance with	4017
section 122.90 of the Revised Code. If the balance of funds in the	4018
minority business bonding program administrative and loss reserve	4019
fund is insufficient to pay a claim against the state arising from	4020
default, then such claim shall be payable from the minority	4021
business bonding fund.	4022

Sec. 122.90. (A) The director of development may guarantee	4023
bonds executed by sureties for minority businesses and EDGE	4024
business enterprises certified under section 123.152 of the	4025
Revised Code as principals on contracts with the state, any	4026
political subdivision or instrumentality, or any person as the	4027
obligee. The director, as guarantor, may exercise all the rights	4028
and powers of a company authorized by the department of insurance	4029
to guarantee bonds under Chapter 3929. of the Revised Code but	4030
otherwise is not subject to any laws related to a guaranty company	4031
under Title XXXIX of the Revised Code nor to any rules of the	4032
department of insurance.	4033

(B) The director shall adopt rules under Chapter 119. of the	4034
Revised Code to establish procedures for the application for bond	4035
guarantees and the review and approval of applications for bond	4036
guarantees submitted by sureties that execute bonds eligible for	4037
guarantees under division (A) of this section.	4038

(C) In accordance with rules adopted pursuant to this	4039
section, the director may guarantee up to ninety per cent of the	4040
loss incurred and paid by sureties on bonds guaranteed under	4041
division (A) of this section.	4042

(D) The penal sum amounts of all outstanding guarantees made	4043
by the director under this section shall not exceed three times	4044
the difference between the amount of moneys in the minority	4045
business bonding fund and available to the fund under division (B)	4046
of section 169.05 of the Revised Code and the amount of all	4047
outstanding bonds issued by the director in accordance with	4048
division (A) of section 122.89 of the Revised Code.	4049

Sec. 123.01. (A) The department of administrative services,	4050
in addition to those powers enumerated in Chapters 124. and 125.	4051
of the Revised Code, and as provided elsewhere by law, shall	4052
exercise the following powers:	4053

(1) To prepare, or contract to be prepared, by licensed	4054
engineers or architects, surveys, general and detailed plans,	4055
specifications, bills of materials, and estimates of cost for any	4056
projects, improvements, or public buildings to be constructed by	4057
state agencies that may be authorized by legislative	4058
appropriations or any other funds made available therefor,	4059
provided that the construction of the projects, improvements, or	4060
public buildings is a statutory duty of the department. This	4061
section does not require the independent employment of an	4062
architect or engineer as provided by section 153.01 of the Revised	4063
Code in the cases to which that section applies nor affect or	4064
alter the existing powers of the director of transportation.	4065

(2) To have general supervision over the construction of any	4066
projects, improvements, or public buildings constructed for a	4067
state agency and over the inspection of materials previous to	4068
their incorporation into those projects, improvements, or	4069
buildings;	4070

(3) To make contracts for and supervise the construction of	4071
any projects and improvements or the construction and repair of	4072
buildings under the control of a state agency, except contracts	4073
for the repair of buildings under the management and control of	4074
the departments of public safety, job and family services, mental	4075
health, mental retardation and developmental disabilities,	4076
rehabilitation and correction, and youth services, the bureau of	4077
workers' compensation, the rehabilitation services commission, and	4078
boards of trustees of educational and benevolent institutions.	4079
These contracts shall be made and entered into by the directors of	4080
public safety, job and family services, mental health, mental	4081
retardation and developmental disabilities, rehabilitation and	4082
correction, and youth services, the administrator of workers'	4083
compensation, the rehabilitation services commission, and the	4084
boards of trustees of such institutions, respectively. All such	4085
contracts may be in whole or in part on unit price basis of	4086
maximum estimated cost, with payment computed and made upon actual	4087
quantities or units.	4088

(4) To prepare and suggest comprehensive plans for the	4089
development of grounds and buildings under the control of a state	4090
agency;	4091

(5) To acquire, by purchase, gift, devise, lease, or grant,	4092
all real estate required by a state agency, in the exercise of	4093
which power the department may exercise the power of eminent	4094
domain, in the manner provided by sections 163.01 to 163.22 of the	4095
Revised Code;	4096

(6) To make and provide all plans, specifications, and models	4097
for the construction and perfection of all systems of sewerage,	4098
drainage, and plumbing for the state in connection with buildings	4099
and grounds under the control of a state agency;	4100

(7) To erect, supervise, and maintain all public monuments	4101
and memorials erected by the state, except where the supervision	4102
and maintenance is otherwise provided by law;	4103

(8) To procure, by lease, storage accommodations for a state	4104
agency;	4105

(9) To lease or grant easements or licenses for unproductive	4106
and unused lands or other property under the control of a state	4107
agency. Such leases, easements, or licenses shall be granted for a	4108
period not to exceed fifteen years and shall be executed for the	4109
state by the director of administrative services and the governor	4110
and shall be approved as to form by the attorney general, provided	4111
that leases, easements, or licenses may be granted to any county,	4112
township, municipal corporation, port authority, water or sewer	4113
district, school district, library district, health district, park	4114
district, soil and water conservation district, conservancy	4115
district, or other political subdivision or taxing district, or	4116
any agency of the United States government, for the exclusive use	4117
of that agency, political subdivision, or taxing district, without	4118
any right of sublease or assignment, for a period not to exceed	4119
fifteen years, and provided that the director shall grant leases,	4120
easements, or licenses of university land for periods not to	4121
exceed twenty-five years for purposes approved by the respective	4122
university's board of trustees wherein the uses are compatible	4123
with the uses and needs of the university and may grant leases of	4124
university land for periods not to exceed forty years for purposes	4125
approved by the respective university's board of trustees pursuant	4126
to section 123.77 of the Revised Code.	4127

(10) To lease office space in buildings for the use of a	4128
state agency;	4129

(11) To have general supervision and care of the storerooms,	4130
offices, and buildings leased for the use of a state agency;	4131

(12) To exercise general custodial care of all real property	4132
of the state;	4133

(13) To assign and group together state offices in any city	4134
in the state and to establish, in cooperation with the state	4135
agencies involved, rules governing space requirements for office	4136
or storage use;	4137

(14) To lease for a period not to exceed forty years,	4138
pursuant to a contract providing for the construction thereof	4139
under a lease-purchase plan, buildings, structures, and other	4140
improvements for any public purpose, and, in conjunction	4141
therewith, to grant leases, easements, or licenses for lands under	4142
the control of a state agency for a period not to exceed forty	4143
years. The lease-purchase plan shall provide that at the end of	4144
the lease period, the buildings, structures, and related	4145
improvements, together with the land on which they are situated,	4146
shall become the property of the state without cost.	4147

(a) Whenever any building, structure, or other improvement is	4148
to be so leased by a state agency, the department shall retain	4149
either basic plans, specifications, bills of materials, and	4150
estimates of cost with sufficient detail to afford bidders all	4151
needed information or, alternatively, all of the following plans,	4152
details, bills of materials, and specifications:	4153

(i) Full and accurate plans suitable for the use of mechanics	4154
and other builders in the improvement;	4155

(ii) Details to scale and full sized, so drawn and	4156
represented as to be easily understood;	4157

(iii) Accurate bills showing the exact quantity of different	4158
kinds of material necessary to the construction;	4159

(iv) Definite and complete specifications of the work to be	4160
performed, together with such directions as will enable a	4161
competent mechanic or other builder to carry them out and afford	4162
bidders all needed information;	4163

(v) A full and accurate estimate of each item of expense and	4164
of the aggregate cost thereof.	4165

(b) The department shall give public notice, in such	4166
newspaper, in such form, and with such phraseology as the director	4167
of administrative services prescribes, published once each week	4168
for four consecutive weeks, of the time when and place where bids	4169
will be received for entering into an agreement to lease to a	4170
state agency a building, structure, or other improvement. The last	4171
publication shall be at least eight days preceding the day for	4172
opening the bids. The bids shall contain the terms upon which the	4173
builder would propose to lease the building, structure, or other	4174
improvement to the state agency. The form of the bid approved by	4175
the department shall be used, and a bid is invalid and shall not	4176
be considered unless that form is used without change, alteration,	4177
or addition. Before submitting bids pursuant to this section, any	4178
builder shall comply with Chapter 153. of the Revised Code.	4179

(c) On the day and at the place named for receiving bids for	4180
entering into lease agreements with a state agency, the director	4181
of administrative services shall open the bids and shall publicly	4182
proceed immediately to tabulate the bids upon duplicate sheets. No	4183
lease agreement shall be entered into until the bureau of workers'	4184
compensation has certified that the person to be awarded the lease	4185
agreement has complied with Chapter 4123. of the Revised Code,	4186
until, if the builder submitting the lowest and best bid is a	4187
foreign corporation, the secretary of state has certified that the	4188
corporation is authorized to do business in this state, until, if	4189
the builder submitting the lowest and best bid is a person	4190
nonresident of this state, the person has filed with the secretary	4191
of state a power of attorney designating the secretary of state as	4192
its agent for the purpose of accepting service of summons in any	4193
action brought under Chapter 4123. of the Revised Code, and until	4194
the agreement is submitted to the attorney general and the	4195
attorney general's approval is certified thereon. Within thirty	4196
days after the day on which the bids are received, the department	4197
shall investigate the bids received and shall determine that the	4198
bureau and the secretary of state have made the certifications	4199
required by this section of the builder who has submitted the	4200
lowest and best bid. Within ten days of the completion of the	4201
investigation of the bids, the department shall award the lease	4202
agreement to the builder who has submitted the lowest and best bid	4203
and who has been certified by the bureau and secretary of state as	4204
required by this section. If bidding for the lease agreement has	4205
been conducted upon the basis of basic plans, specifications,	4206
bills of materials, and estimates of costs, upon the award to the	4207
builder the department, or the builder with the approval of the	4208
department, shall appoint an architect or engineer licensed in	4209
this state to prepare such further detailed plans, specifications,	4210
and bills of materials as are required to construct the building,	4211
structure, or improvement. The department shall adopt such rules	4212
as are necessary to give effect to this section. The department	4213
may reject any bid. Where there is reason to believe there is	4214
collusion or combination among bidders, the bids of those	4215
concerned therein shall be rejected.	4216

(15) To acquire by purchase, gift, devise, or grant and to	4217
transfer, lease, or otherwise dispose of all real property	4218
required to assist in the development of a conversion facility as	4219
defined in section 5709.30 of the Revised Code as that section	4220
existed before its repeal by H.B. 95 of the 125th general	4221
assembly;	4222

(16) To lease for a period not to exceed forty years,	4223
notwithstanding any other division of this section, the	4224
state-owned property located at 408-450 East Town Street,	4225
Columbus, Ohio, formerly the state school for the deaf, to a	4226
developer in accordance with this section. "Developer," as used in	4227
this section, has the same meaning as in section 123.77 of the	4228
Revised Code.	4229

Such a lease shall be for the purpose of development of the	4230
land for use by senior citizens by constructing, altering,	4231
renovating, repairing, expanding, and improving the site as it	4232
existed on June 25, 1982. A developer desiring to lease the land	4233
shall prepare for submission to the department a plan for	4234
development. Plans shall include provisions for roads, sewers,	4235
water lines, waste disposal, water supply, and similar matters to	4236
meet the requirements of state and local laws. The plans shall	4237
also include provision for protection of the property by insurance	4238
or otherwise, and plans for financing the development, and shall	4239
set forth details of the developer's financial responsibility.	4240

The department may employ, as employees or consultants,	4241
persons needed to assist in reviewing the development plans. Those	4242
persons may include attorneys, financial experts, engineers, and	4243
other necessary experts. The department shall review the	4244
development plans and may enter into a lease if it finds all of	4245
the following:	4246

(a) The best interests of the state will be promoted by	4247
entering into a lease with the developer;	4248

(b) The development plans are satisfactory;

4249

(c) The developer has established the developer's financial	4250
responsibility and satisfactory plans for financing the	4251
development.	4252

The lease shall contain a provision that construction or	4253
renovation of the buildings, roads, structures, and other	4254
necessary facilities shall begin within one year after the date of	4255
the lease and shall proceed according to a schedule agreed to	4256
between the department and the developer or the lease will be	4257
terminated. The lease shall contain such conditions and	4258
stipulations as the director considers necessary to preserve the	4259
best interest of the state. Moneys received by the state pursuant	4260
to this lease shall be paid into the general revenue fund. The	4261
lease shall provide that at the end of the lease period the	4262
buildings, structures, and related improvements shall become the	4263
property of the state without cost.	4264

(17) To lease to any person any tract of land owned by the	4265
state and under the control of the department, or any part of such	4266
a tract, for the purpose of drilling for or the pooling of oil or	4267
gas. Such a lease shall be granted for a period not exceeding	4268
forty years, with the full power to contract for, determine the	4269
conditions governing, and specify the amount the state shall	4270
receive for the purposes specified in the lease, and shall be	4271
prepared as in other cases.	4272

(18) Biennially implement, by state agency location, a census	4273
of agency employees assigned space;	4274

(19) Require each state agency to categorize periodically the	4275
use of space allotted to the agency between office space, common	4276
areas, storage space, and other uses and report its findings to	4277
the department;	4278

(20) Create and update periodically a master space	4279
utilization plan for all space allotted to state agencies. The	4280
plan shall incorporate space utilization metrics.	4281

(21) Conduct periodically a cost-benefit analysis to	4282
determine the effectiveness of state-owned buildings;	4283

(22) Assess periodically the alternatives associated with	4284
consolidating the commercial leases for buildings located in	4285
Columbus;	4286

(23) Commission a comprehensive space utilization and	4287
capacity study in order to determine the feasibility of	4288
consolidating existing commercially leased space used by state	4289
agencies into a new state-owned facility.	4290

(B) This section and section 125.02 of the Revised Code shall	4291
not interfere with any of the following:	4292

(1) The power of the adjutant general to purchase military	4293
supplies, or with the custody of the adjutant general of property	4294
leased, purchased, or constructed by the state and used for	4295
military purposes, or with the functions of the adjutant general	4296
as director of state armories;	4297

(2) The power of the director of transportation in acquiring	4298
rights-of-way for the state highway system, or the leasing of	4299
lands for division or resident district offices, or the leasing of	4300
lands or buildings required in the maintenance operations of the	4301
department of transportation, or the purchase of real property for	4302
garage sites or division or resident district offices, or in	4303
preparing plans and specifications for and constructing such	4304
buildings as the director may require in the administration of the	4305
department;	4306

(3) The power of the director of public safety and the	4307
registrar of motor vehicles to purchase or lease real property and	4308
buildings to be used solely as locations to which a deputy	4309
registrar is assigned pursuant to division (B) of section 4507.011	4310
of the Revised Code and from which the deputy registrar is to	4311
conduct the deputy registrar's business, the power of the director	4312
of public safety to purchase or lease real property and buildings	4313
to be used as locations for division or district offices as	4314
required in the maintenance of operations of the department of	4315
public safety, and the power of the superintendent of the state	4316
highway patrol in the purchase or leasing of real property and	4317
buildings needed by the patrol, to negotiate the sale of real	4318
property owned by the patrol, to rent or lease real property owned	4319
or leased by the patrol, and to make or cause to be made repairs	4320
to all property owned or under the control of the patrol;	4321

(4) The power of the division of liquor control in the	4322
leasing or purchasing of retail outlets and warehouse facilities	4323
for the use of the division;	4324

(5) The power of the director of development to enter into	4325
leases of real property, buildings, and office space to be used	4326
solely as locations for the state's foreign offices to carry out	4327
the purposes of section 122.05 of the Revised Code.	4328

(C) Purchases for, and the custody and repair of, buildings	4329
under the management and control of the capitol square review and	4330
advisory board, the rehabilitation services commission, the bureau	4331
of workers' compensation, or the departments of public safety, job	4332
and family services, mental health, mental retardation and	4333
developmental disabilities, and rehabilitation and correction, and	4334
buildings of educational and benevolent institutions under the	4335
management and control of boards of trustees, are not subject to	4336
the control and jurisdiction of the department of administrative	4337
services.	4338

(D) Any instrument by which real property is acquired	4339
pursuant to this section shall identify the agency of the state	4340
that has the use and benefit of the real property as specified in	4341
section 5301.012 of the Revised Code.	4342

Sec. 123.152. (A) As used in this section, "EDGE business	4343
enterprise" means a sole proprietorship, association, partnership,	4344
corporation, limited liability corporation, or joint venture	4345
certified as a participant in the encouraging diversity, growth,	4346
and equity program by the director of administrative services	4347
under this section of the Revised Code.	4348

(B) The director of administrative services shall establish a	4349
business assistance program known as the encouraging diversity,	4350
growth, and equity program and shall adopt rules in accordance	4351
with Chapter 119. of the Revised Code to administer the program	4352
and that do all of the following:	4353

(1) Establish procedures by which a sole proprietorship,	4354
association, partnership, corporation, limited liability	4355
corporation, or joint venture may apply for certification as an	4356
EDGE business enterprise;	4357

(2) Establish agency procurement goals for contracting with	4358
EDGE business enterprises in the award of contracts under Chapters	4359
123., 125., and 153. of the Revised Code based on the availability	4360
of eligible program participants by region or geographic area, as	4361
determined by the director, and by standard industrial code.	4362

(a) Goals established under division (B)(2) of this section	4363
shall be based on a percentage level of participation and a	4364
percentage of contractor availability.	4365

(b) Goals established under division (B)(2) of this section	4366
shall be applied at the contract level, relative to an overall	4367
dollar goal for each state agency, in accordance with the	4368
following certification categories: construction, architecture,	4369
and engineering; professional services; goods and services; and	4370
information technology services.	4371

(3) Establish a system of certifying EDGE business	4372
enterprises based on a requirement that the business owner or	4373
owners show both social and economic disadvantage based on the	4374
following, as determined to be sufficient by the director:	4375

(a) Relative wealth of the business seeking certification as	4376
well as the personal wealth of the owner or owners of the	4377
business;	4378

(b) Social disadvantage based on any of the following:

4379

(i) A rebuttable presumption when the business owner or	4380
owners demonstrate membership in a racial minority group or show	4381
personal disadvantage due to color, ethnic origin, gender,	4382
physical disability, long-term residence in an environment	4383
isolated from the mainstream of American society, location in an	4384
area of high unemployment;	4385

(ii) Some other demonstration of personal disadvantage not	4386
common to other small businesses;	4387

(iii) By business location in a qualified census tract.

4388

(c) Economic disadvantage based on economic and business size	4389
thresholds and eligibility criteria designed to stimulate economic	4390
development through contract awards to businesses located in	4391
qualified census tracts.	4392

(4) Establish standards to determine when an EDGE business	4393
enterprise no longer qualifies for EDGE business enterprise	4394
certification;	4395

(5) Develop a process for evaluating and adjusting goals	4396
established by this section to determine what adjustments are	4397
necessary to achieve participation goals established by the	4398
director;	4399

(6) Establish a point system to evaluate bid proposals to	4400
encourage EDGE business enterprises to participate in the	4401
procurement of professional design and information technology	4402
services;	4403

(7) Establish a system to track data and analyze each	4404
certification category established under division (B)(2)(b) of	4405
this section;	4406

(8) Establish a process to mediate complaints and to review	4407
EDGE business enterprise certification appeals;	4408

(9) Implement an outreach program to educate potential	4409
participants about the encouraging diversity, growth, and equity	4410
program;	4411

(10) Establish a system to assist state agencies in	4412
identifying and utilizing EDGE business enterprises in their	4413
contracting processes;	4414

(11) Implement a system of self-reporting by EDGE business	4415
enterprises as well as an on-site inspection process to validate	4416
the qualifications of an EDGE business enterprise;	4417

(12) Establish a waiver mechanism to waive program goals or	4418
participation requirements for those companies that, despite their	4419
best-documented efforts, are unable to contract with certified	4420
EDGE business enterprises;	4421

(13) Establish a process for monitoring overall program	4422
compliance in which equal employment opportunity officers	4423
primarily are responsible for monitoring their respective	4424
agencies.	4425

(C) Not later than December 31, 2003, the director of	4426
administrative services shall prepare a detailed report to the	4427
governor outlining and evaluating the progress made in	4428
implementing the encouraging diversity, growth, and equity	4429
program.	4430

Sec. 124.03. The state personnel board of review shall	4431
exercise the following powers and perform the following duties:	4432

(A) Hear appeals, as provided by law, of employees in the	4433
classified state service from final decisions of appointing	4434
authorities or the director of administrative services relative to	4435
reduction in pay or position, job abolishments, layoff,	4436
suspension, discharge, assignment or reassignment to a new or	4437
different position classification, or refusal of the director, or	4438
anybody authorized to perform the director's functions, to	4439
reassign an employee to another classification or to reclassify	4440
the employee's position with or without a job audit under division	4441
(D) of section 124.14 of the Revised Code. As used in this	4442
division, "discharge" includes disability separations. ~~The~~	4443

The board may affirm, disaffirm, or modify the decisions of	4444
the appointing authorities or the director, as the case may be,	4445
and its decision is final. The board's decisions shall be	4446
consistent with the applicable classification specifications. ~~The~~	4447

The board shall not be deprived of jurisdiction to hear any	4448
appeal due to the failure of an appointing authority to file its	4449
decision with the board. Any final decision of an appointing	4450
authority or of the director not filed in the manner provided in	4451
this chapter shall be disaffirmed. ~~The~~	4452

The board may place an exempt employee, as defined in section	4453
124.152 of the Revised Code, into a bargaining unit	4454
classification, if the board determines that the bargaining unit	4455
classification is the proper classification for that employee.	4456
Notwithstanding Chapter 4117. of the Revised Code or instruments	4457
and contracts negotiated under it, such placements are at the	4458
board's discretion.	4459

In any hearing before the board, including any hearing at	4460
which a record is taken that may be the basis of an appeal to a	4461
court, an employee may be represented by a person permitted to	4462
practice before the board who is not an attorney at law soas long	4463
as the person does not receive any compensation from the employee	4464
for ~~such~~the representation.	4465

(B) Hear appeals, as provided by law, of appointing	4466
authorities from final decisions of the director relative to the	4467
classification or reclassification of any position in the	4468
classified state service under the jurisdiction of ~~such~~that	4469
appointing authority. The board may affirm, disaffirm, or modify	4470
the decisions of the director, and its decision is final. The	4471
board's decisions shall be consistent with the applicable	4472
classification specifications.	4473

(C) Exercise the authority provided by section 124.40 of the	4474
Revised Code, for appointment, removal, and supervision of	4475
municipal and civil service township civil service commissions;	4476

(D) Appoint a secretary, referees, examiners, and whatever	4477
other employees are necessary in the exercise of its powers and	4478
performance of its duties and functions. The board shall determine	4479
appropriate education and experience requirements for its	4480
secretary, referees, examiners, and other employees and shall	4481
prescribe their duties. A referee or examiner does not need to	4482
have been admitted to the practice of law.	4483

(E) Maintain a journal ~~which~~that shall be open to public	4484
inspection, in which it shall keep a record of all of its	4485
proceedings and of the vote of each of its members upon every	4486
action taken by it;	4487

(F) Adopt rules in accordance with Chapter 119. of the	4488
Revised Code relating to the procedure of the board in	4489
administering the laws ~~which~~ it has the authority or duty to	4490
administer and for the purpose of invoking the jurisdiction of the	4491
board in hearing appeals of appointing authorities and employees	4492
in matters set forth in divisions (A) and (B) of this section;	4493

(G) Subpoena and require the attendance and testimony of	4494
witnesses and the production of books, papers, public records, and	4495
other documentary evidence pertinent to any matter ~~which~~ it has	4496
authority to investigate, inquire into, or hear in the same manner	4497
and to the same extent as provided by division (G) of section	4498
124.09 of the Revised Code. All witness fees shall be paid in the	4499
manner set forth in that division.	4500

(H) The board shall be funded by general revenue fund	4501
appropriations. All moneys received by the board for copies of	4502
documents, rule books, and transcriptions shall be paid into the	4503
state treasury to the credit of the transcript and other documents	4504
fund, which is hereby created to defray the cost of ~~furnishing or~~	4505
~~making available such copies, rule books, and transcriptions~~	4506
producing an administrative record.	4507

Sec. 124.15. (A) Board and commission members appointed	4508
prior to July 1, 1991, shall be paid a salary or wage in	4509
accordance with the following schedules of rates:	4510

Schedule B

4511

Pay Ranges and Step Values

4512

Range		Step 1	Step 2	Step 3	Step 4	4513
23	Hourly	5.72	5.91	6.10	6.31	4514
	Annually	11897.60	12292.80	12688.00	13124.80	4515
Step 5	Step 6				4516
	Hourly	6.52	6.75			4517
	Annually	13561.60	14040.00			4518
Step 1	Step 2	Step 3	Step 4		4519
24	Hourly	6.00	6.20	6.41	6.63	4520
	Annually	12480.00	12896.00	13332.80	13790.40	4521
Step 5	Step 6				4522
	Hourly	6.87	7.10			4523
	Annually	14289.60	14768.00			4524
Step 1	Step 2	Step 3	Step 4		4525
25	Hourly	6.31	6.52	6.75	6.99	4526
	Annually	13124.80	13561.60	14040.00	14539.20	4527
Step 5	Step 6				4528
	Hourly	7.23	7.41			4529
	Annually	15038.40	15412.80			4530
Step 1	Step 2	Step 3	Step 4		4531
26	Hourly	6.63	6.87	7.10	7.32	4532
	Annually	13790.40	14289.60	14768.00	15225.60	4533
Step 5	Step 6				4534
	Hourly	7.53	7.77			4535
	Annually	15662.40	16161.60			4536
Step 1	Step 2	Step 3	Step 4		4537
27	Hourly	6.99	7.23	7.41	7.64	4538
	Annually	14534.20	15038.40	15412.80	15891.20	4539
Step 5	Step 6	Step 7			4540
	Hourly	7.88	8.15	8.46		4541
	Annually	16390.40	16952.00	17596.80		4542
Step 1	Step 2	Step 3	Step 4		4543
28	Hourly	7.41	7.64	7.88	8.15	4544
	Annually	15412.80	15891.20	16390.40	16952.00	4545
Step 5	Step 6	Step 7			4546
	Hourly	8.46	8.79	9.15		4547
	Annually	17596.80	18283.20	19032.00		4548
Step 1	Step 2	Step 3	Step 4		4549
29	Hourly	7.88	8.15	8.46	8.79	4550
	Annually	16390.40	16952.00	17596.80	18283.20	4551
Step 5	Step 6	Step 7			4552
	Hourly	9.15	9.58	10.01		4553
	Annually	19032.00	19926.40	20820.80		4554
Step 1	Step 2	Step 3	Step 4		4555
30	Hourly	8.46	8.79	9.15	9.58	4556
	Annually	17596.80	18283.20	19032.00	19926.40	4557
Step 5	Step 6	Step 7			4558
	Hourly	10.01	10.46	10.99		4559
	Annually	20820.80	21756.80	22859.20		4560
Step 1	Step 2	Step 3	Step 4		4561
31	Hourly	9.15	9.58	10.01	10.46	4562
	Annually	19032.00	19962.40	20820.80	21756.80	4563
Step 5	Step 6	Step 7			4564
	Hourly	10.99	11.52	12.09		4565
	Annually	22859.20	23961.60	25147.20		4566
Step 1	Step 2	Step 3	Step 4		4567
32	Hourly	10.01	10.46	10.99	11.52	4568
	Annually	20820.80	21756.80	22859.20	23961.60	4569
Step 5	Step 6	Step 7	Step 8		4570
	Hourly	12.09	12.68	13.29	13.94	4571
	Annually	25147.20	26374.40	27643.20	28995.20	4572
Step 1	Step 2	Step 3	Step 4		4573
33	Hourly	10.99	11.52	12.09	12.68	4574
	Annually	22859.20	23961.60	25147.20	26374.40	4575
Step 5	Step 6	Step 7	Step 8		4576
	Hourly	13.29	13.94	14.63	15.35	4577
	Annually	27643.20	28995.20	30430.40	31928.00	4578
Step 1	Step 2	Step 3	Step 4		4579
34	Hourly	12.09	12.68	13.29	13.94	4580
	Annually	25147.20	26374.40	27643.20	28995.20	4581
Step 5	Step 6	Step 7	Step 8		4582
	Hourly	14.63	15.35	16.11	16.91	4583
	Annually	30430.40	31928.00	33508.80	35172.80	4584
Step 1	Step 2	Step 3	Step 4		4585
35	Hourly	13.29	13.94	14.63	15.35	4586
	Annually	27643.20	28995.20	30430.40	31928.00	4587
Step 5	Step 6	Step 7	Step 8		4588
	Hourly	16.11	16.91	17.73	18.62	4589
	Annually	33508.80	35172.80	36878.40	38729.60	4590
Step 1	Step 2	Step 3	Step 4		4591
36	Hourly	14.63	15.35	16.11	16.91	4592
	Annually	30430.40	31928.00	33508.80	35172.80	4593
Step 5	Step 6	Step 7	Step 8		4594
	Hourly	17.73	18.62	19.54	20.51	4595
	Annually	36878.40	38729.60	40643.20	42660.80	4596

Schedule C

4597

Pay Range and Values

4598

Range		Minimum	Maximum	4599
41 Hourly		10.44	15.72	4600
	Annually	21715.20	32697.60	4601
42 Hourly		11.51	17.35	4602
	Annually	23940.80	36088.00	4603
43 Hourly		12.68	19.12	4604
	Annually	26374.40	39769.60	4605
44 Hourly		13.99	20.87	4606
	Annually	29099.20	43409.60	4607
45 Hourly		15.44	22.80	4608
	Annually	32115.20	47424.00	4609
46 Hourly		17.01	24.90	4610
	Annually	35380.80	51792.00	4611
47 Hourly		18.75	27.18	4612
	Annually	39000.00	56534.40	4613
48 Hourly		20.67	29.69	4614
	Annually	42993.60	61755.20	4615
49 Hourly		22.80	32.06	4616
	Annually	47424.00	66684.80	4617

(B) The pay schedule of all employees shall be on a biweekly	4618
basis, with amounts computed on an hourly basis.	4619

(C) Part-time employees shall be compensated on an hourly	4620
basis for time worked, at the rates shown in division (A) of this	4621
section or in section 124.152 of the Revised Code.	4622

(D) The salary and wage rates in division (A) of this section	4623
or in section 124.152 of the Revised Code represent base rates of	4624
compensation and may be augmented by the provisions of section	4625
124.181 of the Revised Code. In those cases where lodging, meals,	4626
laundry, or other personal services are furnished an employee, the	4627
actual costs or fair market value of the personal services shall	4628
be paid by the employee in such amounts and manner as determined	4629
by the director of administrative services and approved by the	4630
director of budget and management, and those personal services	4631
shall not be considered as a part of the employee's compensation.	4632
An appointing authority, with the approval of the director of	4633
administrative services and the director of budget and management,	4634
may establish payments to employees for uniforms, tools,	4635
equipment, and other requirements of the department and payments	4636
for the maintenance of them.	4637

The director of administrative services may review collective	4638
bargaining agreements entered into under Chapter 4117. of the	4639
Revised Code that cover state employees and determine whether	4640
certain benefits or payments provided to state employees covered	4641
by those agreements should also be provided to employees who are	4642
exempt from collective bargaining coverage and are paid in	4643
accordance with section 124.152 of the Revised Code or are listed	4644
in division (B)(2) or (4) of section 124.14 of the Revised Code.	4645
On completing the review, the director of administrative services,	4646
with the approval of the director of budget and management, may	4647
provide to some or all of these employees any payment or benefit,	4648
except for salary, contained in such a collective bargaining	4649
agreement even if it is similar to a payment or benefit already	4650
provided by law to some or all of these employees. Any payment or	4651
benefit so provided shall not exceed the highest level for that	4652
payment or benefit specified in such a collective bargaining	4653
agreement. The director of administrative services shall not	4654
provide, and the director of budget and management shall not	4655
approve, any payment or benefit to such an employee under this	4656
division unless the payment or benefit is provided pursuant to a	4657
collective bargaining agreement to a state employee who is in a	4658
position with similar duties as, is supervised by, or is employed	4659
by the same appointing authority as, the employee to whom the	4660
benefit or payment is to be provided.	4661

As used in this division, "payment or benefit already	4662
provided by law" includes, but is not limited to, bereavement,	4663
personal, vacation, administrative, and sick leave, disability	4664
benefits, holiday pay, and pay supplements provided under the	4665
Revised Code, but does not include wages or salary.	4666

(E) New employees paid under schedule B of division (A) of	4667
this section or under schedule E-1 of section 124.152 of the	4668
Revised Code shall be employed at the minimum rate established for	4669
the range unless otherwise provided. Employees with qualifications	4670
that are beyond the minimum normally required for the position and	4671
that are determined by the director to be exceptional may be	4672
employed in, or may be transferred or promoted to, a position at	4673
an advanced step of the range. Further, in time of a serious labor	4674
market condition when it is relatively impossible to recruit	4675
employees at the minimum rate for a particular classification, the	4676
entrance rate may be set at an advanced step in the range by the	4677
director of administrative services. This rate may be limited to	4678
geographical regions of the state. Appointments made to an	4679
advanced step under the provision regarding exceptional	4680
qualifications shall not affect the step assignment of employees	4681
already serving. However, anytime the hiring rate of an entire	4682
classification is advanced to a higher step, all incumbents of	4683
that classification being paid at a step lower than that being	4684
used for hiring, shall be advanced beginning at the start of the	4685
first pay period thereafter to the new hiring rate, and any time	4686
accrued at the lower step will be used to calculate advancement to	4687
a succeeding step. If the hiring rate of a classification is	4688
increased for only a geographical region of the state, only	4689
incumbents who work in that geographical region shall be advanced	4690
to a higher step. When an employee in the unclassified service	4691
changes from one state position to another or is appointed to a	4692
position in the classified service, or if an employee in the	4693
classified service is appointed to a position in the unclassified	4694
service, the employee's salary or wage in the new position shall	4695
be determined in the same manner as if the employee were an	4696
employee in the classified service. When an employee in the	4697
unclassified service who is not eligible for step increases is	4698
appointed to a classification in the classified service under	4699
which step increases are provided, future step increases shall be	4700
based on the date on which the employee last received a pay	4701
increase. If the employee has not received an increase during the	4702
previous year, the date of the appointment to the classified	4703
service shall be used to determine the employee's annual step	4704
advancement eligibility date. In reassigning any employee to a	4705
classification resulting in a pay range increase or to a new pay	4706
range as a result of a promotion, an increase pay range	4707
adjustment, or other classification change resulting in a pay	4708
range increase, the director shall assign such employee to the	4709
step in the new pay range that will provide an increase of	4710
approximately four per cent if the new pay range can accommodate	4711
the increase. When an employee is being assigned to a	4712
classification or new pay range as the result of a class plan	4713
change, if the employee has completed a probationary period, the	4714
employee shall be placed in a step no lower than step two of the	4715
new pay range. If the employee has not completed a probationary	4716
period, the employee may be placed in step one of the new pay	4717
range. Such new salary or wage shall become effective on such date	4718
as the director determines.	4719

(F) If employment conditions and the urgency of the work	4720
require such action, the director of administrative services may,	4721
upon the application of a department head, authorize payment at	4722
any rate established within the range for the class of work, for	4723
work of a casual or intermittent nature or on a project basis.	4724
Payment at such rates shall not be made to the same individual for	4725
more than three calendar months in any one calendar year. Any such	4726
action shall be subject to the approval of the director of budget	4727
and management as to the availability of funds. This section and	4728
sections 124.14 and 124.152 of the Revised Code do not repeal any	4729
authority of any department or public official to contract with or	4730
fix the compensation of professional persons who may be employed	4731
temporarily for work of a casual nature or for work on a project	4732
basis.	4733

(G) ~~Each~~(1) Except as provided in division (G)(2) of this	4734
section, each state employee paid under schedule B of this section	4735
or under schedule E-1 of section 124.152 of the Revised Code shall	4736
be eligible for advancement to succeeding steps in the range for	4737
the employee's class according to the schedule established in this	4738
division. Beginning on the first day of the pay period within	4739
which the employee completes the prescribed probationary period in	4740
the employee's classification with the state, each employee shall	4741
receive an automatic salary adjustment equivalent to the next	4742
higher step within the pay range for the employee's class or	4743
grade.	4744

Each employee paid under schedule E-1 of section 124.152 of	4745
the Revised Code shall be eligible to advance to the next higher	4746
step until the employee reaches step six, if the employee has	4747
maintained satisfactory performance in accordance with criteria	4748
established by the employee's appointing authority. Those step	4749
~~increases~~advancements shall not occur more frequently than once	4750
in any twelve-month period. An employee only may advance to step	4751
seven upon performing at an exemplary level as determined in the	4752
employee's performance evaluation. An employee's advancement to	4753
step seven is at the discretion of the employee's appointing	4754
authority. An employee may not appeal the denial of advancement to	4755
step seven to the state personnel board of review.	4756

When an employee is promoted or reassigned to a higher pay	4757
range, the employee's step indicator shall return to "0" or be	4758
adjusted to account for a probationary period, as appropriate.	4759
Step advancement shall not be affected by demotion. A promoted	4760
employee shall advance to the next higher step of the pay range on	4761
the first day of the pay period in which the required probationary	4762
period is completed. Step advancement shall become effective at	4763
the beginning of the pay period within which the employee attains	4764
the necessary length of service. Time spent on authorized leave of	4765
absence shall be counted for this purpose.	4766

If determined to be in the best interest of the state	4767
service, the director of administrative services may, either	4768
statewide or in selected agencies, adjust the dates on which	4769
annual step ~~increases~~advancements are received by employees paid	4770
under schedule E-1 of section 124.152 of the Revised Code.	4771

(2)(a)(i) Except as provided in division (G)(2)(a)(ii) of	4772
this section, there shall be a moratorium on step advancements	4773
under division (G)(1) of this section from the pay period	4774
beginning June 29, 2003, through the pay period ending June 25,	4775
2005. Step advancements shall resume with the pay period beginning	4776
June 26, 2005. Upon the resumption of step advancements, there	4777
shall be no retroactive step advancements for the period the	4778
moratorium was in effect. The moratorium shall not affect an	4779
employee's performance evaluation schedule.	4780

(ii) During the moratorium under division (G)(2)(a)(i) of	4781
this section, an employee who is hired or promoted and serves a	4782
probationary period in the employee's new position shall advance	4783
to the next step in the employee's pay range upon successful	4784
completion of the employee's probationary period. Thereafter, the	4785
employee is subject to the moratorium.	4786

(b) The moratorium under division (G)(2)(a)(i) of this	4787
section shall apply to the employees of the secretary of state,	4788
the auditor of state, the treasurer of state, and the attorney	4789
general, who are subject to this section unless the secretary of	4790
state, the auditor of state, the treasurer of state, or the	4791
attorney general decides to exempt the office's employees from the	4792
moratorium and so notifies the director of administrative services	4793
in writing on or before July 1, 2003.	4794

(H) Employees in appointive managerial or professional	4795
positions paid under salary schedule C of this section or under	4796
salary schedule E-2 of section 124.152 of the Revised Code may be	4797
appointed at any rate within the appropriate pay range. This rate	4798
of pay may be adjusted higher or lower within the respective pay	4799
range at any time the appointing authority so desires as long as	4800
the adjustment is based on the employee's ability to successfully	4801
administer those duties assigned to the employee. Salary	4802
adjustments shall not be made more frequently than once in any	4803
six-month period under this provision to incumbents holding the	4804
same position and classification.	4805

(I) When an employee is assigned to duty outside this state,	4806
the employee may be compensated, upon request of the department	4807
head and with the approval of the director of administrative	4808
services, at a rate not to exceed fifty per cent in excess of the	4809
employee's current base rate for the period of time spent on that	4810
duty.	4811

(J) Unless compensation for members of a board or commission	4812
is otherwise specifically provided by law, the director of	4813
administrative services shall establish the rate and method of	4814
payment for members of boards and commissions pursuant to the pay	4815
schedules listed in section 124.152 of the Revised Code.	4816

(K) Regular full-time employees in positions assigned to	4817
classes within the instruction and education administration series	4818
under the rules of the director of administrative services, except	4819
certificated employees on the instructional staff of the state	4820
school for the blind or the state school for the deaf, whose	4821
positions are scheduled to work on the basis of an academic year	4822
rather than a full calendar year, shall be paid according to the	4823
pay range assigned by such rules but only during those pay periods	4824
included in the academic year of the school where the employee is	4825
located.	4826

(1) Part-time or substitute teachers or those whose period of	4827
employment is other than the full academic year shall be	4828
compensated for the actual time worked at the rate established by	4829
this section.	4830

(2) Employees governed by this division are exempt from	4831
sections 124.13 and 124.19 of the Revised Code.	4832

(3) Length of service for the purpose of determining	4833
eligibility for step ~~increases~~advancements as provided by	4834
division (G) of this section and for the purpose of determining	4835
eligibility for longevity pay supplements as provided by division	4836
~~(F)~~(E) of section 124.181 of the Revised Code shall be computed on	4837
the basis of one full year of service for the completion of each	4838
academic year.	4839

(L) The superintendent of the state school for the deaf and	4840
the superintendent of the state school for the blind shall,	4841
subject to the approval of the superintendent of public	4842
instruction, carry out both of the following:	4843

(1) Annually, between the first day of April and the last day	4844
of June, establish for the ensuing fiscal year a schedule of	4845
hourly rates for the compensation of each certificated employee on	4846
the instructional staff of that superintendent's respective school	4847
constructed as follows:	4848

(a) Determine for each level of training, experience, and	4849
other professional qualification for which an hourly rate is set	4850
forth in the current schedule, the per cent that rate is of the	4851
rate set forth in such schedule for a teacher with a bachelor's	4852
degree and no experience. If there is more than one such rate for	4853
such a teacher, the lowest rate shall be used to make the	4854
computation.	4855

(b) Determine which six city, local, and exempted village	4856
school districts with territory in Franklin county have in effect	4857
on, or have adopted by, the first day of April for the school year	4858
that begins on the ensuing first day of July, teacher salary	4859
schedules with the highest minimum salaries for a teacher with a	4860
bachelor's degree and no experience;	4861

(c) Divide the sum of such six highest minimum salaries by	4862
ten thousand five hundred sixty;	4863

(d) Multiply each per cent determined in division (L)(1)(a)	4864
of this section by the quotient obtained in division (L)(1)(c) of	4865
this section;	4866

(e) One hundred five per cent of each product thus obtained	4867
shall be the hourly rate for the corresponding level of training,	4868
experience, or other professional qualification in the schedule	4869
for the ensuing fiscal year.	4870

(2) Annually, assign each certificated employee on the	4871
instructional staff of the superintendent's respective school to	4872
an hourly rate on the schedule that is commensurate with the	4873
employee's training, experience, and other professional	4874
qualifications.	4875

If an employee is employed on the basis of an academic year,	4876
the employee's annual salary shall be calculated by multiplying	4877
the employee's assigned hourly rate times one thousand seven	4878
hundred sixty. If an employee is not employed on the basis of an	4879
academic year, the employee's annual salary shall be calculated in	4880
accordance with the following formula:	4881

(a) Multiply the number of days the employee is required to	4882
work pursuant to the employee's contract by eight;	4883

(b) Multiply the product of division (L)(2)(a) of this	4884
section by the employee's assigned hourly rate.	4885

Each employee shall be paid an annual salary in biweekly	4886
installments. The amount of each installment shall be calculated	4887
by dividing the employee's annual salary by the number of biweekly	4888
installments to be paid during the year.	4889

Sections 124.13 and 124.19 of the Revised Code do not apply	4890
to an employee who is paid under this division.	4891

As used in this division, "academic year" means the number of	4892
days in each school year that the schools are required to be open	4893
for instruction with pupils in attendance. Upon completing an	4894
academic year, an employee paid under this division shall be	4895
deemed to have completed one year of service. An employee paid	4896
under this division is eligible to receive a pay supplement under	4897
division (L)(1), (2), or (3) of section 124.181 of the Revised	4898
Code for which the employee qualifies, but is not eligible to	4899
receive a pay supplement under division (L)(4) or (5) of that	4900
section. An employee paid under this division is eligible to	4901
receive a pay supplement under division (L)(6) of section 124.181	4902
of the Revised Code for which the employee qualifies, except that	4903
the supplement is not limited to a maximum of five per cent of the	4904
employee's regular base salary in a calendar year.	4905

(M) Division (A) of this section does not apply to "exempt	4906
employees," as defined in section 124.152 of the Revised Code, who	4907
are paid under that section.	4908

Notwithstanding any other provisions of this chapter, when an	4909
employee transfers between bargaining units or transfers out of or	4910
into a bargaining unit, the director shall establish the	4911
employee's compensation and adjust the maximum leave accrual	4912
schedule as the director deems equitable.	4913

Sec. 124.152. (A) ~~Beginning on the first day of the pay~~	4914
~~period that includes July 1, 2000, each exempt employee shall be~~	4915
~~paid a salary or wage in accordance with the following schedule of~~	4916
~~rates:~~	4917

~~Schedule E-1~~

4918

~~Pay Ranges and Step Values~~

4919

		~~Step~~	~~Step~~	~~Step~~	~~Step~~	~~Step~~	~~Step~~	~~Step~~	4920
	~~Range~~	1	2	3	4	5	6	7	4921
1	~~Hourly~~	~~8.15~~	~~8.51~~	~~8.88~~	~~9.27~~				4922
	~~Annually~~	~~16952~~	~~17701~~	~~18470~~	~~19282~~				4923
2	~~Hourly~~	~~9.88~~	~~10.30~~	~~10.75~~	~~11.23~~				4924
	~~Annually~~	~~20550~~	~~21424~~	~~22360~~	~~23358~~				4925
3	~~Hourly~~	~~10.35~~	~~10.82~~	~~11.29~~	~~11.79~~				4926
	~~Annually~~	~~21528~~	~~22506~~	~~23483~~	~~24523~~				4927
4	~~Hourly~~	~~10.87~~	~~11.36~~	~~11.90~~	~~12.43~~				4928
	~~Annually~~	~~22610~~	~~23629~~	~~24752~~	~~25854~~				4929
5	~~Hourly~~	~~11.41~~	~~11.93~~	~~12.43~~	~~12.98~~				4930
	~~Annually~~	~~23733~~	~~24814~~	~~25854~~	~~26998~~				4931
6	~~Hourly~~	~~12.02~~	~~12.51~~	~~13.07~~	~~13.60~~				4932
	~~Annually~~	~~25002~~	~~26021~~	~~27186~~	~~28288~~				4933
7	~~Hourly~~	~~12.76~~	~~13.25~~	~~13.78~~	~~14.26~~	~~14.81~~			4934
	~~Annually~~	~~26541~~	~~27560~~	~~28662~~	~~29661~~	~~30805~~			4935
8	~~Hourly~~	~~13.50~~	~~14.09~~	~~14.71~~	~~15.35~~	~~16.01~~			4936
	~~Annually~~	~~28080~~	~~29307~~	~~30597~~	~~31928~~	~~33301~~			4937
9	~~Hourly~~	~~14.40~~	~~15.14~~	~~15.89~~	~~16.68~~	~~17.53~~			4938
	~~Annually~~	~~29952~~	~~31491~~	~~33051~~	~~34694~~	~~36462~~			4939
10	~~Hourly~~	~~15.54~~	~~16.38~~	~~17.27~~	~~18.25~~	~~19.23~~			4940
	~~Annually~~	~~32323~~	~~34070~~	~~35922~~	~~37960~~	~~39998~~			4941
11	~~Hourly~~	~~16.91~~	~~17.90~~	~~18.94~~	~~20.00~~	~~21.14~~			4942
	~~Annually~~	~~35173~~	~~37232~~	~~39395~~	~~41600~~	~~43971~~			4943
12	~~Hourly~~	~~18.66~~	~~19.70~~	~~20.76~~	~~21.91~~	~~23.13~~	~~24.40~~	~~25.74~~	4944
	~~Annually~~	~~38813~~	~~40976~~	~~43181~~	~~45573~~	~~48110~~	~~50752~~	~~53539~~	4945
13	~~Hourly~~	~~20.56~~	~~21.69~~	~~22.88~~	~~24.11~~	~~25.46~~	~~26.85~~	~~28.33~~	4946
	~~Annually~~	~~42765~~	~~45115~~	~~47590~~	~~50149~~	~~52957~~	~~55848~~	~~58926~~	4947
14	~~Hourly~~	~~22.62~~	~~23.89~~	~~25.18~~	~~26.56~~	~~28.06~~	~~29.61~~	~~31.24~~	4948
	~~Annually~~	~~47050~~	~~49691~~	~~52374~~	~~55245~~	~~58365~~	~~61589~~	~~64979~~	4949
15	~~Hourly~~	~~24.84~~	~~26.23~~	~~27.72~~	~~29.25~~	~~30.86~~	~~32.57~~	~~34.36~~	4950
	~~Annually~~	~~51667~~	~~54558~~	~~57658~~	~~60840~~	~~64189~~	~~67746~~	~~71469~~	4951
16	~~Hourly~~	~~27.39~~	~~28.91~~	~~30.51~~	~~32.21~~	~~33.99~~	~~35.92~~	~~37.90~~	4952
	~~Annually~~	~~56971~~	~~60133~~	~~63461~~	~~66997~~	~~70699~~	~~74714~~	~~78832~~	4953
17	~~Hourly~~	~~30.18~~	~~31.85~~	~~33.63~~	~~35.49~~	~~37.47~~	~~39.56~~	~~41.74~~	4954
	~~Annually~~	~~62774~~	~~66248~~	~~69950~~	~~73819~~	~~77938~~	~~82285~~	~~86819~~	4955
18	~~Hourly~~	~~33.26~~	~~35.10~~	~~37.07~~	~~39.12~~	~~41.28~~	~~43.59~~	~~45.99~~	4956
	~~Annually~~	~~69181~~	~~73008~~	~~77106~~	~~81370~~	~~85862~~	~~90667~~	~~95659~~	4957

~~Schedule E-2~~

4958

	~~Range~~	~~Minimum~~	~~Maximum~~	4959
41	~~Hourly~~	~~16.23~~	~~30.15~~	4960
	~~Annually~~	~~33758~~	~~62712~~	4961
42	~~Hourly~~	~~17.89~~	~~33.31~~	4962
	~~Annually~~	~~37211~~	~~69285~~	4963
43	~~Hourly~~	~~19.70~~	~~36.69~~	4964
	~~Annually~~	~~40976~~	~~76315~~	4965
44	~~Hourly~~	~~21.73~~	~~40.07~~	4966
	~~Annually~~	~~45198~~	~~83346~~	4967
45	~~Hourly~~	~~24.01~~	~~43.75~~	4968
	~~Annually~~	~~49941~~	~~91000~~	4969
46	~~Hourly~~	~~26.43~~	~~47.81~~	4970
	~~Annually~~	~~54974~~	~~99445~~	4971
47	~~Hourly~~	~~29.14~~	~~52.17~~	4972
	~~Annually~~	~~60611~~	~~108514~~	4973
48	~~Hourly~~	~~32.14~~	~~56.94~~	4974
	~~Annually~~	~~66851~~	~~118435~~	4975
49	~~Hourly~~	~~35.44~~	~~61.48~~	4976
	~~Annually~~	~~73715~~	~~127878~~	4977

~~(B) Beginning on the first day of the pay period that~~	4978
~~includes July 1, 2001, each exempt employee shall be paid a salary~~	4979
~~or wage in accordance with the following schedule of rates:~~	4980

~~Schedule E-1~~

4981

~~Pay Ranges and Step Values~~

4982

		~~Step~~	~~Step~~	~~Step~~	~~Step~~	~~Step~~	~~Step~~	~~Step~~	4983
	~~Range~~	1	2	3	4	5	6	7	4984
1	~~Hourly~~	~~8.44~~	~~8.81~~	~~9.19~~	~~9.59~~				4985
	~~Annually~~	~~17555~~	~~18325~~	~~19115~~	~~19947~~				4986
2	~~Hourly~~	~~10.23~~	~~10.66~~	~~11.13~~	~~11.62~~				4987
	~~Annually~~	~~21278~~	~~22173~~	~~23150~~	~~24170~~				4988
3	~~Hourly~~	~~10.71~~	~~11.20~~	~~11.69~~	~~12.20~~				4989
	~~Annually~~	~~22277~~	~~23296~~	~~24315~~	~~25376~~				4990
4	~~Hourly~~	~~11.25~~	~~11.76~~	~~12.32~~	~~12.87~~				4991
	~~Annually~~	~~23400~~	~~24461~~	~~25626~~	~~26770~~				4992
5	~~Hourly~~	~~11.81~~	~~12.35~~	~~12.87~~	~~13.43~~				4993
	~~Annually~~	~~24565~~	~~25688~~	~~26770~~	~~27934~~				4994
6	~~Hourly~~	~~12.44~~	~~12.95~~	~~13.53~~	~~14.08~~				4995
	~~Annually~~	~~25875~~	~~26936~~	~~28142~~	~~29286~~				4996
7	~~Hourly~~	~~13.21~~	~~13.71~~	~~14.26~~	~~14.76~~	~~15.33~~			4997
	~~Annually~~	~~27477~~	~~28517~~	~~29661~~	~~30701~~	~~31886~~			4998
8	~~Hourly~~	~~13.97~~	~~14.58~~	~~15.22~~	~~15.89~~	~~16.57~~			4999
	~~Annually~~	~~29058~~	~~30326~~	~~31658~~	~~33051~~	~~34466~~			5000
9	~~Hourly~~	~~14.90~~	~~15.67~~	~~16.45~~	~~17.26~~	~~18.14~~			5001
	~~Annually~~	~~30992~~	~~32594~~	~~34216~~	~~35901~~	~~37731~~			5002
10	~~Hourly~~	~~16.08~~	~~16.95~~	~~17.87~~	~~18.89~~	~~19.90~~			5003
	~~Annually~~	~~33446~~	~~35256~~	~~37170~~	~~39291~~	~~41392~~			5004
11	~~Hourly~~	~~17.50~~	~~18.53~~	~~19.60~~	~~20.70~~	~~21.88~~			5005
	~~Annually~~	~~36400~~	~~38542~~	~~40768~~	~~43056~~	~~45510~~			5006
12	~~Hourly~~	~~19.31~~	~~20.39~~	~~21.49~~	~~22.68~~	~~23.94~~	~~25.25~~	~~26.64~~	5007
	~~Annually~~	~~40165~~	~~42411~~	~~44699~~	~~47174~~	~~49795~~	~~52520~~	~~55411~~	5008
13	~~Hourly~~	~~21.28~~	~~22.45~~	~~23.68~~	~~24.95~~	~~26.35~~	~~27.79~~	~~29.32~~	5009
	~~Annually~~	~~44262~~	~~46696~~	~~49254~~	~~51896~~	~~54808~~	~~57803~~	~~60986~~	5010
14	~~Hourly~~	~~23.41~~	~~24.73~~	~~26.06~~	~~27.49~~	~~29.04~~	~~30.65~~	~~32.33~~	5011
	~~Annually~~	~~48693~~	~~51438~~	~~54205~~	~~57179~~	~~60403~~	~~63752~~	~~67246~~	5012
15	~~Hourly~~	~~25.71~~	~~27.15~~	~~28.69~~	~~30.27~~	~~31.94~~	~~33.71~~	~~35.56~~	5013
	~~Annually~~	~~53477~~	~~56472~~	~~59675~~	~~62962~~	~~66435~~	~~70117~~	~~73965~~	5014
16	~~Hourly~~	~~28.35~~	~~29.92~~	~~31.58~~	~~33.34~~	~~35.18~~	~~37.18~~	~~39.23~~	5015
	~~Annually~~	~~58968~~	~~62234~~	~~65686~~	~~69347~~	~~73174~~	~~77334~~	~~81598~~	5016
17	~~Hourly~~	~~31.24~~	~~32.96~~	~~34.81~~	~~36.73~~	~~38.78~~	~~40.94~~	~~43.20~~	5017
	~~Annually~~	~~64979~~	~~68557~~	~~72405~~	~~76398~~	~~80662~~	~~85155~~	~~89856~~	5018
18	~~Hourly~~	~~34.42~~	~~36.33~~	~~38.37~~	~~40.49~~	~~42.72~~	~~45.12~~	~~47.60~~	5019
	~~Annually~~	~~71594~~	~~75566~~	~~79810~~	~~84219~~	~~88858~~	~~93850~~	~~99008~~	5020

~~Schedule E-2~~

5021

	~~Range~~	~~Minimum~~	~~Maximum~~	5022
41	~~Hourly~~	~~16.23~~	~~31.21~~	5023
	~~Annually~~	~~33758~~	~~64917~~	5024
42	~~Hourly~~	~~17.89~~	~~34.48~~	5025
	~~Annually~~	~~37211~~	~~71718~~	5026
43	~~Hourly~~	~~19.70~~	~~37.97~~	5027
	~~Annually~~	~~40976~~	~~78978~~	5028
44	~~Hourly~~	~~21.73~~	~~41.47~~	5029
	~~Annually~~	~~45198~~	~~86258~~	5030
45	~~Hourly~~	~~24.01~~	~~45.28~~	5031
	~~Annually~~	~~49941~~	~~94182~~	5032
46	~~Hourly~~	~~26.43~~	~~49.48~~	5033
	~~Annually~~	~~54974~~	~~102918~~	5034
47	~~Hourly~~	~~29.14~~	~~54.00~~	5035
	~~Annually~~	~~60611~~	~~112320~~	5036
48	~~Hourly~~	~~32.14~~	~~58.93~~	5037
	~~Annually~~	~~66851~~	~~122574~~	5038
49	~~Hourly~~	~~35.44~~	~~63.63~~	5039
	~~Annually~~	~~73715~~	~~132350~~	5040

~~(C)~~ Beginning on the first day of the pay period that	5041
includes July 1, 2002, each exempt employee shall be paid a salary	5042
or wage in accordance with the following schedule of rates:	5043

Schedule E-1

5044

Pay Ranges and Step Values

5045

		Step	Step	Step	Step	Step	Step	Step	5046
	Range	1	2	3	4	5	6	7	5047
1	Hourly	8.78	9.16	9.56	9.97				5048
	Annually	18262	19053	19885	20738				5049
2	Hourly	10.64	11.09	11.58	12.08				5050
	Annually	22131	23067	24086	25126				5051
3	Hourly	11.14	11.65	12.16	12.69				5052
	Annually	23171	24232	25293	26395				5053
4	Hourly	11.70	12.23	12.81	13.38				5054
	Annually	24336	25438	26645	27830				5055
5	Hourly	12.28	12.84	13.38	13.97				5056
	Annually	25542	26707	27830	29058				5057
6	Hourly	12.94	13.47	14.07	14.64				5058
	Annually	26915	28018	29266	30451				5059
7	Hourly	13.74	14.26	14.83	15.35	15.94			5060
	Annually	28579	29661	30846	31928	33155			5061
8	Hourly	14.53	15.16	15.83	16.53	17.23			5062
	Annually	30222	31533	32926	34382	35838			5063
9	Hourly	15.50	16.30	17.11	17.95	18.87			5064
	Annually	32240	33904	35589	37336	39250			5065
10	Hourly	16.72	17.63	18.58	19.65	20.70			5066
	Annually	34778	36670	38646	40872	43056			5067
11	Hourly	18.20	19.27	20.38	21.53	22.76			5068
	Annually	37856	40082	42390	44782	47341			5069
12	Hourly	20.08	21.21	22.35	23.59	24.90	26.26	27.71	5070
	Annually	41766	44117	46488	49067	51792	54621	57637	5071
13	Hourly	22.13	23.35	24.63	25.95	27.40	28.90	30.49	5072
	Annually	46030	48568	51230	53976	56992	60112	63419	5073
14	Hourly	24.35	25.72	27.10	28.59	30.20	31.88	33.62	5074
	Annually	50648	53498	56368	59467	62816	66310	69930	5075
15	Hourly	26.74	28.24	29.84	31.48	33.22	35.06	36.98	5076
	Annually	55619	58739	62067	65478	69098	72925	76918	5077
16	Hourly	29.48	31.12	32.84	34.67	36.59	38.67	40.80	5078
	Annually	61318	64730	68307	72114	76107	80434	84864	5079
17	Hourly	32.49	34.28	36.20	38.20	40.33	42.58	44.93	5080
	Annually	67579	71302	75296	79456	83886	88566	93454	5081
18	Hourly	35.80	37.78	39.90	42.11	44.43	46.92	49.50	5082
	Annually	74464	78582	82992	87589	92414	97594	102960	5083

Schedule E-2

5084

	Range	Minimum	Maximum	5085
41	Hourly	16.23	32.46	5086
	Annually	33758	67517	5087
42	Hourly	17.89	35.86	5088
	Annually	37211	74589	5089
43	Hourly	19.70	39.49	5090
	Annually	40976	82139	5091
44	Hourly	21.73	43.13	5092
	Annually	45198	89710	5093
45	Hourly	24.01	47.09	5094
	Annually	49941	97947	5095
46	Hourly	26.43	51.46	5096
	Annually	54974	107037	5097
47	Hourly	29.14	56.16	5098
	Annually	60611	116813	5099
48	Hourly	32.14	61.29	5100
	Annually	66851	127483	5101
49	Hourly	35.44	66.18	5102
	Annually	73715	137654	5103

~~(D)~~(B) Beginning on the first day of the pay period that	5104
includes July 1, 2005, each exempt employee shall be paid a salary	5105
or wage in accordance with the following schedule of rates:	5106

Schedule E-1

5107

Pay Ranges and Step Values

5108

		Step	Step	Step	Step	Step	Step	Step	5109
	Range	1	2	3	4	5	6	7	5110
1	Hourly	9.13	9.53	9.94	10.37				5111
	Annually	18990	19822	20675	21570				5112
2	Hourly	11.07	11.53	12.04	12.56				5113
	Annually	23026	23982	25043	26125				5114
3	Hourly	11.59	12.12	12.65	13.20				5115
	Annually	24107	25210	26312	27456				5116
4	Hourly	12.17	12.72	13.32	13.92				5117
	Annually	25314	26458	27706	28954				5118
5	Hourly	12.77	13.35	13.92	14.53				5119
	Annually	26562	27768	28954	30222				5120
6	Hourly	13.46	14.01	14.63	15.23				5121
	Annually	27997	29141	30430	31678				5122
7	Hourly	14.29	14.83	15.42	15.96	16.58			5123
	Annually	29723	30846	32074	33197	34486			5124
8	Hourly	15.11	15.77	16.46	17.19	17.92			5125
	Annually	31429	32802	34237	35755	37274			5126
9	Hourly	16.12	16.95	17.79	18.67	19.62			5127
	Annually	33530	35256	37003	38834	40810			5128
10	Hourly	17.39	18.34	19.32	20.44	21.53			5129
	Annually	36171	38147	40186	42515	44782			5130
11	Hourly	18.93	20.04	21.20	22.39	23.67			5131
	Annually	39374	41683	44096	46571	49234			5132
12	Hourly	20.88	22.06	23.24	24.53	25.90	27.31	28.82	5133
	Annually	43430	45885	48339	51022	53872	56805	59946	5134
13	Hourly	23.02	24.28	25.62	26.99	28.50	30.06	31.71	5135
	Annually	47882	50502	53290	56139	59280	62525	65957	5136
14	Hourly	25.32	26.75	28.18	29.73	31.41	33.16	34.96	5137
	Annually	52666	55640	58614	61838	65333	68973	72717	5138
15	Hourly	27.81	29.37	31.03	32.74	34.55	36.46	38.46	5139
	Annually	57845	61090	64542	68099	71864	75837	79997	5140
16	Hourly	30.66	32.36	34.15	36.06	38.05	40.22	42.43	5141
	Annually	63773	67309	71032	75005	79144	83658	88254	5142
17	Hourly	33.79	35.65	37.65	39.73	41.94	44.28	46.73	5143
	Annually	70283	74152	78312	82638	87235	92102	97198	5144
18	Hourly	37.23	39.29	41.50	43.79	46.21	48.80	51.48	5145
	Annually	77438	81723	86320	91083	96117	101504	107078	5146

Schedule E-2

5147

	Range	Minimum	Maximum	5148
41	Hourly	16.23	33.76	5149
	Annually	33758	70221	5150
42	Hourly	17.89	37.29	5151
	Annually	37211	77563	5152
43	Hourly	19.70	41.07	5153
	Annually	40976	85426	5154
44	Hourly	21.73	44.86	5155
	Annually	45198	93309	5156
45	Hourly	24.01	48.97	5157
	Annually	49941	101858	5158
46	Hourly	26.43	53.52	5159
	Annually	54974	111322	5160
47	Hourly	29.14	58.41	5161
	Annually	60611	121493	5162
48	Hourly	32.14	63.74	5163
	Annually	66851	132579	5164
49	Hourly	35.44	68.83	5165
	Annually	73715	143166	5166

(C) As used in this section, "exempt employee" means a	5167
permanent full-time or permanent part-time employee paid directly	5168
by warrant of the auditor of state whose position is included in	5169
the job classification plan established under division (A) of	5170
section 124.14 of the Revised Code but who is not considered a	5171
public employee for the purposes of Chapter 4117. of the Revised	5172
Code. As used in this section, "exempt employee" also includes a	5173
permanent full-time or permanent part-time employee of the	5174
secretary of state, auditor of state, treasurer of state, or	5175
attorney general who has not been placed in an appropriate	5176
bargaining unit by the state employment relations board.	5177

Sec. 124.181. (A) Except as provided in division (M) of this	5178
section, any employee paid under schedule B of section 124.15 or	5179
under schedule E-1 of section 124.152 of the Revised Code is	5180
eligible for the pay supplements provided in this section upon	5181
application by the appointing authority substantiating the	5182
employee's qualifications for the supplement and with the approval	5183
of the director of administrative services except as provided in	5184
division (E) of this section.	5185

(B) InExcept as provided in section 124.183 of the Revised	5186
Code, in computing any of the pay supplements provided in this	5187
section, the classification salary base shall be the minimum	5188
hourly rate of the pay range, provided in section 124.15 or	5189
124.152 of the Revised Code, in which the employee is assigned at	5190
the time of computation.	5191

(C) The effective date of any pay supplement, except as	5192
provided in section 124.183 of the Revised Code or unless	5193
otherwise provided in this section, shall be determined by the	5194
director.	5195

(D) The director shall, by rule, establish standards	5196
regarding the administration of this section.	5197

(E)(1) Except as otherwise provided in this division,	5198
beginning on the first day of the pay period within which the	5199
employee completes five years of total service with the state	5200
government or any of its political subdivisions, each employee in	5201
positions paid under salary schedule B of section 124.15 or under	5202
salary schedule E-1 of section 124.152 of the Revised Code shall	5203
receive an automatic salary adjustment equivalent to two and	5204
one-half per cent of the classification salary base, to the	5205
nearest whole cent. Each employee shall receive thereafter an	5206
annual adjustment equivalent to one-half of one per cent of the	5207
employee's classification salary base, to the nearest whole cent,	5208
for each additional year of qualified employment until a maximum	5209
of ten per cent of the employee's classification salary base is	5210
reached. The granting of longevity adjustments shall not be	5211
affected by promotion, demotion, or other changes in	5212
classification held by the employee, nor by any change in pay	5213
range for the employee's class. Longevity pay adjustments shall	5214
become effective at the beginning of the pay period within which	5215
the employee completes the necessary length of service, except	5216
that when an employee requests credit for prior service, the	5217
effective date of the prior service credit and of any longevity	5218
adjustment shall be the first day of the pay period following	5219
approval of the credit by the director of administrative services.	5220
No employee, other than an employee who submits proof of prior	5221
service within ninety days after the date of the employee's	5222
hiring, shall receive any longevity adjustment for the period	5223
prior to the director's approval of a prior service credit. Time	5224
spent on authorized leave of absence shall be counted for this	5225
purpose.	5226

(2) An employee who has retired in accordance with the	5227
provisions of any retirement system offered by the state and who	5228
is employed by the state or any political subdivision of the state	5229
on or after June 24, 1987, shall not have prior service with the	5230
state or any political subdivision of the state counted for the	5231
purpose of determining the amount of the salary adjustment	5232
provided under this division.	5233

(3) There shall be a moratorium on employees' receipt under	5234
this division of credit for service with the state government or	5235
any of its political subdivisions during the period from July 1,	5236
2003, through June 30, 2005. In calculating the number of years of	5237
total service under this division, no credit shall be included for	5238
service during the moratorium. The moratorium shall apply to the	5239
employees of the secretary of state, the auditor of state, the	5240
treasurer of state, and the attorney general, who are subject to	5241
this section unless the secretary of state, the auditor of state,	5242
the treasurer of state, or the attorney general decides to exempt	5243
the office's employees from the moratorium and so notifies the	5244
director of administrative services in writing on or before July	5245
1, 2003.	5246

If an employee is exempt from the moratorium, receives credit	5247
for a period of service during the moratorium, and takes a	5248
position with another entity in the state government or any of its	5249
political subdivisions, either during or after the moratorium, and	5250
if that entity's employees are or were subject to the moratorium,	5251
the employee shall continue to retain the credit. However, if the	5252
moratorium is in effect upon the taking of the new position, the	5253
employee shall cease receiving additional credit as long as the	5254
employee is in the position, until the moratorium expires.	5255

(F) When an exceptional condition exists that creates a	5256
temporary or a permanent hazard for one or more positions in a	5257
class paid under schedule B of section 124.15 or under salary	5258
schedule E-1 of section 124.152 of the Revised Code, a special	5259
hazard salary adjustment may be granted for the time the employee	5260
is subjected to the hazardous condition. All special hazard	5261
conditions shall be identified for each position and incidence	5262
from information submitted to the director on an appropriate form	5263
provided by the director and categorized into standard conditions	5264
of: some unusual hazard not common to the class; considerable	5265
unusual hazard not common to the class; and exceptional hazard not	5266
common to the class.	5267

(1) A hazardous salary adjustment of five per cent of the	5268
employee's classification salary base may be applied in the case	5269
of some unusual hazardous condition not common to the class for	5270
those hours worked, or a fraction thereof, while the employee was	5271
subject to the unusual hazard condition.	5272

(2) A hazardous salary adjustment of seven and one-half per	5273
cent of the employee's classification salary base may be applied	5274
in the case of some considerable hazardous condition not common to	5275
the class for those hours worked, or a fraction thereof, while the	5276
employee was subject to the considerable hazard condition.	5277

(3) A hazardous salary adjustment of ten per cent of the	5278
employee's classification salary base may be applied in the case	5279
of some exceptional hazardous condition not common to the class	5280
for those hours worked, or a fraction thereof, when the employee	5281
was subject to the exceptional hazard condition.	5282

(4) Each claim for temporary hazard pay shall be submitted as	5283
a separate payment and shall be subject to an administrative audit	5284
by the director as to the extent and duration of the employee's	5285
exposure to the hazardous condition.	5286

(G) When a full-time employee whose salary or wage is paid	5287
directly by warrant of the auditor of state and who also is	5288
eligible for overtime under the "Fair Labor Standards Act of	5289
1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended, is ordered	5290
by the appointing authority to report back to work after	5291
termination of the employee's regular work schedule and the	5292
employee reports, the employee shall be paid for such time. The	5293
employee shall be entitled to four hours at the employee's total	5294
rate of pay or overtime compensation for the actual hours worked,	5295
whichever is greater. This division does not apply to work that is	5296
a continuation of or immediately preceding an employee's regular	5297
work schedule.	5298

(H) When a certain position or positions paid under schedule	5299
B of section 124.15 or under salary schedule E-1 of section	5300
124.152 of the Revised Code require the ability to speak or write	5301
a language other than English, a special pay supplement may be	5302
granted to attract bilingual individuals, to encourage present	5303
employees to become proficient in other languages, or to retain	5304
qualified bilingual employees. The bilingual pay supplement	5305
provided in this division may be granted in the amount of five per	5306
cent of the employee's classification salary base for each	5307
required foreign language and shall remain in effect as long as	5308
the bilingual requirement exists.	5309

(I) The director may establish a shift differential for	5310
employees. Such differential shall be paid to employees in	5311
positions working in other than the regular or first shift. In	5312
those divisions or agencies where only one shift prevails, no	5313
shift differential shall be paid regardless of the hours of the	5314
day that are worked. The director and the appointing authority	5315
shall designate which positions shall be covered by this division.	5316

(J) Whenever an employee is assigned to work in a higher	5317
level position for a continuous period of more than two weeks but	5318
no more than two years because of a vacancy, the employee's pay	5319
may be established at a rate that is approximately four per cent	5320
above the employee's current base rate for the period the employee	5321
occupies the position, provided that this temporary occupancy is	5322
approved by the director. Employees paid under this division shall	5323
continue to receive any of the pay supplements due them under	5324
other divisions of this section based on the step one base rate	5325
for their normal classification.	5326

(K) If a certain position, or positions, within a class paid	5327
under schedule B of section 124.15 or under salary schedule E-1 of	5328
section 124.152 of the Revised Code are mandated by state or	5329
federal law or regulation or other regulatory agency or other	5330
certification authority to have special technical certification,	5331
registration, or licensing to perform the functions which are	5332
under the mandate, a special professional achievement pay	5333
supplement may be granted. This special professional achievement	5334
pay supplement shall not be granted when all incumbents in all	5335
positions in a class require license as provided in the	5336
classification description published by the department of	5337
administrative services; to licensees where no special or	5338
extensive training is required; when certification is granted upon	5339
completion of a stipulated term of in-service training; when an	5340
appointing authority has required certification; or any other	5341
condition prescribed by the director.	5342

(1) Before this supplement may be applied, evidence as to the	5343
requirement must be provided by the agency for each position	5344
involved, and certification must be received from the director as	5345
to the director's concurrence for each of the positions so	5346
affected.	5347

(2) The professional achievement pay supplement provided in	5348
this division shall be granted in an amount up to ten per cent of	5349
the employee's classification salary base and shall remain in	5350
effect as long as the mandate exists.	5351

(L) Those employees assigned to teaching supervisory,	5352
principal, assistant principal, or superintendent positions who	5353
have attained a higher educational level than a basic bachelor's	5354
degree may receive an educational pay supplement to remain in	5355
effect as long as the employee's assignment and classification	5356
remain the same.	5357

(1) An educational pay supplement of two and one-half per	5358
cent of the employee's classification salary base may be applied	5359
upon the achievement of a bachelor's degree plus twenty quarter	5360
hours of postgraduate work.	5361

(2) An educational pay supplement of an additional five per	5362
cent of the employee's classification salary base may be applied	5363
upon achievement of a master's degree.	5364

(3) An educational pay supplement of an additional two and	5365
one-half per cent of the employee's classification salary base may	5366
be applied upon achievement of a master's degree plus thirty	5367
quarter hours of postgraduate work.	5368

(4) An educational pay supplement of five per cent of the	5369
employee's classification salary base may be applied when the	5370
employee is performing as a master teacher.	5371

(5) An educational pay supplement of five per cent of the	5372
employee's classification salary base may be applied when the	5373
employee is performing as a special education teacher.	5374

(6) Those employees in teaching supervisory, principal,	5375
assistant principal, or superintendent positions who are	5376
responsible for specific extracurricular activity programs shall	5377
receive overtime pay for those hours worked in excess of their	5378
normal schedule, at their straight time hourly rate up to a	5379
maximum of five per cent of their regular base salary in any	5380
calendar year.	5381

(M)(1) A state agency, board, or commission may establish a	5382
supplementary compensation schedule for those licensed physicians	5383
employed by the agency, board, or commission in positions	5384
requiring a licensed physician. The supplementary compensation	5385
schedule, together with the compensation otherwise authorized by	5386
this chapter, shall provide for the total compensation for these	5387
employees to range appropriately, but not necessarily uniformly,	5388
for each classification title requiring a licensed physician, in	5389
accordance with a schedule approved by the state controlling	5390
board. The individual salary levels recommended for each such	5391
physician employed shall be approved by the director.	5392
Notwithstanding section 124.11 of the Revised Code, such personnel	5393
are in the unclassified civil service.	5394

(2) The director of administrative services may approve	5395
supplementary compensation for the director of health, if the	5396
director is a licensed physician, in accordance with a	5397
supplementary compensation schedule approved under division (M)(1)	5398
of this section or in accordance with another supplementary	5399
compensation schedule the director of administrative services	5400
considers appropriate. The supplementary compensation shall not	5401
exceed twenty per cent of the director of health's base rate of	5402
pay.	5403

(N) Notwithstanding sections 117.28, 117.30, 117.33, 117.36,	5404
117.42, and 131.02 of the Revised Code, the state shall not	5405
institute any civil action to recover and shall not seek	5406
reimbursement for overpayments made in violation of division (E)	5407
of this section or division (C) of section 9.44 of the Revised	5408
Code for the period starting after June 24, 1987, and ending on	5409
October 31, 1993.	5410

(O) Employees of the office of the treasurer of state who are	5411
exempt from collective bargaining coverage may be granted a merit	5412
pay supplement of up to one and one-half per cent of their step	5413
rate. The rate at which this supplement is granted shall be based	5414
on performance standards established by the treasurer of state.	5415
Any supplements granted under this division shall be administered	5416
on an annual basis.	5417

Sec. 124.183. (A) As used in this section, "active payroll"	5418
means when an employee is actively working; on military, worker's	5419
compensation, occupational injury, or disability leave; or on an	5420
approved leave of absence.	5421

(B) Each permanent employee paid under schedule E-1 of	5422
section 124.152 of the Revised Code who was appointed on or before	5423
March 6, 2003, and is on the active payroll as of November 14,	5424
2004, shall receive a one-time pay supplement. The supplement	5425
shall be a two per cent lump sum payment that is based on the	5426
annualization of the top step of the pay range that the employee	5427
is in on November 14, 2004.	5428

Each permanent employee paid under schedule E-2 of section	5429
124.152 of the Revised Code who was appointed on or before March	5430
6, 2003, and is on the active payroll as of November 14, 2004,	5431
shall receive a one-time pay supplement. The supplement shall be a	5432
two per cent lump sum payment that is based upon the annualization	5433
of the maximum hourly rate of the pay range that the employee is	5434
in on November 14, 2004.	5435

(C) Each permanent employee who is exempt from collective	5436
bargaining, is not covered by division (B) of this section, was	5437
appointed on or before March 6, 2003, and is on the active payroll	5438
as of November 14, 2004, shall receive a one-time pay supplement.	5439
The supplement shall be a two per cent lump sum payment that is	5440
based upon the annualization of the base rate of the employee's	5441
pay on November 14, 2004.	5442

(D) A part-time employee who is eligible to receive a	5443
one-time pay supplement under division (B) or (C) of this section	5444
shall have the employee's one-time pay supplement pro-rated based	5445
on the number of hours worked in the twenty-six pay periods prior	5446
to November 14, 2004.	5447

An employee who is eligible to receive a one-time pay	5448
supplement under division (B) or (C) of this section and was on a	5449
voluntary leave of absence shall have the employee's one-time pay	5450
supplement pro-rated based on the number of hours worked in the	5451
twenty-six pay periods prior to November 14, 2004.	5452

(E) A one-time pay supplement under this section shall be	5453
paid in the employee's first paycheck in December of 2004.	5454

(F) Notwithstanding any provision of law to the contrary, a	5455
one-time pay supplement under this section shall not be subject to	5456
withholding for deposit into any state retirement system.	5457
Notwithstanding any provision of law to the contrary, a one-time	5458
pay supplement under this section shall not be used for	5459
calculation purposes in determining an employee's retirement	5460
benefits in any state retirement system.	5461

(G)(1) This section does not apply to employees of the	5462
general assembly, legislative agencies, the supreme court, or	5463
state boards or commissions.	5464

(2) This section does not apply to employees of the secretary	5465
of state, the auditor of state, the treasurer of state, or the	5466
attorney general unless the secretary of state, the auditor of	5467
state, the treasurer of state, or the attorney general decides	5468
that the office's employees should be eligible for the one-time	5469
pay supplement and so notifies the director of administrative	5470
services in writing on or before July 1, 2004.	5471

Sec. 125.05. Except as provided in division (E) of this	5472
section, no state agency shall purchase any supplies or services	5473
except as provided in divisions (A) to (C) of this section.	5474

(A) Subject to division (D) of this section, a state agency	5475
may, without competitive selection, make any purchase of services	5476
that cost fifty thousand dollars or less or any purchase of	5477
supplies that cost twenty-five thousand dollars or less. The	5478
agency may make the purchase directly or may make the purchase	5479
from or through the department of administrative services,	5480
whichever the agency determines. The department shall establish	5481
written procedures to assist state agencies when they make direct	5482
purchases. If the agency makes the purchase directly, it shall	5483
make the purchase by a term contract whenever possible.	5484

(B) ~~Subject~~(1) Except as provided in division (B)(2) of this	5485
section and subject to division (D) of this section, a state	5486
agency wanting to purchase services that cost more than fifty	5487
thousand dollars or supplies that cost more than twenty-five	5488
thousand dollars shall, unless otherwise authorized by law, make	5489
the purchase from or through the department. The department shall	5490
make the purchase by competitive selection under section 125.07 of	5491
the Revised Code. If the director of administrative services	5492
determines that it is not possible or not advantageous to the	5493
state for the department to make the purchase, the department	5494
shall grant the agency a release and permit under section 125.06	5495
of the Revised Code to make the purchase. Section 127.16 of the	5496
Revised Code does not apply to purchases the department makes	5497
under this section.	5498

(2) Subject to division (D) of this section, a state agency	5499
desiring to purchase services that cost more than fifty thousand	5500
dollars or supplies that cost more than twenty-five thousand	5501
dollars shall solicit, pursuant to the competitive selection	5502
requirements specified in section 125.07 of the Revised Code, at	5503
least three bids or proposals for the services or supplies and	5504
make the purchase directly from the lowest bidder or offeror	5505
instead of from or through the department, but only if the state	5506
agency determines that it is possible to purchase the services or	5507
supplies directly from that bidder or offeror at a lower price	5508
than making the purchase from or through the department. If the	5509
agency makes a purchase pursuant to division (B)(2) of this	5510
section, it shall provide the department with written notification	5511
of the subject and amount of the purchase.	5512

(C) An agency that has been granted a release and permit to	5513
make a purchase may make the purchase without competitive	5514
selection if after making the purchase the cumulative purchase	5515
threshold as computed under division (F) of section 127.16 of the	5516
Revised Code would:	5517

(1) Be exceeded and the controlling board approves the	5518
purchase; or	5519

(2) Not be exceeded and the department of administrative	5520
services approves the purchase.	5521

(D) Not later than January 31, 1997, the amounts specified in	5522
divisions (A) and (B) of this section and, not later than the	5523
thirty-first day of January of each second year thereafter, any	5524
amounts computed by adjustments made under this division, shall be	5525
increased or decreased by the average percentage increase or	5526
decrease in the consumer price index prepared by the United States	5527
bureau of labor statistics (U.S. City Average for Urban Wage	5528
Earners and Clerical Workers: "All Items 1982-1984=100") for the	5529
twenty-four calendar month period prior to the immediately	5530
preceding first day of January over the immediately preceding	5531
twenty-four calendar month period, as reported by the bureau. The	5532
director of administrative services shall make this determination	5533
and adjust the appropriate amounts accordingly.	5534

(E) If the Ohio SchoolNet commission, the department of	5535
education, or the Ohio education computer network determines that	5536
it can purchase software services or supplies for specified school	5537
districts at a price less than the price for which the districts	5538
could purchase the same software services or supplies for	5539
themselves, the office, department, or network shall certify that	5540
fact to the department of administrative services and, acting as	5541
an agent for the specified school districts, shall make that	5542
purchase without following the provisions in divisions (A) to (D)	5543
of this section.	5544

Sec. 125.06. The department of administrative services may,	5545
pursuant to division (B)(1) of section 125.05 of the Revised Code	5546
and subject to such rules as the director of administrative	5547
services may adopt, issue a release and permit to ~~the~~a state	5548
agency to secure supplies or services. A release and permit shall	5549
specify the supplies or services to which it applies, the time	5550
during which it is operative, and the reason for its issuance. A	5551
release and permit for computer services ~~shall~~ also shall specify	5552
the type of services to be rendered,and the number and type of	5553
machines to be employed, and may specify the amount of ~~such~~the	5554
services to be performed. One copy of every release and permit	5555
shall be filed with the agency to which it is issued, and one copy	5556
shall be retained by the department.	5557

Sec. 125.07. The department of administrative services, in	5558
making a purchase by competitive selection pursuant to division	5559
(B)(1) of section 125.05 of the Revised Code, or a state agency,	5560
in making a purchase by competitive selection pursuant to division	5561
(B)(2) of section 125.02 of the Revised Code, shall give notice in	5562
the following manner:	5563

(A) The department or state agency shall advertise the	5564
intended purchases by notice that is posted by mail or electronic	5565
means and that is for the benefit of competing persons producing	5566
or dealing in the supplies or services to be purchased, including,	5567
but not limited to, the persons whose names appear on the	5568
appropriate list provided for in section 125.08 of the Revised	5569
Code. The notice may be in the form of the bid or proposal	5570
document or of a listing in a periodic bulletin, or in any other	5571
form the director of administrative services or state agency head	5572
considers appropriate to sufficiently notify qualified competing	5573
persons of the intended purchases.	5574

(B) The notice required under division (A) of this section	5575
shall include the time and place where bids or proposals will be	5576
accepted and opened, or, when bids are made in a reverse auction,	5577
the time when bids will be accepted; the conditions under which	5578
bids or proposals will be received; the terms of the proposed	5579
purchases; and an itemized list of the supplies or services to be	5580
purchased and the estimated quantities or amounts of them.	5581

(C) The posting of the notice required under division (A) of	5582
this section shall be completed by the number of days the director	5583
or state agency head determines preceding the day when the bids or	5584
proposals will be opened or accepted.	5585

(D) The department or state agency also shall maintain, in a	5586
public place in its office, a bulletin board upon which it shall	5587
post and maintain a copy of the notice required under division (A)	5588
of this section for at least the number of days the director or	5589
state agency head determines under division (C) of this section	5590
preceding the day of the opening or acceptance of the bids or	5591
proposals. The failure to so additionally post the notice shall	5592
invalidate all proceedings had and any contract entered into	5593
pursuant to the proceedings.	5594

Sec. 125.073. (A) The department of administrative services	5595
shall actively promote and accelerate the use of electronic	5596
procurement, including reverse auctions as defined by section	5597
125.072 of the Revised Code, by implementing the relevant	5598
recommendations concerning electronic procurement from the "2000	5599
Management Improvement Commission Report to the Governor" when	5600
exercising its statutory powers.	5601

(B) Beginning July 1, 2004, the department shall annually on	5602
or before the first day of July report to the committees in each	5603
house of the general assembly dealing with finance indicating the	5604
effectiveness of electronic procurement.	5605

Sec. 125.15. All state agencies required to secure any	5606
equipment, materials, supplies, or services~~, or contracts of~~	5607
~~insurance~~ from the department of administrative services shall	5608
make acquisition in the manner and upon forms prescribed by the	5609
director of administrative services and shall reimburse the	5610
department for the equipment, materials, supplies, or services, or	5611
~~contracts of insurance,~~ including a reasonable sum to cover the	5612
department's administrative costs, whenever reimbursement is	5613
required by the department. The money so paid shall be deposited	5614
in the state treasury to the credit of the general services fund	5615
or the information technology fund, as appropriate. ~~Such~~Those	5616
funds are hereby created.	5617

Sec. 125.831. As used in sections 125.831 to 125.833 of the	5618
Revised Code:	5619

(A) "Law enforcement officer" means an officer, agent, or	5620
employee of a state agency upon whom, by statute, a duty to	5621
conserve the peace or to enforce all or certain laws is imposed	5622
and the authority to arrest violators is conferred, within the	5623
limits of that statutory duty and authority.	5624

(B)(1) "Motor vehicle" means any automobile, car minivan,	5625
passenger van, sport utility vehicle, or pickup truck with a gross	5626
vehicle weight of under twelve thousand pounds.	5627

(2) "Motor vehicle" does not include any vehicle described in	5628
division (B)(1) of this section that is used by a law enforcement	5629
officer and law enforcement agency or any vehicle that is so	5630
described and that is equipped with specialized equipment that is	5631
not normally found in such a vehicle and that is used to carry out	5632
a state agency's specific and specialized duties and	5633
responsibilities.	5634

(C) "Specialized equipment" does not include standard mobile	5635
radios with no capabilities other than voice communication,	5636
exterior and interior lights, or roof-mounted caution lights.	5637

(D) "State agency" means every organized body, office, or	5638
agency established by the laws of the state for the exercise of	5639
any function of state government, other than any state-supported	5640
institution of higher education, the office of the governor,	5641
lieutenant governor, auditor of state, treasurer of state,	5642
secretary of state, or attorney general, the general assembly or	5643
any legislative agency, or the courts or any judicial agency.	5644

Sec. 125.832. (A) The department of administrative services	5645
is granted exclusive authority over the acquisition and management	5646
of all motor vehicles used by state agencies. In carrying out this	5647
authority, the department shall do both of the following:	5648

(1) Approve the purchase or lease of each motor vehicle for	5649
use by a state agency. The department shall decide if a motor	5650
vehicle shall be leased or purchased for that use.	5651

(2) Direct and approve all funds that are expended for the	5652
purchase, lease, repair, maintenance, registration, insuring, and	5653
other costs related to the possession and operation of motor	5654
vehicles for the use of state agencies.	5655

(B) The director of administrative services shall establish	5656
and operate a fleet management program. The director shall operate	5657
the program for purposes including, but not limited to,	5658
cost-effective acquisition, maintenance, management, analysis, and	5659
disposal of all motor vehicles owned or leased by the state. All	5660
state agencies shall comply with statewide fleet management	5661
policies and procedures established by the director for the	5662
program, including, but not limited to, motor vehicle assignments,	5663
additions of motor vehicles to fleets or motor vehicle	5664
replacements, motor vehicle fueling, and motor vehicle repairs.	5665

(C) The director shall establish and maintain a fleet	5666
reporting system and shall require state agencies to submit to the	5667
department information relative to state motor vehicles, to be	5668
used in operating the fleet management program. State agencies	5669
shall provide to the department fleet data and information,	5670
including, but not limited to, mileage and costs. The information	5671
shall be submitted in formats and in a manner determined by the	5672
department.	5673

(D) All state agency purchases or leases of motor vehicles	5674
are subject to the prior approval of the director under division	5675
(A)(1) of this section.	5676

(E) State agencies that utilize state motor vehicles or pay	5677
mileage reimbursements to employees shall provide a fleet plan to	5678
the department as directed by the department.	5679

(F)(1) The fleets of state agencies that consist of one	5680
hundred or less vehicles on July 1, 2004, shall be managed by the	5681
department's fleet management program on a time schedule	5682
determined by the department, unless the state agency has received	5683
delegated authority as described in division (G) of this section.	5684

(2) The fleets of state agencies that consist of greater than	5685
one hundred motor vehicles, but less than five hundred motor	5686
vehicles, on July 1, 2005, also shall be managed by the	5687
department's fleet management program on a time schedule	5688
determined by the department, unless the state agency has received	5689
delegated authority as described in division (G) of this section.	5690

(G)(1) The department may delegate any or all of its duties	5691
regarding fleet management to a state agency, if the state agency	5692
demonstrates to the satisfaction of the department both of the	5693
following:	5694

(a) Capabilities to institute and manage a fleet management	5695
program, including, but not limited to, the presence of a	5696
certified fleet manager;	5697

(b) Fleet management performance, as demonstrated by fleet	5698
data and other information submitted pursuant to annual reporting	5699
requirements and any other criteria the department considers	5700
necessary in evaluating the performance.	5701

(2) The department may determine that a state agency is not	5702
in compliance with this section and direct that the agency's fleet	5703
management duties be transferred to the department.	5704

(H) The proceeds derived from the disposition of any motor	5705
vehicles under this section shall be paid to whichever of the	5706
following applies:	5707

(1) The fund that originally provided moneys for the purchase	5708
or lease of the motor vehicles;	5709

(2) If the motor vehicles were originally purchased with	5710
moneys derived from the general revenue fund, the state treasury	5711
for credit to the fleet management fund created by section 125.83	5712
of the Revised Code.	5713

(I)(1) The department shall create and maintain a certified	5714
fleet manager program.	5715

(2) State agencies that have received delegated authority as	5716
described in division (G) of this section shall have a certified	5717
fleet manager.	5718

(J) The department annually shall prepare and submit a	5719
statewide fleet report to the governor, the speaker of the house	5720
of representatives, and the president of the senate. The report	5721
shall be submitted not later than the thirty-first day of January	5722
following the end of each fiscal year. It may include, but is not	5723
limited to, the numbers and types of motor vehicles, their	5724
mileage, miles per gallon, and cost per mile, mileage	5725
reimbursements, accident and insurance data, and information	5726
regarding compliance by state agencies having delegated authority	5727
under division (G) of this section with applicable fleet	5728
management requirements.	5729

(K) The director shall adopt rules for implementing the fleet	5730
management program that are consistent with recognized best	5731
practices. The program shall be supported by reasonable fee	5732
charges for the services provided. The director shall collect	5733
these fees and deposit them into the state treasury to the credit	5734
for the fleet management fund created by section 125.83 of the	5735
Revised Code. The setting and collection of fees under this	5736
division is not subject to any restriction imposed by law upon the	5737
director's or the department's authority to set or collect fees.	5738

(L) The director also shall adopt rules that prohibit, except	5739
in very limited circumstances, the exclusive assignment of	5740
state-owned, leased, or pooled motor vehicles to state employees.	5741
Beginning on the effective date of this section, no such motor	5742
vehicle shall be personally assigned as any form of compensation	5743
or benefit of state employment, and no such motor vehicle shall be	5744
assigned to an employee solely for commuting to and from home and	5745
work.	5746

(M) The director shall do both of the following:

5747

(1) Implement to the greatest extent possible the	5748
recommendations from the 2002 report entitled "Administrative	5749
Analysis of the Ohio Fleet Management Program" in connection with	5750
the authority granted to the department by this section;	5751

(2) Attempt to reduce the number of passenger vehicles used	5752
by state agencies during the fiscal years ending on June 30, 2004,	5753
and June 30, 2005.	5754

(N) Each state agency shall reimburse the department for all	5755
costs incurred in the assignment of motor vehicles to the state	5756
agency.	5757

(O) The director shall do all of the following in managing	5758
the fleet management program:	5759

(1) Determine how motor vehicles will be maintained, insured,	5760
operated, financed, and licensed;	5761

(2) Pursuant to the formula in division (O)(3) of this	5762
section, annually establish the minimum number of business miles	5763
per year an employee of a state agency must drive in order to	5764
qualify for approval by the department to receive a motor vehicle	5765
for business use;	5766

(3) Establish the minimum number of business miles per year	5767
at an amount that results when the annual motor vehicle cost is	5768
divided by the amount that is the reimbursement rate per mile	5769
minus the amount that is the sum of the fuel cost, the operating	5770
cost, and the insurance cost. As used in this division:	5771

(a) "Annual motor vehicle cost" means the price of a motor	5772
vehicle divided by the number of years an average motor vehicle is	5773
used.	5774

(b) "Fuel cost" means the average price per gallon of motor	5775
fuel divided by the miles per gallon fuel efficiency of a motor	5776
vehicle.	5777

(c) "Insurance cost" means the cost of insuring a motor	5778
vehicle per year divided by the number of miles an average motor	5779
vehicle is driven per year.	5780

(d) "Operating cost" means the maintenance cost of a motor	5781
vehicle per year divided by the product resulting when the number	5782
of miles an average motor vehicle is driven per year is multiplied	5783
by the number of years an average motor vehicle is used.	5784

(e) "Reimbursement rate per mile" means the reimbursement per	5785
mile rate for travel expenses as provided by rule of the director	5786
of budget and management adopted under division (B) of section	5787
126.31 of the Revised Code.	5788

Sec. 125.833. (A) There is hereby established within the	5789
department of administrative services the vehicle management	5790
commission.	5791

(B) The commission shall consist of the director of	5792
administrative services and eight other members. These other	5793
members shall be two members of the house of representatives	5794
appointed by the speaker of the house of representatives, two	5795
members of the senate appointed by the president of the senate,	5796
and four persons with experience in the vehicle leasing,	5797
purchasing, and maintenance industry in this state appointed by	5798
the governor and serving at the governor's pleasure. The governor	5799
shall appoint the commission's chairperson.	5800

Initial appointments of the members to the commission shall	5801
be made by September 1, 2003, in the manner prescribed in this	5802
section. Thereafter, appointments of legislative members to the	5803
commission shall be made within fifteen days after the	5804
commencement of the first regular session of the general assembly	5805
in the manner prescribed in this section. The terms of legislative	5806
members on the commission shall be for the duration of the session	5807
of the general assembly in which they are appointed; they shall	5808
continue to serve on the commission until the appointments are	5809
made in the following session of the general assembly, unless they	5810
cease to be members of the general assembly. A vacancy on the	5811
commission shall be filled for the unexpired term in the same	5812
manner as the original appointment.	5813

(C) The commission shall periodically review the	5814
implementation of the fleet management program by the department	5815
of administrative services under section 125.832 of the Revised	5816
Code and may recommend to the department and the general assembly	5817
modifications to the department's procedures and functions and	5818
other statutory changes.	5819

Sec. 125.91. As used in sections 125.92 to 125.98 of the	5820
Revised Code:	5821

(A) "State agency" includes every department, bureau, board,	5822
commission, office, or other organized body established by the	5823
constitution and laws of the state for the exercise of any	5824
function of state government, but does not include any	5825
state-supported institution of higher education, the general	5826
assembly or any legislative agency, the attorney general, the	5827
auditor of state, the secretary of state, the treasurer of state,	5828
the bureau of workers' compensation, any court or judicial agency,	5829
or any political subdivision or agency ~~thereof~~of a political	5830
subdivision.	5831

(B) "Form" means any document, device, or item used to convey	5832
information, regardless of medium, that has blank spaces for the	5833
insertion of information and that may have a predetermined format	5834
and data elements to guide the entry, ~~interpretration~~	5835
interpretation, and use of the information. "Form" does not	5836
include letterheads, envelopes, labels, tags, tickets, or note	5837
pads, or forms mandated by the federal government, but does	5838
include all computer-generated forms except those mandated by the	5839
federal government. ~~As used in sections 125.931 to 125.935 of the~~	5840
~~Revised Code, "form" applies only to a form that is used by a~~	5841
~~state agency and that is completed in whole or in part by private~~	5842
~~business, political subdivisions, or the public.~~	5843

Sec. 125.92. There is hereby established in the department	5844
of administrative services a state forms management ~~control center~~	5845
program, which shall be under the control and supervision of the	5846
director of administrative services~~, who shall appoint an~~	5847
~~administrator of the center~~or the director's designee.	5848

The ~~center~~state forms management program shall ~~develop,~~	5849
~~implement, and maintain a statewide forms management program that~~	5850
~~involves~~be developed, implemented, and maintained for all state	5851
agencies and isbe designed to simplify, consolidate, or	5852
eliminate, when expedient, forms, surveys, and other documents	5853
used by state agencies. In developing the program, particular	5854
emphasis shall be placed upon determining the actual need for any	5855
information, records, and reports sought from private business,	5856
agriculture, and local governments through the use of ~~such~~ forms,	5857
surveys, and other documents.	5858

Sec. 125.93. The state forms management ~~control center~~	5859
program shall do each of the following:	5860

(A) Assist state agencies in establishing internal forms	5861
management capabilities;	5862

(B) Study, develop, coordinate, and initiate forms of	5863
interagency and common administrative usage, and establish basic	5864
design and specification criteria to standardize state forms;	5865

(C) Assist state agencies to design economical forms ~~and~~	5866
~~compose art work for forms~~;	5867

(D) ~~Establish and supervise control procedures to prevent the~~	5868
~~undue creation and reproduction of state forms;~~	5869

~~(E)~~ Assist, train, and instruct state agencies and their	5870
forms management representatives in forms management techniques,	5871
and provide direct forms management assistance to new state	5872
agencies as they are created;	5873

~~(F)~~(E) Maintain a central ~~cross index~~forms repository of all	5874
state forms to facilitate standardization of the forms, eliminate	5875
redundant forms, and provide a central source of information on	5876
forms usage and availability;	5877

~~(G) Utilize existing functions within the department of~~	5878
~~administrative services to design economical forms and compose art~~	5879
~~work, as well as use appropriate procurement techniques to take~~	5880
~~advantage of competitive selection, consolidated orders, and~~	5881
~~contract procurement of forms;~~	5882

~~(H) Conduct an annual evaluation of the effectiveness of the~~	5883
~~forms management program and the forms management practices of~~	5884
~~individual state agencies, and maintain records that indicate~~	5885
~~dollar savings resulting from, and the number of forms eliminated,~~	5886
~~simplified, or standardized through, centralized forms management.~~	5887
~~The results of the evaluation shall be reported to the speaker of~~	5888
~~the house of representatives and president of the senate not later~~	5889
~~than the fifteenth day of January each year. The center shall~~	5890
~~report on the first day of each month to the state records~~	5891
~~administrator on its activities during the preceding month~~.	5892

Sec. 125.95. (A) The ~~administrator of the~~ state forms	5893
management ~~control center~~program may permit any state agency to	5894
manage fully any forms used or proposed to be used by it, whenever	5895
the ~~administrator~~program determines that the delegation will	5896
result in the most timely and economical method of accomplishing	5897
the objectives of the ~~forms management~~ program as set forth in	5898
section 125.93 of the Revised Code. A determination to delegate to	5899
a state agency authority to manage forms may, among other matters,	5900
take into consideration the benefits of central management of any	5901
form in relation to the costs associated with ~~such~~that	5902
management.	5903

(B) To expedite the collection and disposition of general	5904
state and local revenue, the ~~administrator~~state forms management	5905
program shall permit, without prior authorization, the tax	5906
commissioner to design, print or have printed, distribute, and	5907
require the use of those forms ~~which~~that the tax commissioner	5908
determines are necessary for the proper administration of those	5909
taxes and programs hethe tax commissioner administers except as	5910
provided in division (A) of section 4307.05 of the Revised Code.	5911
The tax commissioner shall report to the ~~administrator~~program not	5912
later than fifteen days after the close of each calendar quarter	5913
with respect to the forms activities occurring within ~~his~~the tax	5914
commissioner's agency during the preceding calendar quarter.	5915

Sec. 125.96. The director of administrative services may	5916
adopt, amend, or rescind rules necessary to carry out the powers	5917
and duties imposed upon the state forms management ~~control center~~	5918
~~and its administrator~~program and state agencies by sections	5919
125.92 to 125.98 of the Revised Code. The director shall adopt,	5920
and may amend or rescind, rules providing ~~that~~each of the	5921
following:	5922

(A) After a date to be determined by the ~~administrator~~state	5923
forms management program, no state agency shall utilize any form,	5924
other than a form subject to division (B) of section 125.95 of the	5925
Revised Code, the management of which has not been delegated to	5926
the agency by the ~~administrator~~program under division (A) of that	5927
section ~~125.95 of the Revised Code~~ or ~~that has not~~ been approved	5928
by the ~~center~~program.	5929

(B) The notice required by section 125.97 of the Revised Code	5930
shall appear in a standard place and a standard manner on each	5931
form to which the notice applies, and shall include specified	5932
indicia of approval by the ~~administrator~~state forms management	5933
program.	5934

(C) Any form required by a state agency on an emergency basis	5935
may be given interim approval by the ~~administrator~~state forms	5936
management program if the form is accompanied by a letter from the	5937
director or other head of the agency setting forth the nature of	5938
the emergency and requesting interim approval.	5939

Sec. 125.98. (A) Each state agency shall appoint a forms	5940
management representative, who may be from existing personnel. The	5941
appointee shall cooperate with, and provide other necessary	5942
assistance to, the director of administrative services and the	5943
~~administrator of the~~ state forms management ~~control center~~program	5944
in implementing the ~~state forms management~~ program. A forms	5945
management representative shall do all of the following:	5946

(1) Manage the agency's forms management program and	5947
cooperate with and provide other necessary assistance to the	5948
director of administrative services in implementing the state	5949
forms management program;	5950

(2) Monitor the use and reproduction of all forms to ensure	5951
that all policies, procedures, guidelines, and standards	5952
established by the agency and the director of administrative	5953
services are followed;	5954

(3) Ensure that every form used by the agency is presented to	5955
the state forms management ~~control center~~program for registration	5956
prior to its reproduction;	5957

(4) Maintain a master forms file history file, in numeric	5958
order, of all agency forms;	5959

(5) Verify and update the information on all forms ~~computer~~	5960
~~file reports returned to the agency by the state forms management~~	5961
~~control center~~in the central forms repository database.	5962

(B) Any state agency, as ~~such term is~~ defined in section 1.60	5963
of the Revised Code, not included within the definition of a state	5964
agency in section 125.91 of the Revised Code may elect to	5965
participate in the state forms management program. The ~~center~~	5966
program may provide to any such agency any service required or	5967
authorized by sections 125.92 to 125.98 of the Revised Code to be	5968
performed for a state agency.	5969

Sec. 127.16. (A) Upon the request of either a state agency	5970
or the director of budget and management and after the controlling	5971
board determines that an emergency or a sufficient economic reason	5972
exists, the controlling board may approve the making of a purchase	5973
without competitive selection as provided in division (B) of this	5974
section.	5975

(B) Except as otherwise provided in this section, no state	5976
agency, using money that has been appropriated to it directly,	5977
shall:	5978

(1) Make any purchase from a particular supplier, that would	5979
amount to fifty thousand dollars or more when combined with both	5980
the amount of all disbursements to the supplier during the fiscal	5981
year for purchases made by the agency and the amount of all	5982
outstanding encumbrances for purchases made by the agency from the	5983
supplier, unless the purchase is made by competitive selection or	5984
with the approval of the controlling board;	5985

(2) Lease real estate from a particular supplier, if the	5986
lease would amount to seventy-five thousand dollars or more when	5987
combined with both the amount of all disbursements to the supplier	5988
during the fiscal year for real estate leases made by the agency	5989
and the amount of all outstanding encumbrances for real estate	5990
leases made by the agency from the supplier, unless the lease is	5991
made by competitive selection or with the approval of the	5992
controlling board.	5993

(C) Any person who authorizes a purchase in violation of	5994
division (B) of this section shall be liable to the state for any	5995
state funds spent on the purchase, and the attorney general shall	5996
collect the amount from the person.	5997

(D) Nothing in division (B) of this section shall be	5998
construed as:	5999

(1) A limitation upon the authority of the director of	6000
transportation as granted in sections 5501.17, 5517.02, and	6001
5525.14 of the Revised Code;	6002

(2) Applying to medicaid provider agreements under Chapter	6003
5111. of the Revised Code or payments or provider agreements under	6004
the disability ~~assistance~~ medical assistance program established	6005
under Chapter 5115. of the Revised Code;	6006

(3) Applying to the purchase of examinations from a sole	6007
supplier by a state licensing board under Title XLVII of the	6008
Revised Code;	6009

(4) Applying to entertainment contracts for the Ohio state	6010
fair entered into by the Ohio expositions commission, provided	6011
that the controlling board has given its approval to the	6012
commission to enter into such contracts and has approved a total	6013
budget amount for such contracts as agreed upon by commission	6014
action, and that the commission causes to be kept itemized records	6015
of the amounts of money spent under each contract and annually	6016
files those records with the clerk of the house of representatives	6017
and the clerk of the senate following the close of the fair;	6018

(5) Limiting the authority of the chief of the division of	6019
mineral resources management to contract for reclamation work with	6020
an operator mining adjacent land as provided in section 1513.27 of	6021
the Revised Code;	6022

(6) Applying to investment transactions and procedures of any	6023
state agency, except that the agency shall file with the board the	6024
name of any person with whom the agency contracts to make, broker,	6025
service, or otherwise manage its investments, as well as the	6026
commission, rate, or schedule of charges of such person with	6027
respect to any investment transactions to be undertaken on behalf	6028
of the agency. The filing shall be in a form and at such times as	6029
the board considers appropriate.	6030

(7) Applying to purchases made with money for the per cent	6031
for arts program established by section 3379.10 of the Revised	6032
Code;	6033

(8) Applying to purchases made by the rehabilitation services	6034
commission of services, or supplies, that are provided to persons	6035
with disabilities, or to purchases made by the commission in	6036
connection with the eligibility determinations it makes for	6037
applicants of programs administered by the social security	6038
administration;	6039

(9) Applying to payments by the department of job and family	6040
services under section 5111.13 of the Revised Code for group	6041
health plan premiums, deductibles, coinsurance, and other	6042
cost-sharing expenses;	6043

(10) Applying to any agency of the legislative branch of the	6044
state government;	6045

(11) Applying to agreements or contracts entered into under	6046
section 5101.11, 5101.20, 5101.201, 5101.21, or ~~5101.211~~5101.214	6047
of the Revised Code;	6048

(12) Applying to purchases of services by the adult parole	6049
authority under section 2967.14 of the Revised Code or by the	6050
department of youth services under section 5139.08 of the Revised	6051
Code;	6052

(13) Applying to dues or fees paid for membership in an	6053
organization or association;	6054

(14) Applying to purchases of utility services pursuant to	6055
section 9.30 of the Revised Code;	6056

(15) Applying to purchases made in accordance with rules	6057
adopted by the department of administrative services of motor	6058
vehicle, aviation, or watercraft fuel, or emergency repairs of	6059
such vehicles;	6060

(16) Applying to purchases of tickets for passenger air	6061
transportation;	6062

(17) Applying to purchases necessary to provide public	6063
notifications required by law or to provide notifications of job	6064
openings;	6065

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

6066

(19) Applying to purchases of liquor for resale by the	6067
division of liquor control;	6068

(20) Applying to purchases of motor courier and freight	6069
services made in accordance with department of administrative	6070
services rules;	6071

(21) Applying to purchases from the United States postal	6072
service and purchases of stamps and postal meter replenishment	6073
from vendors at rates established by the United States postal	6074
service;	6075

(22) Applying to purchases of books, periodicals, pamphlets,	6076
newspapers, maintenance subscriptions, and other published	6077
materials;	6078

(23) Applying to purchases from other state agencies,	6079
including state-assisted institutions of higher education;	6080

(24) Limiting the authority of the director of environmental	6081
protection to enter into contracts under division (D) of section	6082
3745.14 of the Revised Code to conduct compliance reviews, as	6083
defined in division (A) of that section;	6084

(25) Applying to purchases from a qualified nonprofit agency	6085
pursuant to sections 4115.31 to 4115.35 of the Revised Code;	6086

(26) Applying to payments by the department of job and family	6087
services to the United States department of health and human	6088
services for printing and mailing notices pertaining to the tax	6089
refund offset program of the internal revenue service of the	6090
United States department of the treasury;	6091

(27) Applying to contracts entered into by the department of	6092
mental retardation and developmental disabilities under sections	6093
5123.18, 5123.182, and ~~5111.252~~5123.199 of the Revised Code;	6094

(28) Applying to payments made by the department of mental	6095
health under a physician recruitment program authorized by section	6096
5119.101 of the Revised Code;	6097

(29) Applying to contracts entered into with persons by the	6098
director of commerce for unclaimed funds collection and remittance	6099
efforts as provided in division (F) of section 169.03 of the	6100
Revised Code. The director shall keep an itemized accounting of	6101
unclaimed funds collected by those persons and amounts paid to	6102
them for their services.	6103

(30) Applying to purchases made by a state institution of	6104
higher education in accordance with the terms of a contract	6105
between the vendor and an inter-university purchasing group	6106
comprised of purchasing officers of state institutions of higher	6107
education;	6108

(31) Applying to the department of job and family services'	6109
purchases of health assistance services under the children's	6110
health insurance program part I provided for under section 5101.50	6111
of the Revised Code or the children's health insurance program	6112
part II provided for under section 5101.51 of the Revised Code;	6113

(32) Applying to payments by the attorney general from the	6114
reparations fund to hospitals and other emergency medical	6115
facilities for performing medical examinations to collect physical	6116
evidence pursuant to section 2907.28 of the Revised Code;	6117

(33) Applying to contracts with a contracting authority or	6118
administrative receiver under division (G)(2) of section 5126.055	6119
of the Revised Code;	6120

(34) Applying to reimbursements paid to the United States	6121
department of veterans affairs for pharmaceutical and patient	6122
supply purchases made on behalf of the Ohio veterans' home agency.	6123

(E) Notwithstanding division (B)(1) of this section, the	6124
cumulative purchase threshold shall be seventy-five thousand	6125
dollars for the departments of mental retardation and	6126
developmental disabilities, mental health, rehabilitation and	6127
correction, and youth services.	6128

(F) When determining whether a state agency has reached the	6129
cumulative purchase thresholds established in divisions (B)(1),	6130
(B)(2), and (E) of this section, all of the following purchases by	6131
such agency shall not be considered:	6132

(1) Purchases made through competitive selection or with	6133
controlling board approval;	6134

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

6135

(3) For the purposes of the thresholds of divisions (B)(1)	6136
and (E) of this section only, leases of real estate.	6137

(G) As used in this section, "competitive selection,"	6138
"purchase," "supplies," and "services" have the same meanings as	6139
in section 125.01 of the Revised Code.	6140

Sec. 131.02. (A) Whenever any amount is payable to the state,	6141
the officer, employee, or agent responsible for administering the	6142
law under which the amount is payable shall immediately proceed to	6143
collect the amount or cause the amount to be collected and shall	6144
pay the amount into the state treasury or into the appropriate	6145
custodial fund in the manner set forth pursuant to section 113.08	6146
of the Revised Code. If the amount is not paid within forty-five	6147
days after payment is due, the officer, employee, or agent shall	6148
certify the amount due to the attorney general, in the form and	6149
manner prescribed by the attorney general, and notify the director	6150
of budget and management thereof. The attorney general may assess	6151
the collection cost to the amount certified in such manner and	6152
amount as prescribed by the attorney general.	6153

(B)(1) The attorney general shall give immediate notice by	6154
mail or otherwise to the party indebted of the nature and amount	6155
of the indebtedness.	6156

(2) If the amount payable to this state arises from a tax	6157
levied under Chapter 5733., 5739., 5741., or 5747. of the Revised	6158
Code, the notice also shall specify all of the following:	6159

(a) The assessment or case number;

6160

(b) The tax pursuant to which the assessment is made;

6161

(c) The reason for the liability, including, if applicable,	6162
that a penalty or interest is due;	6163

(d) An explanation of how and when interest will be added to	6164
the amount assessed;	6165

(e) That the attorney general and tax commissioner, acting	6166
together, have the authority, but are not required, to compromise	6167
the claim and accept payment over a reasonable time, if such	6168
actions are in the best interest of the state.	6169

(C) The attorney general shall collect the claim or secure a	6170
judgment and issue an execution for its collection.	6171

(D) Each claim shall bear interest, from the day on which the	6172
claim became due, at the ~~base~~ rate per annum ~~for advances and~~	6173
~~discounts to member banks in effect at the federal reserve bank in~~	6174
required by section 5703.47 of the ~~second federal reserve district~~	6175
Revised Code.	6176

(E) The attorney general and the chief officer of the agency	6177
reporting a claim, acting together, may do ~~either or both~~any of	6178
the following if such action is in the best interests of the	6179
state:	6180

(1) Compromise the claim;

6181

(2) Extend for a reasonable period the time for payment of	6182
the claim by agreeing to accept monthly or other periodic	6183
payments. The agreement may require security for payment of the	6184
claim.	6185

(3) Add fees to recover the cost of processing checks or	6186
other draft instruments returned for insufficient funds and the	6187
cost of providing electronic payment options.	6188

Sec. 131.23. The various political subdivisions of this	6189
state may issue bonds, and any indebtedness created by such	6190
issuance shall not be subject to the limitations or included in	6191
the calculation of indebtedness prescribed by sections 133.05,	6192
133.06, 133.07, and 133.09 of the Revised Code, but such bonds may	6193
be issued only under the following conditions:	6194

(A) The subdivision desiring to issue such bonds shall obtain	6195
from the county auditor a certificate showing the total amount of	6196
delinquent taxes due and unpayable to such subdivision at the last	6197
semiannual tax settlement.	6198

(B) The fiscal officer of that subdivision shall prepare a	6199
statement, from the books of the subdivision, verified by ~~him~~the	6200
fiscal officer under oath, which shall contain the following facts	6201
of such subdivision:	6202

(1) The total bonded indebtedness;

6203

(2) The aggregate amount of notes payable or outstanding	6204
accounts of the subdivision, incurred prior to the commencement of	6205
the current fiscal year, which shall include all evidences of	6206
indebtedness issued by the subdivision except notes issued in	6207
anticipation of bond issues and the indebtedness of any	6208
nontax-supported public utility;	6209

(3) Except in the case of school districts, the aggregate	6210
current year's requirement for disability financial assistance and	6211
disability medical assistance provided under Chapter 5115. of the	6212
Revised Code that the subdivision is unable to finance except by	6213
the issue of bonds;	6214

(4) The indebtedness outstanding through the issuance of any	6215
bonds or notes pledged or obligated to be paid by any delinquent	6216
taxes;	6217

(5) The total of any other indebtedness;

6218

(6) The net amount of delinquent taxes unpledged to pay any	6219
bonds, notes, or certificates, including delinquent assessments on	6220
improvements on which the bonds have been paid;	6221

(7) The budget requirements for the fiscal year for bond and	6222
note retirement;	6223

(8) The estimated revenue for the fiscal year.

6224

(C) The certificate and statement provided for in divisions	6225
(A) and (B) of this section shall be forwarded to the tax	6226
commissioner together with a request for authority to issue bonds	6227
of such subdivision in an amount not to exceed seventy per cent of	6228
the net unobligated delinquent taxes and assessments due and owing	6229
to such subdivision, as set forth in division (B)(6) of this	6230
section.	6231

(D) No subdivision may issue bonds under this section in	6232
excess of a sufficient amount to pay the indebtedness of the	6233
subdivision as shown by division (B)(2) of this section and,	6234
except in the case of school districts, to provide funds for	6235
disability financial assistance and disability medical assistance,	6236
as shown by division (B)(3) of this section.	6237

(E) The tax commissioner shall grant to such subdivision	6238
authority requested by such subdivision as restricted by divisions	6239
(C) and (D) of this section and shall make a record of the	6240
certificate, statement, and grant in a record book devoted solely	6241
to such recording and which shall be open to inspection by the	6242
public.	6243

(F) The commissioner shall immediately upon issuing the	6244
authority provided in division (E) of this section notify the	6245
proper authority having charge of the retirement of bonds of such	6246
subdivision by forwarding a copy of such grant of authority and of	6247
the statement provided for in division (B) of this section.	6248

(G) Upon receipt of authority, the subdivision shall proceed	6249
according to law to issue the amount of bonds authorized by the	6250
commissioner, and authorized by the taxing authority, provided the	6251
taxing authority of that subdivision may by resolution submit to	6252
the electors of that subdivision the question of issuing such	6253
bonds. Such resolution shall make the declarations and statements	6254
required by section 133.18 of the Revised Code. The county auditor	6255
and taxing authority shall thereupon proceed as set forth in	6256
divisions (C) and (D) of such section. The election on the	6257
question of issuing such bonds shall be held under divisions (E),	6258
(F), and (G) of such section, except that publication of the	6259
notice of such election shall be made on four separate days prior	6260
to such election in one or more newspapers of general circulation	6261
in the subdivisions. Such bonds may be exchanged at their face	6262
value with creditors of the subdivision in liquidating the	6263
indebtedness described and enumerated in division (B)(2) of this	6264
section or may be sold as provided in Chapter 133. of the Revised	6265
Code, and in either event shall be uncontestable.	6266

(H) The per cent of delinquent taxes and assessments	6267
collected for and to the credit of the subdivision after the	6268
exchange or sale of bonds as certified by the commissioner shall	6269
be paid to the authority having charge of the sinking fund of the	6270
subdivision, which money shall be placed in a separate fund for	6271
the purpose of retiring the bonds so issued. The proper authority	6272
of the subdivisions shall provide for the levying of a tax	6273
sufficient in amount to pay the debt charges on all such bonds	6274
issued under this section.	6275

(I) This section is for the sole purpose of assisting the	6276
various subdivisions in paying their unsecured indebtedness, and	6277
providing funds for disability financial assistance and disability	6278
medical assistance. The bonds issued under authority of this	6279
section shall not be used for any other purpose and any exchange	6280
for other purposes, or the use of the money derived from the sale	6281
of such bonds by the subdivision for any other purpose, is	6282
misapplication of funds.	6283

(J) The bonds authorized by this section shall be redeemable	6284
or payable in not to exceed ten years from date of issue and shall	6285
not be subject to or considered in calculating the net	6286
indebtedness of the subdivision. The budget commission of the	6287
county in which the subdivision is located shall annually allocate	6288
such portion of the then delinquent levy due such subdivision	6289
which is unpledged for other purposes to the payment of debt	6290
charges on the bonds issued under authority of this section.	6291

(K) The issue of bonds under this section shall be governed	6292
by Chapter 133. of the Revised Code, respecting the terms used,	6293
forms, manner of sale, and redemption except as otherwise provided	6294
in this section.	6295

The board of county commissioners of any county may issue	6296
bonds authorized by this section and distribute the proceeds of	6297
such bond issues to any or all of the cities and townships of such	6298
counties, according to their relative needs for disability	6299
financial assistance and disability medical assistance as	6300
determined by such county.	6301

All sections of the Revised Code inconsistent with or	6302
prohibiting the exercise of the authority conferred by this	6303
section are inoperative respecting bonds issued under this	6304
section.	6305

Sec. 131.35. (A) With respect to the federal funds received	6306
into any fund of the state from which transfers may be made under	6307
division (D) of section 127.14 of the Revised Code:	6308

(1) No state agency may make expenditures of any federal	6309
funds, whether such funds are advanced prior to expenditure or as	6310
reimbursement, unless such expenditures are made pursuant to	6311
specific appropriations of the general assembly ~~identifying the~~	6312
~~federal program that is the source of funds, are authorized~~	6313
~~pursuant to section 131.38 of the Revised Code~~, are authorized by	6314
the controlling board pursuant to division (A)(5) of this section,	6315
or are authorized by an executive order issued in accordance with	6316
section 107.17 of the Revised Code, and until an allotment has	6317
been approved by the director of budget and management. All	6318
federal funds received by a state agency shall be reported to the	6319
director within fifteen days of the receipt of such funds or the	6320
notification of award, whichever occurs first. The director shall	6321
prescribe the forms and procedures to be used when reporting the	6322
receipt of federal funds.	6323

(2) If the federal funds received are greater than the amount	6324
of such funds appropriated by the general assembly for a specific	6325
purpose, the total appropriation of federal and state funds for	6326
such purpose shall remain at the amount designated by the general	6327
assembly, except that the expenditure of federal funds received in	6328
excess of such specific appropriation may be authorized by the	6329
controlling board.	6330

(3) To the extent that the expenditure of excess federal	6331
funds is authorized, the controlling board may transfer a like	6332
amount of general revenue fund appropriation authority from the	6333
affected agency to the emergency purposes appropriation of the	6334
controlling board, if such action is permitted under federal	6335
regulations.	6336

(4) Additional funds may be created by the controlling board	6337
to receive revenues not anticipated in an appropriations act for	6338
the biennium in which such new revenues are received. Expenditures	6339
from such additional funds may be authorized by the controlling	6340
board, but such authorization shall not extend beyond the end of	6341
the biennium in which such funds are created.	6342

(5) Controlling board authorization for a state agency to	6343
make an expenditure of federal funds constitutes authority for the	6344
agency to participate in the federal program providing the funds,	6345
and the agency is not required to obtain an executive order under	6346
section 107.17 of the Revised Code to participate in the federal	6347
program.	6348

(B) With respect to nonfederal funds received into the	6349
waterways safety fund, the wildlife fund, and any fund of the	6350
state from which transfers may be made under division (D) of	6351
section 127.14 of the Revised Code:	6352

(1) No state agency may make expenditures of any such funds	6353
unless the expenditures are made pursuant to specific	6354
appropriations of the general assembly.	6355

(2) If the receipts received into any fund are greater than	6356
the amount appropriated, the appropriation for that fund shall	6357
remain at the amount designated by the general assembly or as	6358
increased and approved by the controlling board.	6359

(3) Additional funds may be created by the controlling board	6360
to receive revenues not anticipated in an appropriations act for	6361
the biennium in which such new revenues are received. Expenditures	6362
from such additional funds may be authorized by the controlling	6363
board, but such authorization shall not extend beyond the end of	6364
the biennium in which such funds are created.	6365

(C) The controlling board shall not authorize more than ten	6366
per cent of additional spending from the occupational licensing	6367
and regulatory fund, created in section 4743.05 of the Revised	6368
Code, in excess of any appropriation made by the general assembly	6369
to a licensing agency except an appropriation for costs related to	6370
the examination or reexamination of applicants for a license. As	6371
used in this division, "licensing agency" and "license" have the	6372
same meanings as in section 4745.01 of the Revised Code.	6373

Sec. 131.41. There is hereby created in the state treasury	6374
the family services stabilization fund. The fund shall consist of	6375
moneys deposited into it pursuant to acts of the general assembly.	6376
The director of budget and management, with advice from the	6377
director of job and family services, may transfer moneys in the	6378
family services stabilization fund to the general revenue fund for	6379
the department of job and family services. Moneys may be	6380
transferred due to identified shortfalls for family services	6381
activities, such as higher caseloads, federal funding changes, and	6382
unforeseen costs due to significant state policy changes. Before	6383
transfers are authorized, the director of budget and management	6384
shall exhaust the possibilities for transfers of moneys within the	6385
department of job and family services to meet the identified	6386
shortfall. Transfers shall not be used to fund policy changes not	6387
contemplated by acts of the general assembly. Any investment	6388
earnings of the family services stabilization fund shall be	6389
credited to that fund.	6390

Sec. 145.38. (A) As used in this section and ~~section~~	6391
sections 145.381 and 145.384 of the Revised Code:	6392

(1) "PERS retirant" means a former member of the public	6393
employees retirement system who is receiving one of the following:	6394

(a) Age and service retirement benefits under section 145.32,	6395
145.33, 145.331, 145.34, or 145.46 of the Revised Code;	6396

(b) Age and service retirement benefits paid by the public	6397
employees retirement system under section 145.37 of the Revised	6398
Code;	6399

6400

(2) "Other system retirant" means both of the following:

6401

(a) A member or former member of the Ohio police and fire	6402
pension fund, state teachers retirement system, school employees	6403
retirement system, state highway patrol retirement system, or	6404
Cincinnati retirement system who is receiving age and service or	6405
commuted age and service retirement benefits or a disability	6406
benefit from a system of which the person is a member or former	6407
member;	6408

(b) A member or former member of the public employees	6409
retirement system who is receiving age and service retirement	6410
benefits or a disability benefit under section 145.37 of the	6411
Revised Code paid by the school employees retirement system or the	6412
state teachers retirement system.	6413

(B)(1) Subject to this section and section 145.381 of the	6414
Revised Code, a PERS retirant or other system retirant may be	6415
employed by a public employer. If so employed, the PERS retirant	6416
or other system retirant shall contribute to the public employees	6417
retirement system in accordance with section 145.47 of the Revised	6418
Code, and the employer shall make contributions in accordance with	6419
section 145.48 of the Revised Code.	6420

(2) A public employer that employs a PERS retirant or other	6421
system retirant, or enters into a contract for services as an	6422
independent contractor with a PERS retirant shall notify the	6423
retirement board of the employment or contract not later than the	6424
end of the month in which the employment or contract commences.	6425
Any overpayment of benefits to a PERS retirant by the retirement	6426
system resulting from delay or failure of the employer to give the	6427
notice shall be repaid to the retirement system by the employer.	6428

(3) On receipt of notice from a public employer that a person	6429
who is an other system retirant has been employed, the retirement	6430
system shall notify the retirement system of which the other	6431
system retirant was a member of such employment.	6432

(4)(a) A PERS retirant who has received a retirement	6433
allowance for less than two months when employment subject to this	6434
section commences shall forfeit the retirement allowance for any	6435
month the PERS retirant is employed prior to the expiration of the	6436
two-month period. Service and contributions for that period shall	6437
not be included in calculation of any benefits payable to the PERS	6438
retirant and those contributions shall be refunded on the	6439
retirant's death or termination of the employment.	6440

(b) An other system retirant who has received a retirement	6441
allowance or disability benefit for less than two months when	6442
employment subject to this section commences shall forfeit the	6443
retirement allowance or disability benefit for any month the other	6444
system retirant is employed prior to the expiration of the	6445
two-month period. Service and contributions for that period shall	6446
not be included in the calculation of any benefits payable to the	6447
other system retirant and those contributions shall be refunded on	6448
the retirant's death or termination of the employment.	6449

(c) Contributions made on compensation earned after the	6450
expiration of the two-month period shall be used in the	6451
calculation of the benefit or payment due under section 145.384 of	6452
the Revised Code.	6453

(5) On receipt of notice from the Ohio police and fire	6454
pension fund, school employees retirement system, or state	6455
teachers retirement system of the re-employment of a PERS	6456
retirant, the public employees retirement system shall not pay, or	6457
if paid, shall recover, the amount to be forfeited by the PERS	6458
retirant in accordance with section 742.26, 3307.35, or 3309.341	6459
of the Revised Code.	6460

(6) A PERS retirant who enters into a contract to provide	6461
services as an independent contractor to the employer by which the	6462
retirant was employed at the time of retirement or, less than two	6463
months after the retirement allowance commences, begins providing	6464
services as an independent contractor pursuant to a contract with	6465
another public employer, shall forfeit the pension portion of the	6466
retirement benefit for the period beginning the first day of the	6467
month following the month in which the services begin and ending	6468
on the first day of the month following the month in which the	6469
services end. The annuity portion of the retirement allowance	6470
shall be suspended on the day services under the contract begin	6471
and shall accumulate to the credit of the retirant to be paid in a	6472
single payment after services provided under the contract	6473
terminate. A PERS retirant subject to division (B)(6) of this	6474
section shall not contribute to the retirement system and shall	6475
not become a member of the system.	6476

(7) As used in this division, "employment" includes service	6477
for which a PERS retirant or other system retirant, the retirant's	6478
employer, or both, have waived any earnable salary for the	6479
service.	6480

(C)(1) Except as provided in division (C)(3) of this section,	6481
this division applies to both of the following:	6482

(a) A PERS retirant who, prior to September 14, 2000, was	6483
subject to division (C)(1)(b) of this section as that division	6484
existed immediately prior to September 14, 2000, and has not	6485
elected pursuant to Am. Sub. S.B. 144 of the 123rd general	6486
assembly to cease to be subject to that division;	6487

(b) A PERS retirant to whom both of the following apply:

6488

(i) The retirant held elective office in this state, or in	6489
any municipal corporation, county, or other political subdivision	6490
of this state at the time of retirement under this chapter.	6491

(ii) The retirant was elected or appointed to the same office	6492
for the remainder of the term or the term immediately following	6493
the term during which the retirement occurred.	6494

(2) A PERS retirant who is subject to this division is a	6495
member of the public employees retirement system with all the	6496
rights, privileges, and obligations of membership, except that the	6497
membership does not include survivor benefits provided pursuant to	6498
section 145.45 of the Revised Code or, beginning on the ninetieth	6499
day after September 14, 2000, any amount calculated under section	6500
145.401 of the Revised Code. The pension portion of the PERS	6501
retirant's retirement allowance shall be forfeited until the first	6502
day of the first month following termination of the employment.	6503
The annuity portion of the retirement allowance shall accumulate	6504
to the credit of the PERS retirant to be paid in a single payment	6505
after termination of the employment. The retirement allowance	6506
shall resume on the first day of the first month following	6507
termination of the employment. On termination of the employment,	6508
the PERS retirant shall elect to receive either a refund of the	6509
retirant's contributions to the retirement system during the	6510
period of employment subject to this section or a supplemental	6511
retirement allowance based on the retirant's contributions and	6512
service credit for that period of employment.	6513

(3) This division does not apply to any of the following:

6514

(a) A PERS retirant elected to office who, at the time of the	6515
election for the retirant's current term, was not retired but, not	6516
less than ninety days prior to the primary election for the term	6517
or the date on which a primary for the term would have been held,	6518
filed a written declaration of intent to retire before the end of	6519
the term with the board of elections of the county in which	6520
petitions for nomination or election to the office ~~were~~are filed;	6521

(b) A PERS retirant elected to office who, at the time of the	6522
election for the retirant's current term, was a retirant and had	6523
been retired for not less than ninety days;	6524

(c) A PERS retirant appointed to office who, at the time of	6525
appointment to the retirant's current term, notified the person or	6526
entity making the appointment that the retirant was already	6527
retired or intended to retire before the end of the term.	6528

(D)(1) Except as provided in division (C) of this section, a	6529
PERS retirant or other system retirant subject to this section is	6530
not a member of the public employees retirement system, and,	6531
except as specified in this section does not have any of the	6532
rights, privileges, or obligations of membership. Except as	6533
specified in division (D)(2) of this section, the retirant is not	6534
eligible to receive health, medical, hospital, or surgical	6535
benefits under section 145.58 of the Revised Code for employment	6536
subject to this section.	6537

(2) A PERS retirant subject to this section shall receive	6538
primary health, medical, hospital, or surgical insurance coverage	6539
from the retirant's employer, if the employer provides coverage to	6540
other employees performing comparable work. Neither the employer	6541
nor the PERS retirant may waive the employer's coverage, except	6542
that the PERS retirant may waive the employer's coverage if the	6543
retirant has coverage comparable to that provided by the employer	6544
from a source other than the employer or the public employees	6545
retirement system. If a claim is made, the employer's coverage	6546
shall be the primary coverage and shall pay first. The benefits	6547
provided under section 145.58 of the Revised Code shall pay only	6548
those medical expenses not paid through the employer's coverage or	6549
coverage the PERS retirant receives through a source other than	6550
the retirement system.	6551

(E) If the disability benefit of an other system retirant	6552
employed under this section is terminated, the retirant shall	6553
become a member of the public employees retirement system,	6554
effective on the first day of the month next following the	6555
termination with all the rights, privileges, and obligations of	6556
membership. If such person, after the termination of the	6557
disability benefit, earns two years of service credit under this	6558
system or under the Ohio police and fire pension fund, state	6559
teachers retirement system, school employees retirement system, or	6560
state highway patrol retirement system, the person's prior	6561
contributions as an other system retirant under this section shall	6562
be included in the person's total service credit as a public	6563
employees retirement system member, and the person shall forfeit	6564
all rights and benefits of this section. Not more than one year of	6565
credit may be given for any period of twelve months.	6566

(F) This section does not affect the receipt of benefits by	6567
or eligibility for benefits of any person who on August 20, 1976,	6568
was receiving a disability benefit or service retirement pension	6569
or allowance from a state or municipal retirement system in Ohio	6570
and was a member of any other state or municipal retirement system	6571
of this state.	6572

(G) The public employees retirement board may adopt rules to	6573
carry out this section.	6574

Sec. 145.381. (A) This section applies in the case of a	6575
person who is or most recently has been employed by a public	6576
employer in a position that is customarily filled by a vote of	6577
members of a board or commission or by the legislative authority	6578
of a county, municipal corporation, or township.	6579

(B) A board, commission, or legislative authority that	6580
proposes to continue the employment as a reemployed retirant or	6581
rehire as a reemployed retirant to the same position an individual	6582
described in division (A) of this section shall do both of the	6583
following in accordance with rules adopted under division (C) of	6584
this section:	6585

(1) Not less than sixty days before the employment as a	6586
reemployed retirant is to begin, give public notice that the	6587
person is or will be retired and is seeking employment with the	6588
public employer;	6589

(2) Between fifteen and thirty days before the employment as	6590
a reemployed retirant is to begin and after complying with	6591
division (B)(1) of this section, hold a public meeting on the	6592
issue of the person being employed by the public employer.	6593

The notice regarding division (B)(1) of this section shall	6594
include the time, date, and location at which the public meeting	6595
is to take place.	6596

(C) The public employees retirement board shall adopt rules	6597
as necessary to implement this section.	6598

Sec. 147.01. (A) The secretary of state may appoint and	6599
commission as notaries public as many persons who meet the	6600
qualifications of division (B) of this section as the secretary of	6601
state considers necessary.	6602

(B) In order for a person to qualify to be appointed and	6603
commissioned as a notary public, the person must satisfy both of	6604
the following:	6605

(1) The person has attained the age of eighteen years.

6606

(2) One of the following applies:

6607

(a) The person is a ~~citizen~~legal resident of this state who	6608
is not an attorney admitted to the practice of law in this state	6609
by the Ohio supreme court.	6610

(b) The person is a ~~citizen~~legal resident of this state who	6611
is an attorney admitted to the practice of law in this state by	6612
the Ohio supreme court.	6613

(c) The person is not a ~~citizen~~legal resident of this state,	6614
is an attorney admitted to the practice of law in this state by	6615
the Ohio supreme court, and has the person's principal place of	6616
business or the person's primary practice in this state.	6617

(C) A notary public shall be appointed and commissioned as a	6618
notary public for the state. The secretary of state may revoke a	6619
commission issued to a notary public upon presentation of	6620
satisfactory evidence of official misconduct or incapacity.	6621

Sec. 147.37. Each person receiving a commission as notary	6622
public, ~~except~~including an attorney admitted to the practice of	6623
law in this state by the Ohio supreme court, shall pay a fee of	6624
~~five~~fifteen dollars to the secretary of state. ~~Each person~~	6625
~~receiving a commission as a notary public who is an attorney~~	6626
~~admitted to the practice of law in this state by the Ohio supreme~~	6627
~~court shall pay a fee of ten dollars to the secretary of state.~~	6628

Sec. 149.011. As used in this chapter:

6629

(A) "Public office" includes any state agency, public	6630
institution, political subdivision, or ~~any~~ other organized body,	6631
office, agency, institution, or entity established by the laws of	6632
this state for the exercise of any function of government.	6633

(B) "State agency" includes every department, bureau, board,	6634
commission, office, or other organized body established by the	6635
constitution and laws of this state for the exercise of any	6636
function of state government, including any state-supported	6637
institution of higher education, the general assembly, or any	6638
legislative agency, any court or judicial agency, or any political	6639
subdivision or agency ~~thereof~~of a political subdivision.	6640

(C) "Public money" includes all money received or collected	6641
by or due a public official, whether in accordance with or under	6642
authority of any law, ordinance, resolution, or order, under color	6643
of office, or otherwise. It also includes any money collected by	6644
any individual on behalf of a public office or as a purported	6645
representative or agent of the public office.	6646

(D) "Public official" includes all officers, employees, or	6647
duly authorized representatives or agents of a public office.	6648

(E) "Color of office" includes any act purported or alleged	6649
to be done under any law, ordinance, resolution, order, or other	6650
pretension to official right, power, or authority.	6651

(F) "Archive" includes any public record that is transferred	6652
to the state archives or other designated archival institutions	6653
because of the historical information contained on it.	6654

(G) "Records" includes any document, device, or item,	6655
regardless of physical form or characteristic, including an	6656
electronic record as defined in section 1306.01 of the Revised	6657
Code, created or received by or coming under the jurisdiction of	6658
any public office of the state or its political subdivisions,	6659
which serves to document the organization, functions, policies,	6660
decisions, procedures, operations, or other activities of the	6661
office.	6662

Sec. 149.30. The Ohio historical society, chartered by this	6663
state as a corporation not for profit to promote a knowledge of	6664
history and archaeology, especially of Ohio, and operated	6665
continuously in the public interest since 1885, may perform public	6666
functions as prescribed by law.	6667

The general assembly may appropriate money to the Ohio	6668
historical society each biennium to carry out the public functions	6669
of the society as enumerated in this section. An appropriation by	6670
the general assembly to the society constitutes an offer to	6671
contract with the society to carry out those public functions for	6672
which appropriations are made. An acceptance by the society of the	6673
appropriated funds constitutes an acceptance by the society of the	6674
offer and is considered an agreement by the society to perform	6675
those functions in accordance with the terms of the appropriation	6676
and the law and to expend the funds only for the purposes for	6677
which appropriated. The governor may request on behalf of the	6678
society, and the controlling board may release, additional funds	6679
to the society for survey, salvage, repair, or rehabilitation of	6680
an emergency nature for which funds have not been appropriated,	6681
and acceptance by the society of those funds constitutes an	6682
agreement on the part of the society to expend those funds only	6683
for the purpose for which released by the controlling board.	6684

The society shall faithfully expend and apply all moneys	6685
received from the state to the uses and purposes directed by law	6686
and for necessary administrative expenses. The society shall	6687
perform the public function of sending notice by certified mail to	6688
the owner of any property at the time it is listed on the national	6689
register of historic places. The society shall accurately record	6690
all expenditures of such funds in conformity with generally	6691
accepted accounting principles.	6692

The auditor of state shall audit all funds and fiscal records	6693
of the society.	6694

The public functions to be performed by the Ohio historical	6695
society shall include all of the following:	6696

(A) Creating, supervising, operating, protecting,	6697
maintaining, and promoting for public use a system of state	6698
memorials, titles to which may reside wholly or in part with this	6699
state or wholly or in part with the society as provided in and in	6700
conformity to appropriate acts and resolves of the general	6701
assembly, and leasing for renewable periods of two years or less,	6702
with the advice and consent of the attorney general and the	6703
director of administrative services, lands and buildings owned by	6704
the state which are in the care, custody, and control of the	6705
society, all of which shall be maintained and kept for public use	6706
at reasonable hours;	6707

(B) Making alterations and improvements, marking, and	6708
constructing, reconstructing, protecting, or restoring structures,	6709
earthworks, and monuments in its care, and equipping such	6710
facilities with appropriate educational maintenance facilities;	6711

(C) Serving as the archives administration for the state and	6712
its political subdivisions as provided in sections 149.31 to	6713
149.42 of the Revised Code;	6714

(D) Administering a state historical museum, to be the	6715
headquarters of the society and its principal museum and library,	6716
which shall be maintained and kept for public use at reasonable	6717
hours;	6718

(E) Establishing a marking system to identify all designated	6719
historic and archaeological sites within the state and marking or	6720
causing to be marked historic sites and communities considered by	6721
the society to be historically or archaeologically significant;	6722

(F) Publishing books, pamphlets, periodicals, and other	6723
publications about history, archaeology, and natural science and	6724
~~supplying~~offering one copy of each regular periodical issue to	6725
all public libraries in this state ~~without charge~~at a reasonable	6726
price, which shall not exceed one hundred ten per cent more than	6727
the total cost of publication;	6728

(G) Engaging in research in history, archaeology, and natural	6729
science and providing historical information upon request to all	6730
state agencies;	6731

(H) Collecting, preserving, and making available by all	6732
appropriate means and under approved safeguards all manuscript,	6733
print, or near-print library collections and all historical	6734
objects, specimens, and artifacts which pertain to the history of	6735
Ohio and its people, including the following original documents:	6736
Ohio Constitution of 1802; Ohio Constitution of 1851; proposed	6737
Ohio Constitution of 1875; design and the letters of patent and	6738
assignment of patent for the state flag; S.J.R. 13 (1873); S.J.R.	6739
53 (1875); S.J.R. 72 (1875); S.J.R. 50 (1883); H.J.R. 73 (1883);	6740
S.J.R. 28 (1885); H.J.R. 67 (1885); S.J.R. 17 (1902); S.J.R. 28	6741
(1902); H.J.R. 39 (1902); S.J.R. 23 (1903); H.J.R. 19 (1904);	6742
S.J.R. 16 (1905); H.J.R. 41 (1913); H.J.R. 34 (1917); petition	6743
form (2) (1918); S.J.R. 6 (1921); H.J.R. 5 (1923); H.J.R. 40	6744
(1923); H.J.R. 8 (1929); H.J.R. 20 (1929); S.J.R. 4 (1933);	6745
petition form (2) (1933); S.J.R. 57 (1936); petition form (1936);	6746
H.J.R. 14 (1942); H.J.R. 15 (1944); H.J.R. 8 (1944); S.J.R. 6	6747
(1947); petition form (1947); H.J.R. 24 (1947); and H.J.R. 48	6748
(1947);	6749

(I) Encouraging and promoting the organization and	6750
development of county and local historical societies;	6751

(J) Providing to Ohio schools ~~with~~ such materials ~~at cost or~~	6752
~~near cost~~ as the society may prepare to facilitate the instruction	6753
of Ohio history at a reasonable price, which shall not exceed one	6754
hundred ten per cent more than the total cost of preparation and	6755
delivery;	6756

(K) Providing advisory and technical assistance to local	6757
societies for the preservation and restoration of historic and	6758
archaeological sites;	6759

(L) Devising uniform criteria for the designation of historic	6760
and archaeological sites throughout the state and advising local	6761
historical societies of the criteria and their application;	6762

(M) Taking inventory, in cooperation with the Ohio arts	6763
council, the Ohio archaeological council, and the archaeological	6764
society of Ohio, of significant designated and undesignated state	6765
and local sites and keeping an active registry of all designated	6766
sites within the state;	6767

(N) Contracting with the owners or persons having an interest	6768
in designated historic or archaeological sites or property	6769
adjacent or contiguous to those sites, or acquiring, by purchase,	6770
gift, or devise, easements in those sites or in property adjacent	6771
or contiguous to those sites, in order to control or restrict the	6772
use of those historic or archaeological sites or adjacent or	6773
contiguous property for the purpose of restoring or preserving the	6774
historical or archaeological significance or educational value of	6775
those sites;	6776

(O) Constructing a monument honoring Governor James A.	6777
Rhodes, which shall stand on the northeast quadrant of the grounds	6778
surrounding the capitol building. The monument shall be	6779
constructed with private funds donated to the Ohio historical	6780
society and designated for this purpose. No public funds shall be	6781
expended to construct this monument. The department of	6782
administrative services shall cooperate with the Ohio historical	6783
society in carrying out this function and shall maintain the	6784
monument in a manner compatible with the grounds of the capitol	6785
building.	6786

(P) Commissioning a portrait of each departing governor,	6787
which shall be displayed in the capitol building. The Ohio	6788
historical society may accept private contributions designated for	6789
this purpose and, at the discretion of its board of trustees, also	6790
may apply for the same purpose funds appropriated by the general	6791
assembly to the society pursuant to this section.	6792

(Q) Planning and developing a center at the capitol building	6793
for the purpose of educating visitors about the history of Ohio,	6794
including its political, economic, and social development and the	6795
design and erection of the capitol building and its grounds. The	6796
Ohio historical society may accept contributions of private moneys	6797
and in-kind services designated for this purpose and may, at the	6798
discretion of its board of trustees, also apply, for the same	6799
purpose, personnel and other resources paid in whole or in part by	6800
its state subsidy.	6801

(R) Submitting an annual report of its activities, programs,	6802
and operations to the governor within two months after the close	6803
of each fiscal year of the state.	6804

The society shall not sell, mortgage, transfer, or dispose of	6805
historical or archaeological sites to which it has title and in	6806
which the state has monetary interest except by action of the	6807
general assembly.	6808

In consideration of the public functions performed by the	6809
Ohio historical society for the state, employees of the society	6810
shall be considered public employees within the meaning of section	6811
145.01 of the Revised Code.	6812

Sec. 149.31. (A) The Ohio historical society, in addition to	6813
its other functions, shall function as the state archives	6814
administration for the state and its political subdivisions.	6815

It shall be the function of the state archives to preserve	6816
government archives, documents, and records of historical value	6817
~~which~~that may come into its possession from public or private	6818
sources.	6819

The archives administration shall evaluate, preserve,	6820
arrange, service repair, or make other disposition, such as	6821
transfer to public libraries, county historical societies, state	6822
universities, or other public or quasi-public institutions,	6823
agencies, or corporations, of those public records of the state	6824
and its political subdivisions ~~which~~that may come into its	6825
possession under ~~the provisions of~~ this section. Such public	6826
records shall be transferred by written agreement only, and only	6827
to public or quasi-public institutions, agencies, or corporations	6828
capable of meeting accepted archival standards for housing and	6829
use.	6830

The archives administration shall be headed by a trained	6831
archivist designated by the Ohio historical society, and shall	6832
make its services available to county, city, township, and ~~school~~	6833
school district records commissions upon request. The archivist	6834
shall be designated as the "state archivist."	6835

(B) The archives administration ~~of the Ohio historical~~	6836
~~society~~ may purchase or procure for itself, or authorize the board	6837
of trustees of an archival institution to purchase or procure from	6838
an insurance company licensed to do business in this state	6839
policies of insurance insuring the administration or the members	6840
of the board and their officers, employees, and agents against	6841
liability on account of damage or injury to persons and property	6842
resulting from any act or omission of the board members, officers,	6843
employees, and agents in their official capacity.	6844

(C) Notwithstanding any other provision of the Revised Code	6845
to the contrary, the archives administration may establish a fee	6846
schedule, which may include the cost of labor, for researching,	6847
retrieving, copying, and mailing copies of public records in the	6848
state archives. Revisions to the fee schedule shall be subject to	6849
approval by the board of trustees of the Ohio historical society.	6850

Sec. 149.33. (A) The department of administrative services	6851
shall have ~~full~~ responsibility for establishing and administering	6852
a state records program for all state agencies, except for	6853
state-supported institutions of higher education. The department	6854
shall apply efficient and economical management methods to the	6855
creation, utilization, maintenance, retention, preservation, and	6856
disposition of state records.	6857

There is hereby established within the department of	6858
administrative services ~~an office of~~a state records	6859
~~administration~~program, which shall be under the control and	6860
supervision of the director of administrative services or ~~his~~the	6861
director's appointed deputy. ~~The director shall designate an~~	6862
~~administrator of the office of state records administration.~~	6863

(B) The boards of trustees of state-supported institutions of	6864
higher education shall have full responsibility for establishing	6865
and administering a records program for their respective	6866
institutions. The boards shall apply efficient and economical	6867
management methods to the creation, utilization, maintenance,	6868
retention, preservation, and disposition of the records of their	6869
respective institutions.	6870

Sec. 149.331. The state ~~record administration~~records	6871
program of the department of administrative services shall do all	6872
of the following:	6873

(A) Establish and promulgate in consultation with the state	6874
archivist standards, procedures, and techniques for the effective	6875
management of state records;	6876

(B) ~~Make continuing surveys of record-keeping operations and~~	6877
~~recommend improvements in current records management practices~~	6878
~~including the use of space, equipment, and supplies employed in~~	6879
~~creating, maintaining, storing, and servicing records;~~	6880

~~(C) Establish and operate such state records centers and~~	6881
~~auxiliary facilities as may be authorized by appropriation and~~	6882
~~provide such related services as are deemed necessary for the~~	6883
~~preservation, screening, storage, and servicing of state records~~	6884
~~pending disposition;~~	6885

~~(D)~~ Review applications for one-time records disposal and	6886
schedules of records retention and destruction submitted by state	6887
agencies in accordance with section 149.333 of the Revised Code;	6888

~~(E)~~(C) Establish "general schedules" proposing the disposal,	6889
after the lapse of specified periods of time, of records of	6890
specified form or character common to several or all agencies that	6891
either have accumulated or may accumulate in such agencies and	6892
that apparently will not, after the lapse of the periods	6893
specified, have sufficient administrative, legal, fiscal, or other	6894
value to warrant their further preservation by the state;	6895

~~(F)~~(D) Establish and maintain a records management training	6896
program, and provide a basic consulting service, for personnel	6897
involved in record-making and record-keeping functions of	6898
departments, offices, and institutions;	6899

~~(G) Obtain reports from departments, offices, and~~	6900
~~institutions necessary for the effective administration of the~~	6901
~~program;~~	6902

~~(H)~~(E) Provide for the disposition of any remaining records	6903
of any state agency, board, or commission, whether in the	6904
executive, judicial, or legislative branch of government, that has	6905
terminated its operations. After the closing of the Ohio veterans'	6906
children's home, the resident records of the home and the resident	6907
records of the home when it was known as the soldiers' and	6908
sailors' orphans' home required to be maintained by approved	6909
records retention schedules shall be administered by the state	6910
department of education pursuant to this chapter, the	6911
administrative records of the home required to be maintained by	6912
approved records retention schedules shall be administered by the	6913
department of administrative services pursuant to this chapter,	6914
and historical records of the home shall be transferred to an	6915
appropriate archival institution in this state prescribed by the	6916
state ~~record administration~~records program.	6917

~~(I)~~(F) Establish a centralized program coordinating	6918
micrographics standards, training, and services for the benefit of	6919
all state agencies;	6920

~~(J)~~(G) Establish and publish in accordance with the	6921
applicable law necessary procedures and rules for the retention	6922
and disposal of state records.	6923

This section does not apply to the records of state-supported	6924
institutions of higher education, which shall keep their own	6925
records.	6926

Sec. 149.332. Upon request the ~~state records administrator~~	6927
director of administrative services and the state archivist shall	6928
assist and advise in the establishment of records management	6929
programs in the legislative and judicial branches of state	6930
government and shall, as required by them, provide program	6931
services similar to those available to the executive branch	6932
~~pursuant to~~under section 149.33 of the Revised Code. Prior to the	6933
disposal of any records, the state archivist shall be allowed	6934
sixty days to select for preservation in the state archives those	6935
records hethe state archivist determines to have continuing	6936
historical value.	6937

Sec. 149.333. No state agency shall retain, destroy, or	6938
otherwise transfer its state records in violation of this section.	6939
This section does not apply to state-supported institutions of	6940
higher education.	6941

Each state agency shall submit to the state records	6942
~~administrator~~program under the director of administrative	6943
services all applications for records disposal or transfer and all	6944
schedules of records retention and destruction. The state records	6945
~~administrator~~program shall review ~~such~~the applications and	6946
schedules and provide written approval, rejection, or modification	6947
of ~~the~~an application or schedule. The state records ~~administrator~~	6948
program shall then forward the application for records disposal or	6949
transfer or the schedule for retention or destruction, with the	6950
~~administrator's~~program's recommendation attached, to the auditor	6951
of state for review and approval. The decision of the auditor of	6952
state to approve, reject, or modify the ~~applications~~application	6953
or ~~schedules~~schedule shall be based upon the continuing	6954
administrative and fiscal value of the state records to the state	6955
or to its citizens. If the auditor of state disapproves the action	6956
by the state agency, hethe auditor of state shall so inform the	6957
state agency through the state records ~~administrator~~program	6958
within sixty days, and ~~these~~the records shall not be destroyed.	6959
At	6960

At the same time, the state records ~~administrator~~program	6961
shall forward the application for records disposal or transfer or	6962
the schedule for retention or destruction to the state archivist	6963
for review and approval. The state archivist shall have sixty days	6964
to select for custody ~~such~~the state records ~~as he~~ that the state	6965
archivist determines to be of continuing historical value. Records	6966
not so selected shall be disposed of in accordance with this	6967
section.	6968

Sec. 149.34. The head of each state agency, office,	6969
institution, board, or commission shall do the following:	6970

(A) Establish, maintain, and direct an active continuing	6971
program for the effective management of the records of the state	6972
agency;	6973

(B) ~~Cooperate with the state records administrator in the~~	6974
~~conduct of surveys pursuant to section 149.331 of the Revised~~	6975
~~Code;~~	6976

~~(C)~~ Submit to the state records ~~administrator~~program, in	6977
accordance with applicable standards and procedures, schedules	6978
proposing the length of time each record series warrants retention	6979
for administrative, legal, or fiscal purposes after it has been	6980
received or created by the agency. The head ~~of each state agency~~	6981
also shall submit to the state records ~~administrator~~program	6982
applications for disposal of records in ~~his~~the head's custody	6983
that are not needed in the transaction of current business and are	6984
not otherwise scheduled for retention or destruction.	6985

~~(D) Transfer to a state records center or auxiliary~~	6986
~~facilities, in the manner prescribed by the state records~~	6987
~~administrator, those records of the agency that can be retained~~	6988
~~more efficiently and economically in such a center;~~	6989

~~(E)~~(C) Within one year after their date of creation or	6990
receipt, schedule all records for disposition or retention in the	6991
manner prescribed by applicable law and procedures.	6992

This section does not apply to state-supported institutions	6993
of higher education.	6994

Sec. 149.35. If any law prohibits the destruction of	6995
records, ~~neither~~ the ~~state records administrator nor~~director of	6996
administrative services, the director's designee, or the boards of	6997
trustees of state-supported institutions of higher education shall	6998
not order their destruction or other disposition~~, and, if~~. If any	6999
law provides that records shall be kept for a specified period of	7000
time, ~~neither~~ the ~~administrator nor~~director of administrative	7001
services, the director's designee, or the boards shall not order	7002
their destruction or other disposition prior to the expiration of	7003
~~such~~that period.	7004

Sec. 153.65. As used in sections 153.65 to 153.71 of the	7005
Revised Code:	7006

(A) "Public authority" means the state, or a county,	7007
township, municipal corporation, school district, or other	7008
political subdivision, or any public agency, authority, board,	7009
commission, instrumentality, or special district of the state or a	7010
county, township, municipal corporation, school district, or other	7011
political subdivision.	7012

(B) "Professional design firm" means any person legally	7013
engaged in rendering professional design services.	7014

(C) "Professional design services" means services within the	7015
scope of practice of an architect or landscape architect	7016
registered under Chapter 4703. of the Revised Code or a	7017
professional engineer or surveyor registered under Chapter 4733.	7018
of the Revised Code.	7019

(D) "Qualifications" means all of the following:

7020

(1) Competence of the professional design firm to perform the	7021
required professional design services as indicated by the	7022
technical training, education, and experience of the firm's	7023
personnel, especially the technical training, education, and	7024
experience of the employees within the firm who would be assigned	7025
to perform the services;	7026

(2) Ability of the firm in terms of its workload and the	7027
availability of qualified personnel, equipment, and facilities to	7028
perform the required professional design services competently and	7029
expeditiously;	7030

(3) Past performance of the firm as reflected by the	7031
evaluations of previous clients with respect to such factors as	7032
control of costs, quality of work, and meeting of deadlines;	7033

(4) ~~Other similar~~Any other relevant factors as determined by	7034
the public authority.	7035

Sec. 153.691. No public authority planning to contract for	7036
professional design services under section 153.69 of the Revised	7037
Code shall require any form of fee estimate, fee proposal, or	7038
other estimate or measure of compensation prior to selecting and	7039
ranking professional design firms, except in instances when firms	7040
are selected and ranked by a state agency from a list of	7041
prequalified firms created under section 153.68 of the Revised	7042
Code and the state agency's payment of funds for the professional	7043
design services has been preapproved by the controlling board.	7044

Sec. 164.14. (A) The local transportation improvement	7045
program fund is hereby created in the state treasury. The fund	7046
shall consist of moneys credited to it pursuant to ~~section~~	7047
sections 117.16 and 5735.23 of the Revised Code, and, subject to	7048
the limitations of section 5735.05 of the Revised Code, shall be	7049
used to make grants to local subdivisions for projects that have	7050
been approved by district public works integrating committees and	7051
the Ohio public works commission in accordance with this section.	7052
The fund shall be administered by the Ohio public works	7053
commission, and shall be allocated each fiscal year on a per	7054
capita basis to district public works integrating committees in	7055
accordance with the most recent decennial census statistics. Money	7056
in the fund may be used to pay reasonable costs incurred by the	7057
commission in administering this section. Investment earnings on	7058
moneys credited to the fund shall be retained by the fund.	7059

(B) Grants awarded under this section may provide up to one	7060
hundred per cent of the estimated total cost of the project.	7061

(C) No grant shall be awarded for a project under this	7062
section unless the project is designed to have a useful life of at	7063
least seven years, except that the average useful life of all such	7064
projects for which grants are awarded in each district during a	7065
fiscal year shall be not less than twenty years.	7066

(D) For the period beginning on July 1, 1989, and ending on	7067
June 30, 1994, and for each succeeding five-year period, at least	7068
one-third of the total amount of money allocated to each district	7069
from the local transportation improvement program fund shall be	7070
awarded as follows:	7071

(1) Forty-two and eight-tenths per cent for projects of	7072
municipal corporations;	7073

(2) Thirty-seven and two-tenths per cent for projects of	7074
counties;	7075

(3) Twenty per cent for projects of townships, except that	7076
the requirement of division (D)(3) of this section shall not apply	7077
in districts where the combined population of the townships in the	7078
district is less than five per cent of the population of the	7079
district.	7080

(E) Each district public works integrating committee shall	7081
review, and approve or disapprove requests submitted to it by	7082
local subdivisions for assistance from the local transportation	7083
improvement program fund. In reviewing projects submitted to it, a	7084
district public works integrating committee shall consider the	7085
following factors:	7086

(1) Whether the project is of critical importance to the	7087
safety of the residents of the local subdivision;	7088

(2) Whether the project would alleviate serious traffic	7089
problems or hazards or would respond to needs caused by rapid	7090
growth and development;	7091

(3) Whether the project would assist the local subdivision in	7092
attaining the transportation infrastructure needed to pursue	7093
significant and specific economic development opportunities;	7094

(4) The availability of other sources of funding for the	7095
project;	7096

(5) The adequacy of the planning for the project and the	7097
readiness of the local subdivision to proceed should the project	7098
be approved;	7099

(6) The local subdivision's ability to pay for and history of	7100
investing in bridge and highway improvements;	7101

(7) The impact of the project on the multijurisdictional	7102
highway and bridge needs of the district;	7103

(8) The requirements of divisions (A), (B), (C), and (D) of	7104
this section;	7105

(9) The condition of the infrastructure system proposed for	7106
improvement;	7107

(10) Any other factors related to the safety, orderly growth,	7108
or economic development of the district or local subdivision that	7109
the district public works integrating committee considers	7110
relevant.	7111

A district public works integrating committee or its	7112
executive committee may appoint a subcommittee to assist it in	7113
carrying out its responsibilities under this section.	7114

(F) Every project approved by a district public works	7115
integrating committee shall be submitted to the Ohio public works	7116
commission for its review and approval or disapproval. The	7117
commission shall not approve any project that fails to meet the	7118
requirements of this section.	7119

(G) Grants awarded from the local transportation improvement	7120
program fund shall not be limited in their usage by divisions (D),	7121
(E), (F), (G), (H), and (I) of section 164.05 of the Revised Code.	7122

(H) As used in this section, "local subdivision" means a	7123
county, municipal corporation, or township.	7124

(I) The director of the Ohio public works commission shall	7125
notify the director of budget and management of the amounts	7126
allocated pursuant to this section, and the allocation information	7127
shall be entered into the state accounting system. The director of	7128
budget and management shall establish appropriation line items as	7129
needed to track these allocations.	7130

Sec. 164.27. (A) The clean Ohio conservation fund is hereby	7131
created in the state treasury. Seventy-five per cent of the net	7132
proceeds of obligations issued and sold by the issuing authority	7133
pursuant to sections 151.01 and 151.09 of the Revised Code shall	7134
be deposited into the fund. Investment earnings of the fund shall	7135
be credited to the fund~~. For two years after the effective date of~~	7136
~~this section, investment earnings credited to the fund~~and may be	7137
used to pay costs incurred by the Ohio public works commission in	7138
administering sections 164.20 to 164.27 of the Revised Code.	7139
Moneys in the clean Ohio conservation fund shall be used to make	7140
grants to local political subdivisions and nonprofit organizations	7141
for projects that have been approved for grants under sections	7142
164.20 to 164.27 of the Revised Code.	7143

The clean Ohio conservation fund shall be administered by the	7144
Ohio public works commission.	7145

(B) For the purpose of grants issued under sections 164.20 to	7146
164.27 of the Revised Code, moneys shall be allocated on an annual	7147
basis from the clean Ohio conservation fund to districts	7148
represented by natural resources assistance councils as follows:	7149

(1) Each district shall receive an amount that is equal to	7150
one-fourth of one per cent of the total annual amount allocated to	7151
all districts each year for each county that is represented by the	7152
district.	7153

(2) The remaining moneys shall be allocated to each district	7154
annually on a per capita basis.	7155

(C) A grant that is awarded under sections 164.20 to 164.27	7156
of the Revised Code may provide up to seventy-five per cent of the	7157
estimated cost of a project. Matching funds from a grant recipient	7158
may consist of contributions of money by any person, any local	7159
political subdivision, or the federal government or of	7160
contributions in-kind by such entities through the purchase or	7161
donation of equipment, land, easements, interest in land, labor,	7162
or materials necessary to complete the project.	7163

(D) The director of the Ohio public works commission shall	7164
notify the director of budget and management of the amounts	7165
allocated pursuant to this section, and that information shall be	7166
entered in the state accounting system. The director of budget and	7167
management may establish appropriate line items or other	7168
mechanisms that are needed to track the allocations.	7169

(E) Grants awarded under sections 164.20 to 164.27 of the	7170
Revised Code from the clean Ohio conservation fund shall be used	7171
by a local political subdivision or nonprofit organization only to	7172
pay the costs related to the purposes for which grants may be	7173
issued under section 164.22 of the Revised Code and shall not be	7174
used by a local political subdivision or nonprofit organization to	7175
pay any administrative costs incurred by the local political	7176
subdivision or nonprofit organization.	7177

Sec. 165.09. Any real or personal property, or both, of an	7178
issuer ~~which~~that is acquired, constructed, reconstructed,	7179
enlarged, improved, furnished or equipped, or any combination	7180
thereof, and leased or subleased under authority of either Chapter	7181
165. or 761. of the Revised Code shall be subject to ad valorem,	7182
sales, use, and franchise taxes and to zoning, planning, and	7183
building regulations and fees, to the same extent and in the same	7184
manner as if the lessee-user or sublessee-user thereof, rather	7185
than the issuer, had acquired, constructed, reconstructed,	7186
enlarged, improved, furnished, or equipped, or any combination	7187
thereof, such real or personal property, and title thereto was in	7188
the name of such lessee-user or sublessee-user.	7189

The transfer of tangible personal property by lease or	7190
sublease under authority of either Chapter 165. or 761. of the	7191
Revised Code is not a sale as used in Chapter 5739. of the Revised	7192
Code. The exemptions provided in divisions (B)(1) and (B)~~(14)~~(13)	7193
of section 5739.02 of the Revised Code shall not be applicable to	7194
purchases for a project under either Chapters 165. or 761. of the	7195
Revised Code.	7196

An issuer shall be exempt from all taxes on its real or	7197
personal property, or both, which has been acquired, constructed,	7198
reconstructed, enlarged, improved, furnished, or equipped, or any	7199
combination thereof, under Chapter 165. or 761. of the Revised	7200
Code, so long as such property is used by the issuer for purposes	7201
which would otherwise exempt such property; has ceased to be used	7202
by a former lessee-user or sublessee-user and is not occupied or	7203
used; or has been acquired by the issuer, but development has not	7204
yet commenced. The exemption shall be effective as of the date the	7205
exempt use begins. All taxes on the exempt real or personal	7206
property for the year should be prorated and the taxes for the	7207
exempt portion of the year shall be remitted by the county	7208
auditor.	7209

Sec. 166.16. (A) The director of development, with the	7210
approval of the controlling board and subject to the other	7211
applicable provisions of this chapter, may lend moneys in the	7212
innovation Ohio loan fund to persons for the purpose of paying	7213
allowable innovation costs of an eligible innovation project if	7214
the director determines that:	7215

(1) The project is an eligible innovation project and is	7216
economically sound.	7217

(2) The borrower is unable to finance the necessary allowable	7218
costs through ordinary financial channels upon comparable terms.	7219

(3) The amount to be lent from the innovation Ohio loan fund	7220
will not exceed ninety per cent of the total costs of the eligible	7221
innovation project.	7222

(4) The repayment of the loan from the innovation Ohio loan	7223
fund will be secured by a mortgage, lien, assignment, or pledge,	7224
or other interest in property or innovation property at such level	7225
of priority and value as the director may determine necessary,	7226
provided that, in making such a determination, the director may	7227
take into account the value of any rights granted by the borrower	7228
to the director to control the use of any property or innovation	7229
property of the borrower under the circumstances described in the	7230
loan documents.	7231

(B) The determinations of the director under division (A) of	7232
this section shall be conclusive for purposes of the validity of a	7233
loan commitment evidenced by a loan agreement signed by the	7234
director.	7235

(C) Fees, charges, rates of interest, times of payment of	7236
interest and principal, and other terms, conditions, and	7237
provisions of and security for loans made from the innovation Ohio	7238
loan fund shall be such as the director determines to be	7239
appropriate and in furtherance of the purpose for which the loans	7240
are made. The moneys used in making the loans shall be disbursed	7241
from the innovation Ohio loan fund upon order of the director.	7242
Unless otherwise specified in any indenture or other instrument	7243
securing obligations under division (D) of section 166.08 of the	7244
Revised Code, any payments of principal and interest from loans	7245
made from the innovation Ohio loan fund shall be paid to the	7246
innovation Ohio loan fund and used for the purpose of making	7247
loans.	7248

(D) ~~The~~There is hereby created in the state treasury the	7249
innovation Ohio loan fund ~~is hereby created as a special revenue~~	7250
~~fund and a trust fund which shall be in the custody of the~~	7251
~~treasurer of state but shall be separate and apart from and not a~~	7252
~~part of the state treasury~~. The fund shall consist of all grants,	7253
gifts, and contributions of moneys or rights to moneys lawfully	7254
designated for or deposited in such fund, all moneys and rights to	7255
moneys lawfully appropriated and transferred to such fund,	7256
including moneys received from the issuance of obligations for	7257
purposes of allowable innovation costs under section 166.08 of the	7258
Revised Code, and moneys deposited to such fund pursuant to	7259
divisions (C) and (G) of this section. All investment earnings on	7260
the cash balance in the fund shall be credited to the fund. The	7261
~~innovation Ohio loan~~ fund shall not be comprised, in any part, of	7262
moneys raised by taxation.	7263

(E) The director may take actions necessary or appropriate to	7264
collect or otherwise deal with any loan made under this section.	7265

(F) The director may fix service charges for the making of a	7266
loan. The charges shall be payable at such times and place and in	7267
such amounts and manner as may be prescribed by the director.	7268

(G) ~~The treasurer of state shall serve as an agent for the~~	7269
~~director in the making of deposits and withdrawals and maintenance~~	7270
~~of records pertaining to the innovation Ohio loan fund.~~	7271

~~(H)~~(1) There shall be credited to the innovation Ohio loan	7272
fund the moneys received by this state from the repayment of	7273
innovation Ohio loans and recovery on loan guarantees, including	7274
interest thereon, made from the innovation Ohio loan fund or from	7275
the innovation Ohio loan guarantee fund and from the sale, lease,	7276
or other disposition of property acquired or constructed ~~from~~with	7277
moneys in the innovation Ohio loan fund with moneys derived from	7278
the proceeds of the sale of obligations under section 166.08 of	7279
the Revised Code. Such moneys shall be applied as provided in this	7280
chapter pursuant to appropriations made by the general assembly.	7281

(2) Notwithstanding division ~~(H)~~(G)(1) of this section, any	7282
amounts recovered on innovation Ohio loan guarantees shall be	7283
deposited to the credit of the innovation Ohio loan guarantee fund	7284
to the extent necessary to restore that fund to the innovation	7285
Ohio loan guarantee reserve requirement or any level in excess	7286
thereof required by any guarantee contract. Money in the	7287
innovation Ohio loan guarantee fund in excess of the innovation	7288
Ohio loan guarantee reserve requirement, but subject to the	7289
provisions and requirements of any guarantee contracts, may be	7290
transferred to the innovation Ohio loan fund by the treasurer of	7291
state upon the order of the director of development.	7292

(3) In addition to the requirements of division ~~(H)~~(G)(1) of	7293
this section, moneys referred to in that division may be deposited	7294
to the credit of separate accounts within the innovation Ohio loan	7295
fund or in the bond service fund and pledged to the security of	7296
obligations, applied to the payment of bond service charges	7297
without need for appropriation, released from any such pledge and	7298
transferred to the innovation Ohio loan fund, all as and to the	7299
extent provided in the bond proceedings pursuant to written	7300
directions by the director of development. Accounts may be	7301
established by the director in the innovation Ohio loan fund for	7302
particular projects or otherwise. ~~Income from the investment of~~	7303
~~moneys in the innovation Ohio loan fund shall be credited to that~~	7304
~~fund and, as may be provided in bond proceedings, to particular~~	7305
~~accounts in that fund.~~ The ~~treasurer of state~~director may	7306
withdraw from the innovation Ohio loan fund or, subject to	7307
provisions of the applicable bond proceedings, from any special	7308
funds established pursuant to the bond proceedings, or from any	7309
accounts in such funds, any amounts of investment income required	7310
to be rebated and paid to the federal government in order to	7311
maintain the exemption from federal income taxation of interest on	7312
obligations issued under this chapter, which withdrawal and	7313
payment may be made without necessity for appropriation.	7314

Sec. 173.06. (A) The director of aging shall establish a	7315
golden buckeye card program and provide a golden buckeye card to	7316
any resident of this state who applies to the director for a card	7317
and ~~who~~ is sixty years of age or older or ~~disabled~~is a person	7318
with a disability and is eighteen years of age or older. The	7319
director shall devise programs to provide benefits of any kind to	7320
card holders, and encourage support and participation in them by	7321
all persons, including governmental organizations. Card holders	7322
shall be entitled to any benefits granted to them by private	7323
persons or organizations, the laws of this state, or ordinances or	7324
resolutions of political subdivisions. This section does not	7325
require any person or organization to provide benefits to any card	7326
holder. The department of aging shall bear all costs of the	7327
program, except that the department is not required to bear any	7328
costs related to the prescription drug ~~discount~~ programs	7329
established pursuant to section 173.061 of the Revised Code.	7330

(B) Before issuing a golden buckeye card to any person, the	7331
director shall establish the identity of any person who applies	7332
for a card and shall ascertain that such person is sixty years of	7333
age or older or ~~disabled~~is a person with a disability and is	7334
eighteen years of age or older. The director shall adopt rules	7335
under Chapter 119. of the Revised Code to prevent the issuance of	7336
cards to persons not qualified to have them. Cards shall contain	7337
the signature of the card holder and any other information the	7338
director considers necessary to carry out the purposes of the	7339
golden buckeye card program under this section. Any card that the	7340
director issues shall be held in perpetuity by the original card	7341
holder and shall not be transferable to any other person. A person	7342
who loses the person's card may obtain another card from the	7343
director upon providing the same information to the director as	7344
was required for the issuance of the original card.	7345

(C) No person shall use a golden buckeye card except to	7346
obtain a benefit for the holder of the card to which the holder is	7347
entitled under the conditions of the offer.	7348

(D) As used in this section, "~~disabled~~ person with a	7349
disability" means a person who has some impairment of body or mind	7350
~~that makes the person unfit to work at any substantially~~	7351
~~remunerative employment that the person is substantially able to~~	7352
~~perform and that will, with reasonable probability, continue for a~~	7353
~~period of at least twelve months without any present indication of~~	7354
~~recovery therefrom, or who~~and has been certified as permanently	7355
and totally disabled by an agency of this state or the United	7356
States having the function of so classifying persons.	7357

Sec. 173.061. (A) As used in this section:

7358

(1) "Prescription drug" means a drug that may not be	7359
dispensed without a prescription from a licensed health	7360
professional authorized to prescribe drugs.	7361

(2) "Drug," "licensed health professional authorized to	7362
prescribe drugs," "pharmacy," and "prescription" have the same	7363
meanings as in section 4729.01 of the Revised Code.	7364

(3) "~~Disabled person~~Person with a disability" has the same	7365
meaning as in section 173.06 of the Revised Code.	7366

(4) "Drug discount" means a reimbursement of a certain	7367
portion of the wholesale price of a drug to the administrator of a	7368
prescription drug program for funds accrued or paid in connection	7369
with a reduction in cost of the drug by the manufacturer to the	7370
prescription drug program cardholder pursuant to an agreement	7371
between the manufacturer and the administrator and in	7372
consideration of the administrator's agreement to return one	7373
hundred per cent of the non-negotiated discounts to the cardholder	7374
at the point of sale. A discount is not tied to and does not vary	7375
based on market share performance.	7376

(5) "Rebate" means a refund of a certain portion of the	7377
wholesale price of a drug to the administrator of a prescription	7378
drug program based on a negotiated agreement between the	7379
manufacturer and the administrator and in consideration of market	7380
share performance or continued access or availability of the drug	7381
under the administrator's prescription drug program.	7382

(B) The director of aging shall establish one or more	7383
prescription drug ~~discount card~~ programs that enable cardholders	7384
to receive ~~discounts~~reduced prices on prescription drugs	7385
dispensed at participating pharmacies. A card shall be provided to	7386
any resident of this state who applies in accordance with rules	7387
adopted by the director pursuant to division (F) of this section	7388
and is sixty years of age or older or is a ~~disabled~~ person with a	7389
disability.	7390

If the director establishes more than one prescription drug	7391
~~discount card~~ program under this section, an eligible resident may	7392
participate in one or more or all of the programs.	7393

(C)(1) The director shall solicit and accept proposals from	7394
entities separate from the department of aging to provide for	7395
administration of a program or programs in accordance with rules	7396
adopted under division (F) of this section. Proposals must be	7397
submitted not later than a date established by the director. The	7398
director shall accept only those proposals that specify all of the	7399
following:	7400

(a) The estimated amount of the ~~discount~~reduced prices on	7401
prescription drugs based on the entity's previous experience and	7402
how the ~~discount~~reduction is to be achieved;	7403

(b) To the extent that ~~discounts on prescription drugs are to~~	7404
~~be achieved through rebates or discounts in prices that the~~an	7405
entity negotiates rebates with drug manufacturers, the proportion	7406
of the rebates ~~or discounts~~ to be used to do ~~all~~any of the	7407
following:	7408

(i) Reduce any costs to cardholders;

7409

(ii) ~~Achieve discounts for cardholders;~~

7410

~~(iii)~~ Cover costs for administering the program;

7411

(iii) Offer any other benefits to cardholders.

7412

7413

(d) If fees are permitted, the fee, if any, to cardholders	7414
for participation in the program and whether the fee is to be a	7415
one-time or periodic fee;	7416

(e) The estimated number and geographic distribution of	7417
participating pharmacies and the process for establishing the	7418
program's pharmacy network;	7419

(f) Financial incentives to be paid to participating	7420
pharmacies by the entity;	7421

(g) The percentage of prescription drugs to be covered by the	7422
program by major drug category;	7423

(h) How the entity proposes to improve medication management	7424
for cardholders;	7425

(i) How cardholders and participating pharmacies will be	7426
informed of the ~~discounted~~reduced price negotiated by the entity;	7427

(j) How the entity will handle complaints about the program's	7428
operation;	7429

(k) The entity's previous experience in managing similar	7430
programs;	7431

(l) Any additional information requested by the director.

7432

(2) The director shall contract with one or more entities to	7433
administer a program or programs on the basis of the proposals	7434
submitted, but may require an administrator to modify its conduct	7435
of a program in accordance with rules adopted under division (F)	7436
of this section. Prior to entering into a contract with an entity,	7437
the director shall obtain approval of the contract from the	7438
controlling board at a public hearing.	7439

The director shall adopt rules specifying the period for	7440
which a contract will be in effect and may terminate a contract if	7441
an administrator fails to conduct a program in accordance with its	7442
proposal or with any modifications required by rule. When a	7443
contract period ends or a contract is terminated, the director	7444
shall enter into a new contract in the manner specified in this	7445
section for an original contract. Prior to making a new contract,	7446
the director may modify the rules for administration of the	7447
program or programs.	7448

(D) The rules for administration of a program established	7449
under division (C)(2) of this section may permit an administrator	7450
to charge a fee for a prescription drug ~~discount~~ card. The fee may	7451
be a one-time or periodic fee. If the rules permit a fee to be	7452
charged, each entity that submits a proposal under which a fee	7453
will be charged shall specify the amount of the fee and the period	7454
to which the fee will apply.	7455

If an administrator charges a fee for a prescription drug	7456
~~discount~~ card, the rules may require the administrator to issue	7457
the cards. If an administrator does not charge a fee, the rules	7458
may require the administrator to issue the cards or may include	7459
the prescription drug ~~discount~~ information on golden buckeye cards	7460
issued under section 173.06 of the Revised Code.	7461

(E) As used in this division, "administrator" includes the	7462
administrator's parent company and any subsidiary of the parent	7463
company.	7464

(1) No administrator shall sell any information concerning a	7465
person who holds a prescription drug ~~discount~~ card, other than	7466
aggregate information that does not identify the cardholder,	7467
without the cardholder's written consent.	7468

(2) Unless an administrator has the cardholder's written	7469
consent, no administrator shall use any personally identifiable	7470
information that it obtains concerning a cardholder through the	7471
program to promote or sell a program or product offered by the	7472
administrator that is not related to the administration of the	7473
program. This division does not prohibit an administrator from	7474
contacting cardholders concerning participation in or	7475
administration of the program, including, but not limited to,	7476
mailing a list of pharmacies participating in the program's	7477
network.	7478

(3) When determining medicaid drug rebates, an administrator	7479
shall be subject to best price calculations promulgated by the	7480
centers for medicare and medicaid services in the United States	7481
department of health and human services. With prior approval of	7482
the controlling board, an administrator may use rebates negotiated	7483
with a drug manufacturer for purposes other than those provided in	7484
divisions (E)(3)(a), (b), and (c) of this section, including	7485
sharing a portion of the rebate with the administrator's clients,	7486
prescription drug program participants, or participating	7487
pharmacies. To the extent that ~~a discount is achieved through~~	7488
~~rebates or discounts in prices that~~ an administrator negotiates	7489
rebates with drug manufacturers, anthe administrator shall use	7490
the rebates ~~or discounts~~ to do one or more of the following:	7491

(a) Reduce any costs to cardholders;

7492

(b) ~~Achieve discounts for cardholders;~~

7493

~~(c)~~ Cover any administrative costs of the program;

7494

7495

(4) An administrator may negotiate with drug manufacturers to	7496
have the prescription drug program or programs established by the	7497
department of aging under this section serve as a single	7498
enrollment point for the manufacturer's discount program. To the	7499
extent that discounts are offered by manufacturers through the	7500
program, discounts are exempt from best price calculations when	7501
determining medicaid drug rebates pursuant to 42 U.S.C. 1396r-8,	7502
as amended, if all of the following apply:	7503

(a) The manufacturer's program provides prescription drug	7504
assistance to a limited group of persons without negotiations	7505
between the manufacturer and a third party regarding the amount of	7506
assistance.	7507

(b) The manufacturer establishes the amount of the benefit to	7508
be given to persons without negotiations between the manufacturer	7509
and a third party regarding the amount of the benefit.	7510

(c) The entire amount of the discount is used to benefit an	7511
individual without providing an opportunity for the administrator,	7512
participating pharmacies, or any other third party to reduce or	7513
take for its use a portion of the benefit.	7514

(d) A participating pharmacy is reimbursed based on the lower	7515
of a calculated formula equal to the average wholesale price less	7516
a defined percentage plus a dispensing fee, or the pharmacy's	7517
usual and customary price for the drug.	7518

(e) Other than the benefit amount, a participating pharmacy	7519
collects no additional payment from the manufacturer's discount	7520
program.	7521

(5) To the extent that drug discounts on prescription drugs	7522
are achieved through reduced prices an administrator obtains from	7523
drug manufacturers, the administrator shall use the drug discounts	7524
to reduce prescription drug costs for cardholders.	7525

(F) The director shall adopt rules in accordance with Chapter	7526
119. of the Revised Code that do all of the following:	7527

(1) Specify how a resident may apply to participate in any	7528
one or more prescription drug discount card programs;	7529

(2) Provide for the administration of each program;

7530

(3) Specify the circumstances under which the director may	7531
require an administrator to modify its conduct of a program;	7532

(4) Specify the duration of a contract;

7533

(5) Specify whether an administrator may charge a fee for a	7534
card and whether an administrator is required to issue the cards;	7535

(6) Require that an administrator permit any pharmacy willing	7536
to comply with the administrator's terms and conditions for	7537
participation in the program's network to participate in any	7538
network used by the administrator for its program;	7539

(7) Prohibit an administrator from requiring a pharmacy or	7540
drug manufacturer to participate in the program's network as a	7541
condition of participation in another network operated by the	7542
administrator;	7543

(8) Permit an administrator to work with one or more drug	7544
manufacturers to obtain drug discounts;	7545

(9) Permit an administrator to negotiate with one or more	7546
drug manufacturers for ~~discounts in drug prices or~~ rebates;	7547

~~(9)~~(10) Permit an administrator to receive any rebate	7548
payments from drug manufacturers;	7549

~~(10)~~(11) Require that an administrator create a financial	7550
incentive program for participating pharmacies through which the	7551
administrator shall distribute a portion of any rebate payments	7552
from drug manufacturers received under division (F)~~(9)~~(10) of this	7553
section.	7554

(G) Not later than one month after the end of each	7555
twelve-month period that one or more prescription drug ~~discount~~	7556
~~card~~ programs are in operation, each administrator shall collect	7557
from each of its participating pharmacies and provide to the	7558
director of aging the information required by section 173.071 of	7559
the Revised Code.	7560

Sec. 173.062. Records identifying the recipients of golden	7561
buckeye cards issued under section 173.06 of the Revised Code or	7562
prescription drug ~~discount~~ cards issued under section 173.061 of	7563
the Revised Code are not public records subject to inspection or	7564
copying under section 149.43 of the Revised Code and may be	7565
disclosed only at the discretion of the director of aging. The	7566
director may disclose only information in records identifying the	7567
recipients of golden buckeye cards or prescription drug ~~discount~~	7568
cards that does not contain the recipient's medical history or	7569
prescription drug utilization history.	7570

Sec. 173.07. Not later than four months after the end of each	7571
twelve-month period that one or more prescription drug ~~discount~~	7572
~~card~~ programs established under section 173.061 of the Revised	7573
Code are in operation, the director of aging shall issue a report	7574
on the operation of each program during that twelve-month period.	7575

Sec. 173.071. Each report issued under section 173.07 of the	7576
Revised Code shall be based on information received by the	7577
director of aging from each administrator under division (G) of	7578
section 173.061 of the Revised Code and specify all of the	7579
following about each program:	7580

(A) The number of prescription drug ~~discount~~ cardholders;

7581

(B) The number of cardholders who used the card at least once	7582
in the immediately preceding twelve-month period;	7583

(C) The total cost savings to all cardholders generated by	7584
the program;	7585

(D) The average cost savings to a cardholder per	7586
prescription;	7587

(E) The source and method of cost savings under the program;

7588

(F) The drugs that are discounted under the program listed	7589
according to major drug category;	7590

(G) The drugs for which rebates are offered under the	7591
program, listed according to major drug category;	7592

(H) For each participating pharmacy, the number of times in	7593
the twelve-month period that the pharmacy's customary and usual	7594
price was lower than the price offered under the prescription drug	7595
~~discount~~ program;	7596

~~(H)~~(I) The name of the program's administrator;

7597

~~(I)~~(J) The length of the contract between the director and	7598
the program's administrator;	7599

~~(J)~~(K) The number of pharmacies participating in the program;

7600

~~(K)~~(L) Other than the cost of prescription drugs, any fees	7601
paid by cardholders to participate in the program;	7602

~~(L)~~(M) Any costs incurred by the state to operate the	7603
program;	7604

~~(M)~~(N) Any costs incurred by participating pharmacies to	7605
participate in the program.	7606

Sec. 173.08. (A) The resident services coordinator program is	7607
established in the department of aging to fund resident services	7608
coordinators. The coordinators shall provide information to	7609
low-income and special-needs tenants, including the elderly, who	7610
live in subsidized rental housing complexes, and assist those	7611
tenants in identifying and obtaining community and program	7612
services and other benefits for which they are eligible.	7613

(B) The resident services coordinator program fund is hereby	7614
created in the state treasury to support the resident services	7615
coordinator program established pursuant to this section. The fund	7616
consists of all moneys the department of development sets aside	7617
pursuant to division (A)(4) of section 175.21 of the Revised Code	7618
and moneys the general assembly appropriates to the fund.	7619

Sec. 173.14. As used in sections 173.14 to 173.26 of the	7620
Revised Code:	7621

(A)(1) Except as otherwise provided in division (A)(2) of	7622
this section, "long-term care facility" includes any residential	7623
facility that provides personal care services for more than	7624
twenty-four hours for two or more unrelated adults, including all	7625
of the following:	7626

(a) A "nursing home," "residential care facility," or "home	7627
for the aging" as defined in section 3721.01 of the Revised Code;	7628

(b) A facility authorized to provide extended care services	7629
under Title XVIII of the "Social Security Act," 49 Stat. 620	7630
(1935), 42 U.S.C. 301, as amended;	7631

(c) A county home or district home operated pursuant to	7632
Chapter 5155. of the Revised Code;	7633

(d) An "adult care facility" as defined in section 3722.01 of	7634
the Revised Code;	7635

(e) A facility approved by the veterans administration under	7636
section 104(a) of the "Veterans Health Care Amendments of 1983,"	7637
97 Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for	7638
the placement and care of veterans;	7639

(f) An adult foster home certified under section 173.36 of	7640
the Revised Code.	7641

(2) "Long-term care facility" does not include a "residential	7642
facility" as defined in section 5119.22 of the Revised Code or a	7643
"residential facility" as defined in section 5123.19 of the	7644
Revised Code.	7645

(B) "Resident" means a resident of a long-term care facility	7646
and, where appropriate, includes a prospective, previous, or	7647
deceased resident of a long-term care facility.	7648

(C) "Community-based long-term care services" means health	7649
and social services provided to persons ~~age sixty or older~~ in	7650
their own homes or in community care settings, and includes any of	7651
the following:	7652

(1) Case management;

7653

(2) Home health care;

7654

(3) Homemaker services;

7655

(4) Chore services;

7656

(5) Respite care;

7657

(6) Adult day care;

7658

(7) Home-delivered meals;

7659

(8) Personal care;

7660

(9) Physical, occupational, and speech therapy;

7661

(10) Any other health and social services provided to persons	7662
~~age sixty or older~~ that allow them to retain their independence in	7663
their own homes or in community care settings.	7664

(D) "Recipient" means a recipient of community-based	7665
long-term care services and, where appropriate, includes a	7666
prospective, previous, or deceased recipient of community-based	7667
long-term care services.	7668

(E) "Sponsor" means an adult relative, friend, or guardian	7669
who has an interest in or responsibility for the welfare of a	7670
resident or a recipient.	7671

(F) "Personal care services" has the same meaning as in	7672
section 3721.01 of the Revised Code.	7673

(G) "Regional long-term care ombudsperson program" means an	7674
entity, either public or private and nonprofit, designated as a	7675
regional long-term care ombudsperson program by the state	7676
long-term care ombudsperson.	7677

(H) "Representative of the office of the state long-term care	7678
ombudsperson program" means the state long-term care ombudsperson	7679
or a member of the ombudsperson's staff, or a person certified as	7680
a representative of the office under section 173.21 of the Revised	7681
Code.	7682

(I) "Area agency on aging" means an area agency on aging	7683
established under the "Older Americans Act of 1965," 79 Stat. 219,	7684
42 U.S.C.A. 3001, as amended.	7685

Sec. 173.26. (A) Each of the following facilities shall	7686
annually pay to the department of aging ~~three~~six dollars for each	7687
bed maintained by the facility for use by a resident during any	7688
part of the previous year:	7689

(1) Nursing homes, residential care facilities, and homes for	7690
the aging as defined in section 3721.01 of the Revised Code;	7691

(2) Facilities authorized to provide extended care services	7692
under Title XVIII of the "Social Security Act," 49 Stat. 620	7693
(1935), 42 U.S.C. 301, as amended;	7694

(3) County homes and district homes operated pursuant to	7695
Chapter 5155. of the Revised Code;	7696

(4) Adult care facilities as defined in section 3722.01 of	7697
the Revised Code;	7698

(5) ~~Adult foster homes certified under section 173.36 of the~~	7699
~~Revised Code;~~	7700

~~(6)~~ Facilities approved by the Veterans Administration under	7701
Section 104(a) of the "Veterans Health Care Amendments of 1983,"	7702
97 Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for	7703
the placement and care of veterans.	7704

The department shall, by rule adopted ~~under section 111.15~~in	7705
accordance with Chapter 119. of the Revised Code, establish	7706
deadlines for payments required by this section.	7707

(B) All money collected under this section shall be deposited	7708
in the state treasury to the credit of the office of the state	7709
long-term care ~~ombudsman~~ombudsperson program fund, which is	7710
hereby created. Money credited to the fund shall be used solely to	7711
pay the costs of operating the regional long-term care ~~ombudsman~~	7712
ombudsperson programs.	7713

(C) The state long-term care ~~ombudsman~~ombudsperson and the	7714
regional programs may solicit and receive contributions to support	7715
the operation of the office or a regional program, except that no	7716
contribution shall be solicited or accepted that would interfere	7717
with the independence or objectivity of the office or program.	7718

Sec. 175.03. (A)(1) The Ohio housing finance agency shall	7719
consist of eleven members. Nine of the members shall be appointed	7720
by the governor with the advice and consent of the senate. The	7721
director of commerce and the director of development, or their	7722
respective designees, shall also be voting members of the agency.	7723
Of the nine appointed members, at least one shall have experience	7724
in residential housing construction; at least one shall have	7725
experience in residential housing mortgage lending, loan	7726
servicing, or brokering; at least one shall have experience in the	7727
licensed residential housing brokerage business; at least one	7728
shall have experience with the housing needs of senior citizens;	7729
at least one shall be from a background in labor representation in	7730
the construction industry; at least one shall represent the	7731
interests of nonprofit multifamily housing development	7732
corporations; at least one shall represent the interests of	7733
for-profit multifamily housing development organizations; and two	7734
shall be public members. The governor shall receive	7735
recommendations from the Ohio housing council for appointees to	7736
represent the interests of nonprofit multifamily housing	7737
development corporations and for-profit multifamily housing	7738
development organizations. Each appointee representing multifamily	7739
housing interests currently shall be employed with an organization	7740
that is active in the area of affordable housing development or	7741
management. No more than six of the appointed members of the	7742
agency shall be of the same political party. Of the appointments	7743
made to the agency for the eighth and ninth appointed members in	7744
accordance with this amendment, one shall be for a term ending on	7745
January 31, 2005, and one shall be for a term ending on January	7746
31, 2006. Thereafter, each appointed member shall serve for a term	7747
ending on the thirty-first day of January which is six years	7748
following the date of termination of the term which it succeeds.	7749
Each member shall hold office from the date of the member's	7750
appointment until the end of the term for which the member was	7751
appointed. Any member appointed to fill a vacancy occurring prior	7752
to the expiration of the term for which the member's predecessor	7753
was appointed shall hold office for the remainder of such term.	7754
Any appointed member shall continue in office subsequent to the	7755
expiration date of the member's term until the member's successor	7756
takes office, or until a period of sixty days has elapsed,	7757
whichever occurs first. Each appointed member may be removed from	7758
office by the governor for misfeasance, nonfeasance, malfeasance	7759
in office, or for failure to attend in person three consecutive	7760
meetings of the agency.	7761

(2) The ~~director of development or the director's designee~~	7762
governor shall beappoint the chairperson of the agency. The	7763
agency shall elect one of its ~~appointed~~ members as	7764
vice-chairperson and such other officers as it deems necessary,	7765
who need not be members of the agency. Each appointed member of	7766
the agency shall receive compensation at the rate of one hundred	7767
fifty dollars per agency meeting attended in person, not to exceed	7768
a maximum of three thousand dollars per year. All members shall be	7769
reimbursed for their actual and necessary expenses incurred in the	7770
discharge of their official duties.	7771

(3) Six members of the agency constitute a quorum, and the	7772
affirmative vote of six members shall be necessary for any action	7773
taken by the agency. No vacancy in membership of the agency	7774
impairs the right of a quorum to exercise all the rights and	7775
perform all the duties of the agency. Meetings of the agency may	7776
be held at any place within the state. Meetings of the agency,	7777
including notice of the place of meetings, shall comply with	7778
section 121.22 of the Revised Code.	7779

(B)(1) The appointed members of the agency are not subject to	7780
section 102.02 of the Revised Code. Each such appointed member	7781
shall file with the agency a signed written statement setting	7782
forth the general nature of sales of goods, property or services	7783
or of loans to the agency in which such member has a pecuniary	7784
interest or in which any member of the member's immediate family,	7785
as defined in section 102.01 of the Revised Code, or any	7786
corporation, partnership or enterprise of which the member is an	7787
officer, director, or partner, or of which the member or a member	7788
of the member's immediate family, as so defined, owns more than a	7789
five per cent interest, has a pecuniary interest, and of which	7790
sale, loan and interest such member has knowledge. The statement	7791
shall be supplemented from time to time to reflect changes in the	7792
general nature of any such sales or loans. No member shall	7793
participate in portions of agency meetings dealing with, or vote	7794
concerning, any such matter.	7795

(2) The requirements of this section pertaining to disclosure	7796
and prohibition from participation and voting do not apply to	7797
agency loans to lending institutions or contracts between the	7798
agency and lending institutions for the purchase, administration,	7799
or servicing of loans notwithstanding that such lending	7800
institution has a director, officer, employee, or owner who is a	7801
member of the agency, and no such loans or contracts shall be	7802
deemed to be prohibited or otherwise regulated by reason of any	7803
other law or rule.	7804

(3) The members of the agency representing multifamily	7805
housing interests are not in violation of division (A) of section	7806
2921.42, division (D) of section 102.03, or division (E) of	7807
section 102.03 of the Revised Code in regard to a contract the	7808
agency enters into if both of the following apply:	7809

(a) The contract is entered into for a loan, grant, or	7810
participation in a program administered or funded by the agency	7811
and the contract was awarded pursuant to rules or guidelines the	7812
agency adopted.	7813

(b) The member does not participate in the discussion or vote	7814
on the contract if the contract secured a grant or loan that would	7815
directly benefit the member, a family member, or a business	7816
associate of the member.	7817

Sec. 175.21. (A) The low- and moderate-income housing trust	7818
fund is hereby created in the state treasury. The fund shall	7819
consist of all appropriations,made to the fund, housing trust	7820
fund fees collected by county recorders pursuant to section 317.36	7821
of the Revised Code and deposited into the fund pursuant to	7822
section 319.63 of the Revised Code, and all grants, gifts, loan	7823
repayments, and contributions of money made from any source to the	7824
department of development for deposit in the fund. All investment	7825
earnings of the fund shall be credited to the fund. The director	7826
of development shall allocate a portion of the money in the fund	7827
to an account of the Ohio housing finance agency. The department	7828
shall administer the fund. The agency shall use money allocated to	7829
it in the fund for implementing and administering its programs and	7830
duties under sections 175.22 and 175.24 of the Revised Code, and	7831
the department shall use the remaining money in the fund for	7832
implementing and administering its programs and duties under	7833
sections 175.22 to 175.25 of the Revised Code. Use of all money in	7834
the fund is subject to the following restrictions:	7835

(1) Not more than six per cent of any current year	7836
appropriation authority for the fund shall be used for the	7837
transitional and permanent housing program to make grants to	7838
municipal corporations, counties, townships, and nonprofit	7839
organizations for the acquisition, rehabilitation, renovation,	7840
construction, conversion, operation, and cost of supportive	7841
services for new and existing transitional and permanent housing	7842
for homeless persons.	7843

(2)(a) Not more than five per cent of any current year	7844
appropriation authority for the fund shall be used for grants and	7845
loans to community development corporations and the Ohio community	7846
development finance fund, a private nonprofit corporation.	7847

(b) In any year in which the amount in the fund exceeds one	7848
hundred thousand dollars, not less than one hundred thousand	7849
dollars shall be used to provide training, technical assistance,	7850
and capacity building assistance to nonprofit development	7851
organizations in areas of the state the director designates as	7852
underserved.	7853

(c) For monies awarded in any fiscal year, priority shall be	7854
given to proposals submitted by nonprofit development	7855
organizations from areas of the state the director designates as	7856
underserved.	7857

(3) Not more than seven per cent of any current year	7858
appropriation authority for the fund shall be used for the	7859
emergency shelter housing grants program to make grants to	7860
private, nonprofit organizations and municipal corporations,	7861
counties, and townships for emergency shelter housing for the	7862
homeless. The grants shall be distributed pursuant to rules the	7863
director adopts and qualify as matching funds for funds obtained	7864
pursuant to the McKinney Act, 101 Stat. 85 (1987), 42 U.S.C.A.	7865
11371 to 11378.	7866

(4) In any fiscal year in which the amount in the fund	7867
exceeds the amount awarded pursuant to division (A)(2)(b) of this	7868
section by at least two hundred fifty thousand dollars, at least	7869
two hundred fifty thousand dollars from the fund shall be provided	7870
to the department of aging for the resident services coordinator	7871
program.	7872

(5) Of all money in the fund:

7873

(a) Not more than five per cent shall be used for	7874
administration.	7875

(b) Not less than forty-five per cent of the ~~amount of~~ funds	7876
awarded during any one fiscal year shall be ~~used to make~~for	7877
grants and loans to nonprofit organizations under section 175.22	7878
of the Revised Code~~, not~~.	7879

(c) Not less than fifty per cent of the ~~amount of~~ funds	7880
awarded during any one fiscal year, excluding the amounts awarded	7881
pursuant to divisions (A)(1), (A)(2), and (A)(3) of this section,	7882
shall be ~~used to make~~for grants and loans for activities that	7883
~~will~~ provide housing and housing assistance to families and	7884
individuals in rural areas and small cities that ~~would~~are not be	7885
eligible to participate as a participating jurisdiction under the	7886
"HOME Investment Partnerships Act," 104 Stat. 4094 (1990), 42	7887
U.S.C. 12701 note, 12721~~, no more than five per cent of the money~~	7888
~~in the fund shall be used for administration, and no~~.	7889

(d) No money in the fund shall be used to pay for any legal	7890
services other than the usual and customary legal services	7891
associated with the acquisition of housing.	7892

(6) Except as otherwise provided by the director under	7893
division (B) of this section, money in the fund may be used as	7894
matching money for federal funds received by the state, counties,	7895
municipal corporations, and townships for the activities listed in	7896
section 175.22 of the Revised Code.	7897

(B) If after the second quarter of any year it appears to the	7898
director that the full amount of the money in the ~~low- and~~	7899
~~moderate-income housing trust~~ fund designated in that year for	7900
activities that ~~will~~ provide housing and housing assistance to	7901
families and individuals in rural areas and small cities under	7902
division (A) of this section will not be so used for that purpose,	7903
the director may reallocate all or a portion of that amount for	7904
other housing activities. In determining whether or how to	7905
reallocate money under this division, the director may consult	7906
with and shall receive advice from the housing trust fund advisory	7907
committee.	7908

Sec. 175.22. (A) The department of development and the Ohio	7909
housing finance agency shall each develop programs under which, in	7910
accordance with rules adopted under this section, itthey may make	7911
grants, loans, loan guarantees, and loan subsidies to counties,	7912
municipal corporations, townships, local housing authorities, and	7913
nonprofit organizations and may make loans, loan guarantees, and	7914
loan subsidies to private developers and private lenders to assist	7915
~~them~~ in activities that ~~will~~ provide housing and housing	7916
assistance for specifically targeted low- and moderate-income	7917
families and individuals. There ~~shall be~~is no minimum housing	7918
project size for awards under this division for any project that	7919
is ~~being~~ developed for a special needs population and that is	7920
supported by a social service agency where the housing project	7921
~~will be~~is located. Activities for which grants, loans, loan	7922
guarantees, and loan subsidies may be made under this section	7923
include all of the following:	7924

(1) Acquiring, financing, constructing, leasing,	7925
rehabilitating, remodeling, improving, and equipping publicly or	7926
privately owned housing;	7927

(2) Providing supportive services related to housing and the	7928
homeless, including housing counseling. Not more than twenty per	7929
cent of the current year appropriation authority for the low- and	7930
moderate-income housing trust fund that remains after the award of	7931
funds made pursuant to divisions (A)(1), (A)(2), and (A)(3) of	7932
section 175.21 of the Revised Code, shall be awarded in any fiscal	7933
year for ~~such~~ supportive services.	7934

(3) Providing rental assistance payments or other project	7935
operating subsidies that lower tenant rents.	7936

(B) Grants, loans, loan guarantees, and loan subsidies may be	7937
made to counties, municipal corporations, townships, and nonprofit	7938
organizations for the additional purposes of providing technical	7939
assistance, design and finance services and consultation, and	7940
payment of pre-development and administrative costs related to any	7941
of the activities listed above.	7942

(C) In developing programs under this section, the department	7943
and the agency shall invite, accept, and consider public comment,	7944
and recommendations from the housing trust fund advisory committee	7945
created under section 175.25 of the Revised Code, on how the	7946
programs should be designed to most effectively benefit low- and	7947
moderate-income families and individuals. The programs developed	7948
under this section shall respond collectively to housing and	7949
housing assistance needs of low- and moderate-income families and	7950
individuals statewide.	7951

(D) The department and the agency, in accordance with Chapter	7952
119. of the Revised Code, shall each adopt rules ~~under which it~~	7953
~~shall~~to administer programs developed ~~by it~~ under this section.	7954
The rules shall prescribe procedures and forms ~~whereby~~that	7955
counties, municipal corporations, townships, local housing	7956
authorities, and nonprofit organizations ~~may apply~~shall use in	7957
applying for grants, loans, loan guarantees, and loan subsidies	7958
and that private developers and private lenders ~~may apply~~shall	7959
use in applying for loans, loan guarantees, and loan subsidies;	7960
eligibility criteria for the receipt of funds; procedures for	7961
reviewing and granting or denying applications; procedures for	7962
paying out funds; conditions on the use of funds; procedures for	7963
monitoring the use of funds; and procedures under which a	7964
recipient shall be required to repay funds that are improperly	7965
used. The rules ~~adopted by the department~~ shall do both of the	7966
following:	7967

(1) Require each recipient of a grant or loan made from the	7968
low- and moderate-income housing trust fund for activities that	7969
~~will~~ provide, or assist in providing, a rental housing project, to	7970
reasonably ensure that the rental housing project will beremain	7971
affordable to those families and individuals targeted for the	7972
rental housing project for the useful life of the rental housing	7973
project or for thirty years, whichever is longer;	7974

(2) Require each recipient of a grant or loan made from the	7975
low- and moderate-income housing trust fund for activities that	7976
~~will~~ provide, or assist in providing, a housing project to prepare	7977
and implement a plan to reasonably assist any families and	7978
individuals displaced by the housing project in obtaining decent	7979
affordable housing.	7980

(E) In prescribing eligibility criteria and conditions for	7981
the use of funds, neither the department nor the agency is limited	7982
to the criteria and conditions specified in this section and each	7983
may prescribe additional eligibility criteria and conditions that	7984
relate to the purposes for which grants, loans, loan guarantees,	7985
and loan subsidies may be made. However, the department and agency	7986
are limited by the following specifically targeted low- and	7987
moderate-income guidelines:	7988

(1) Not less than seventy-five per cent of the money granted	7989
and loaned under this section in any fiscal year shall be for	7990
activities that ~~will~~ provide affordable housing and housing	7991
assistance to families and individuals ~~in a county~~ whose incomes	7992
are equal to or less than fifty per cent of the median income for	7993
~~that~~the county in which they live, as determined by the	7994
department under section 175.23 of the Revised Code.	7995

(2) ~~The remainder of the~~Any money granted and loaned under	7996
this section in any fiscal year that is not granted or loaned	7997
pursuant to division (E)(1) of this section shall be for	7998
activities that ~~will~~ provide affordable housing and housing	7999
assistance to families and individuals ~~in a county~~ whose incomes	8000
are equal to or less than eighty per cent of the median income for	8001
~~that~~the county in which they live, as determined by the	8002
department under section 175.23 of the Revised Code.	8003

(F) In making grants, loans, loan guarantees, and loan	8004
subsidies under this section, the department and the agency shall	8005
give preference to viable projects and activities that ~~will~~	8006
benefit those families and individuals ~~in a county~~ whose incomes	8007
are equal to or less than thirty-five per cent of the median	8008
income for ~~that~~the county in which they live, as determined by	8009
the department under section 175.23 of the Revised Code.	8010

(G) The department and the agency shall monitor the programs	8011
developed under this section to ensure that money granted and	8012
loaned under this section is not used in a manner that violates	8013
division (H) of section 4112.02 of the Revised Code or	8014
discriminates against families with children.	8015

Sec. 183.02. This section's references to years mean state	8016
fiscal years.	8017

All payments received by the state pursuant to the tobacco	8018
master settlement agreement shall be deposited into the state	8019
treasury to the credit of the tobacco master settlement agreement	8020
fund, which is hereby created. All investment earnings of the fund	8021
shall also be credited to the fund. Except as provided in division	8022
(K) of this section, payments and interest credited to the fund	8023
shall be transferred by the director of budget and management as	8024
follows:	8025

(A)(1) Of the first payment credited to the tobacco master	8026
settlement agreement fund in 2000 and the net amounts credited to	8027
the fund annually from 2000 to 2006 and in 2012, the following	8028
amount or percentage shall be transferred to the tobacco use	8029
prevention and cessation trust fund, created in section 183.03 of	8030
the Revised Code:	8031

YEAR	AMOUNT OR PERCENTAGE	8032
2000 (first payment credited)	$104,855,222.85	8033
2000 (net amount credited)	70.30%	8034
2001	62.84	8035
2002	61.41	8036
2003	63.24	8037
2004	66.65	8038
2005	66.24	8039
2006	65.97	8040
2012	56.01	8041

(2) Of the net amounts credited to the tobacco master	8042
settlement agreement fund in 2013, the director shall transfer to	8043
the tobacco use prevention and cessation trust fund the amount not	8044
transferred to the tobacco use prevention and cessation trust fund	8045
from the net amounts credited to the tobacco master settlement	8046
agreement fund in 2002 due to Am. Sub. H.B. No. 405 and Am. Sub.	8047
S.B. No. 242 of the 124th general assembly. Of the net amounts	8048
credited to the tobacco master settlement agreement fund in 2014,	8049
the director shall transfer to the tobacco use prevention and	8050
cessation trust fund the amount not transferred to the tobacco use	8051
prevention and cessation trust fund from the net amounts credited	8052
to the tobacco master settlement agreement fund in 2003 due to Am.	8053
Sub. H.B. No. 405 and Am. Sub. S.B. No. 242 of the 124th general	8054
assembly. Of the net amounts credited to the tobacco master	8055
settlement agreement fund in 2015, the director shall transfer to	8056
the tobacco use prevention and cessation trust fund the amount not	8057
transferred to the tobacco use prevention and cessation trust fund	8058
from the net amounts credited to the tobacco master settlement	8059
agreement fund in 2004 due to Am. Sub. H.B. 95 of the 125th	8060
general assembly.	8061

(B) Of the first payment credited to the tobacco master	8062
settlement agreement fund in 2000 and the net amounts credited to	8063
the fund annually in 2000 and 2001, the following amount or	8064
percentage shall be transferred to the law enforcement	8065
improvements trust fund, created in section 183.10 of the Revised	8066
Code:	8067

YEAR	AMOUNT OR PERCENTAGE	8068
2000 (first payment credited)	$10,000,000	8069
2000 (net amount credited)	5.41%	8070
2001	2.32	8071

(C)(1) Of the first payment credited to the tobacco master	8072
settlement agreement fund in 2000 and the net amounts credited to	8073
the fund annually from 2000 to 2011, the following percentages	8074
shall be transferred to the southern Ohio agricultural and	8075
community development trust fund, created in section 183.11 of the	8076
Revised Code:	8077

YEAR	PERCENTAGE	8078
2000 (first payment credited)	5.00%	8079
2000 (net amount credited)	8.73	8080
2001	8.12	8081
2002	9.18	8082
2003	8.91	8083
2004	7.84	8084
2005	7.79	8085
2006	7.76	8086
2007	17.39	8087
2008 through 2011	17.25	8088

(2) Of the net amounts credited to the tobacco master	8089
settlement agreement fund in 2013, the director shall transfer to	8090
the southern Ohio agricultural and community development trust	8091
fund the amount not transferred to the southern Ohio agricultural	8092
and community development trust fund from the net amounts credited	8093
to the tobacco master settlement agreement fund in 2002 due to Am.	8094
Sub. H.B. No. 405 and Am. Sub. S.B. No. 242 of the 124th general	8095
assembly. Of the net amounts credited to the tobacco master	8096
settlement agreement fund in 2014, the director shall transfer to	8097
the southern Ohio agricultural and community development trust	8098
fund the amount not transferred to the southern Ohio agricultural	8099
and community development trust fund from the net amounts credited	8100
to the tobacco master settlement agreement fund in 2003 due to Am.	8101
Sub. H.B. No. 405 and Am. Sub. S.B. No. 242 of the 124th general	8102
assembly.	8103

(D)~~(1)~~ The following percentages of the net amounts credited	8104
to the tobacco master settlement agreement fund annually shall be	8105
transferred to Ohio's public health priorities trust fund, created	8106
in section 183.18 of the Revised Code:	8107

YEAR	PERCENTAGE	8108
2000	5.41	8109
2001	6.68	8110
2002	6.79	8111
2003	6.90	8112
2004	7.82	8113
2005	8.18	8114
2006	8.56	8115
2007	19.83	8116
2008	19.66	8117
2009	20.48	8118
2010	21.30	8119
2011	22.12	8120
2012	10.47	8121

~~(2) Of the net amounts credited to the tobacco master~~	8122
~~settlement agreement fund in 2013, the director shall transfer to~~	8123
~~Ohio's public health priorities trust fund the amount not~~	8124
~~transferred to Ohio's public health priorities trust fund from the~~	8125
~~net amounts credited to the tobacco master settlement agreement~~	8126
~~fund in 2002 due to Am. Sub. H.B. No. 405 and Am. Sub. S.B. No.~~	8127
~~242 of the 124th general assembly. Of the net amounts credited to~~	8128
~~the tobacco master settlement agreement fund in 2014, the director~~	8129
~~shall transfer to Ohio's public health priorities trust fund the~~	8130
~~amount not transferred to Ohio's public health priorities trust~~	8131
~~fund from the net amounts credited to the tobacco master~~	8132
~~settlement agreement fund in 2003 due to Am. Sub. H.B. No. 405 and~~	8133
~~Am. Sub. S.B. No. 242 of the 124th general assembly.~~	8134

(E) The following percentages of the net amounts credited to	8135
the tobacco master settlement agreement fund annually shall be	8136
transferred to the biomedical research and technology transfer	8137
trust fund, created in section 183.19 of the Revised Code:	8138

YEAR	PERCENTAGE	8139
2000	2.71	8140
2001	14.03	8141
2002	13.29	8142
2003	12.73	8143
2004	13.78	8144
2005	14.31	8145
2006	14.66	8146
2007	49.57	8147
2008 to 2011	45.06	8148
2012	18.77	8149

(F) Of the amounts credited to the tobacco master settlement	8150
agreement fund annually, the following amounts shall be	8151
transferred to the education facilities trust fund, created in	8152
section 183.26 of the Revised Code:	8153

YEAR	AMOUNT	8154
2000	$133,062,504.95	8155
2001	128,938,732.73	8156
2002	185,804,475.78	8157
2003	180,561,673.11	8158
2004	122,778,219.49	8159
2005	121,389,325.80	8160
2006	120,463,396.67	8161
2007	246,389,369.01	8162
2008 to 2011	267,531,291.85	8163
2012	110,954,545.28	8164

(G) Of the amounts credited to the tobacco master settlement	8165
agreement fund annually, from 2000 to 2012 five million dollars	8166
per year shall be transferred to the education facilities	8167
endowment fund, created in section 183.27 of the Revised Code.	8168
From 2013 to 2025, the following percentages of the amounts	8169
credited to the tobacco master settlement agreement fund annually	8170
shall be transferred to the endowment fund:	8171

YEAR	PERCENTAGE	8172
2013	30.22	8173
2014	33.36	8174
2015 to 2025	40.90	8175

(H) The following percentages of the net amounts credited to	8176
the tobacco master settlement agreement fund annually shall be	8177
transferred to the education technology trust fund, created in	8178
section 183.28 of the Revised Code:	8179

YEAR	PERCENTAGE	8180
2000	7.44	8181
2001	6.01	8182
2002	9.33	8183
2003	8.22	8184
2004	3.91	8185
2005	3.48	8186
2006	3.05	8187
2007	13.21	8188
2008	18.03	8189
2009	17.21	8190
2010	16.39	8191
2011	15.57	8192
2012	14.75	8193

(I) In each year from 2003 to 2025, after the transfers made	8194
under divisions (F) and (G) of this section but prior to the	8195
transfers made under divisions (A) to (E) of this section, the	8196
director of budget and management shall transfer to the tobacco	8197
settlement oversight, administration, and enforcement fund created	8198
in section 183.34 of the Revised Code such amount as the director	8199
determines necessary to pay the costs incurred by the attorney	8200
general in tobacco settlement oversight, administration, and	8201
enforcement.	8202

(J) In each year from 2003 to 2025, after the transfers made	8203
under divisions (F) and (G) of this section but prior to the	8204
transfers made under divisions (A) to (E) of this section, the	8205
director of budget and management shall transfer to the tobacco	8206
settlement enforcement fund created in section 183.35 of the	8207
Revised Code such amount as the director determines necessary to	8208
pay the costs incurred by the tax commissioner in the enforcement	8209
of divisions (F) and (G) of section 5743.03 of the Revised Code.	8210

(K) If in any year from 2001 to 2012 the payments and	8211
interest credited to the tobacco master settlement agreement fund	8212
during the year amount to less than the amounts required to be	8213
transferred to the education facilities trust fund and the	8214
education facilities endowment fund that year, the director of	8215
budget and management shall make none of the transfers required by	8216
divisions (A) to (J) of this section.	8217

(L) If in any year from 2000 to 2025 the payments credited to	8218
the tobacco master settlement agreement fund during the year	8219
exceed the following amounts, the director of budget and	8220
management shall transfer the excess to the income tax reduction	8221
fund, created in section 131.44 of the Revised Code:	8222

YEAR	AMOUNT	8223
2000	$443,892,767.51	8224
2001	348,780,049.22	8225
2002	418,783,038.09	8226
2003	422,746,368.61	8227
2004	352,827,184.57	8228
2005	352,827,184.57	8229
2006	352,827,184.57	8230
2007	352,827,184.57	8231
2008 to 2017	383,779,323.15	8232
2018 to 2025	403,202,282.16	8233

Sec. 306.35. Upon the creation of a regional transit	8234
authority as provided by section 306.32 of the Revised Code, and	8235
upon the qualifying of its board of trustees and the election of a	8236
president and a vice-president, the authority shall exercise in	8237
its own name all the rights, powers, and duties vested in and	8238
conferred upon it by sections 306.30 to 306.53 of the Revised	8239
Code. Subject to any reservations, limitations, and qualifications	8240
that are set forth in those sections, the regional transit	8241
authority:	8242

(A) May sue or be sued in its corporate name;

8243

(B) May make contracts in the exercise of the rights, powers,	8244
and duties conferred upon it;	8245

(C) May adopt and at will alter a seal and use such seal by	8246
causing it to be impressed, affixed, reproduced, or otherwise	8247
used, but failure to affix the seal shall not affect the validity	8248
of any instrument;	8249

(D)(1) May adopt, amend, and repeal bylaws for the	8250
administration of its affairs and rules for the control of the	8251
administration and operation of transit facilities under its	8252
jurisdiction, and for the exercise of all of its rights of	8253
ownership in those transit facilities;	8254

(2) The regional transit authority also may adopt bylaws and	8255
rules for the following purposes:	8256

(a) To prohibit selling, giving away, or using any beer or	8257
intoxicating liquor on transit vehicles or transit property;	8258

(b) For the preservation of good order within or on transit	8259
vehicles or transit property;	8260

(c) To provide for the protection and preservation of all	8261
property and life within or on transit vehicles or transit	8262
property;	8263

(d) To regulate and enforce the collection of fares.

8264

(3) Before a bylaw or rule adopted under division (D)(2) of	8265
this section takes effect, the regional transit authority shall	8266
provide for a notice of its adoption to be published once a week	8267
for two consecutive weeks in a newspaper of general circulation	8268
within the territorial boundaries of the regional transit	8269
authority.	8270

(4) No person shall violate any bylaw or rule of a regional	8271
transit authority adopted under division (D)(2) of this section.	8272

(E) May fix, alter, and collect fares, rates, and rentals and	8273
other charges for the use of transit facilities under its	8274
jurisdiction to be determined exclusively by it for the purpose of	8275
providing for the payment of the expenses of the regional transit	8276
authority, the acquisition, construction, improvement, extension,	8277
repair, maintenance, and operation of transit facilities under its	8278
jurisdiction, the payment of principal and interest on its	8279
obligations, and to fulfill the terms of any agreements made with	8280
purchasers or holders of any such obligations, or with any person	8281
or political subdivision;	8282

(F) Shall have jurisdiction, control, possession, and	8283
supervision of all property, rights, easements, licenses, moneys,	8284
contracts, accounts, liens, books, records, maps, or other	8285
property rights and interests conveyed, delivered, transferred, or	8286
assigned to it;	8287

(G) May acquire, construct, improve, extend, repair, lease,	8288
operate, maintain, or manage transit facilities within or without	8289
its territorial boundaries, considered necessary to accomplish the	8290
purposes of its organization and make charges for the use of	8291
transit facilities;	8292

(H) May levy and collect taxes as provided in sections 306.40	8293
and 306.49 of the Revised Code;	8294

(I) May issue bonds secured by its general credit as provided	8295
in section 306.40 of the Revised Code;	8296

(J) May hold, encumber, control, acquire by donation, by	8297
purchase for cash or by installment payments, by lease-purchase	8298
agreement, by lease with option to purchase, or by condemnation,	8299
and may construct, own, lease as lessee or lessor, use, and sell,	8300
real and personal property, or any interest or right in real and	8301
personal property, within or without its territorial boundaries,	8302
for the location or protection of transit facilities and	8303
improvements and access to transit facilities and improvements,	8304
the relocation of buildings, structures, and improvements situated	8305
on lands acquired by the regional transit authority, or for any	8306
other necessary purpose, or for obtaining or storing materials to	8307
be used in constructing, maintaining, and improving transit	8308
facilities under its jurisdiction;	8309

(K) May exercise the power of eminent domain to acquire	8310
property or any interest in property, within or without its	8311
territorial boundaries, that is necessary or proper for the	8312
construction or efficient operation of any transit facility or	8313
access to any transit facility under its jurisdiction in	8314
accordance with section 306.36 of the Revised Code;	8315

(L) May provide by agreement with any county, including the	8316
counties within its territorial boundaries, or any municipal	8317
corporation or any combination of counties or municipal	8318
corporations for the making of necessary surveys, appraisals, and	8319
examinations preliminary to the acquisition or construction of any	8320
transit facility and the amount of the expense for the surveys,	8321
appraisals, and examinations to be paid by each such county or	8322
municipal corporation;	8323

(M) May provide by agreement with any county, including the	8324
counties within its territorial boundaries, or any municipal	8325
corporation or any combination of those counties or municipal	8326
corporations for the acquisition, construction, improvement,	8327
extension, maintenance, or operation of any transit facility owned	8328
or to be owned and operated by it or owned or to be owned and	8329
operated by any such county or municipal corporation and the terms	8330
on which it shall be acquired, leased, constructed, maintained, or	8331
operated, and the amount of the cost and expense of the	8332
acquisition, lease, construction, maintenance, or operation to be	8333
paid by each such county or municipal corporation;	8334

(N) May issue revenue bonds for the purpose of acquiring,	8335
replacing, improving, extending, enlarging, or constructing any	8336
facility or permanent improvement that it is authorized to	8337
acquire, replace, improve, extend, enlarge, or construct,	8338
including all costs in connection with and incidental to the	8339
acquisition, replacement, improvement, extension, enlargement, or	8340
construction, and their financing, as provided by section 306.37	8341
of the Revised Code;	8342

(O) May enter into and supervise franchise agreements for the	8343
operation of a transit system;	8344

(P) May accept the assignment of and supervise an existing	8345
franchise agreement for the operation of a transit system;	8346

(Q) May exercise a right to purchase a transit system in	8347
accordance with the acquisition terms of an existing franchise	8348
agreement; and in connection with the purchase the regional	8349
transit authority may issue revenue bonds as provided by section	8350
306.37 of the Revised Code or issue bonds secured by its general	8351
credit as provided in section 306.40 of the Revised Code;	8352

(R) May apply for and accept grants or loans from the United	8353
States, the state, or any other public body for the purpose of	8354
providing for the development or improvement of transit	8355
facilities, mass transportation facilities, equipment, techniques,	8356
methods, or services, and grants or loans needed to exercise a	8357
right to purchase a transit system pursuant to agreement with the	8358
owner of those transit facilities, or for providing lawful	8359
financial assistance to existing transit systems; and may provide	8360
any consideration that may be required in order to obtain those	8361
grants or loans from the United States, the state, or other public	8362
body, either of which grants or loans may be evidenced by the	8363
issuance of revenue bonds as provided by section 306.37 of the	8364
Revised Code or general obligation bonds as provided by section	8365
306.40 of the Revised Code;	8366

(S) May employ and fix the compensation of consulting	8367
engineers, superintendents, managers, and such other engineering,	8368
construction, accounting and financial experts, attorneys, and	8369
other employees and agents necessary for the accomplishment of its	8370
purposes;	8371

(T) May procure insurance against loss to it by reason of	8372
damages to its properties resulting from fire, theft, accident, or	8373
other casualties or by reason of its liability for any damages to	8374
persons or property occurring in the construction or operation of	8375
transit facilities under its jurisdiction or the conduct of its	8376
activities;	8377

(U) May maintain funds that it considers necessary for the	8378
efficient performance of its duties;	8379

(V) May direct its agents or employees, when properly	8380
identified in writing, after at least five days' written notice,	8381
to enter upon lands within or without its territorial boundaries	8382
in order to make surveys and examinations preliminary to the	8383
location and construction of transit facilities, without liability	8384
to it or its agents or employees except for actual damage done;	8385

(W) On its own motion, may request the appropriate zoning	8386
board, as defined in section 4563.03 of the Revised Code, to	8387
establish and enforce zoning regulations pertaining to any transit	8388
facility under its jurisdiction in the manner prescribed by	8389
sections 4563.01 to 4563.21 of the Revised Code;	8390

(X) If it acquires any existing transit system, shall assume	8391
all the employer's obligations under any existing labor contract	8392
between the employees and management of the system. If the board	8393
acquires, constructs, controls, or operates any such facilities,	8394
it shall negotiate arrangements to protect the interests of	8395
employees affected by the acquisition, construction, control, or	8396
operation. The arrangements shall include, but are not limited to:	8397

(1) The preservation of rights, privileges, and benefits	8398
under existing collective bargaining agreements or otherwise, the	8399
preservation of rights and benefits under any existing pension	8400
plans covering prior service, and continued participation in	8401
social security in addition to participation in the public	8402
employees retirement system as required in Chapter 145. of the	8403
Revised Code;	8404

(2) The continuation of collective bargaining rights;

8405

(3) The protection of individual employees against a	8406
worsening of their positions with respect to their employment;	8407

(4) Assurances of employment to employees of those transit	8408
systems and priority reemployment of employees terminated or laid	8409
off;	8410

(5) Paid training or retraining programs;

8411

(6) Signed written labor agreements.

8412

The arrangements may include provisions for the submission of	8413
labor disputes to final and binding arbitration.	8414

(Y) May provide for and maintain security operations,	8415
including a transit police department, subject to section 306.352	8416
of the Revised Code. Regional transit authority police officers	8417
shall have the power and duty to act as peace officers within	8418
transit facilities owned, operated, or leased by the transit	8419
authority to protect the transit authority's property and the	8420
person and property of passengers, to preserve the peace, and to	8421
enforce all laws of the state and ordinances and regulations of	8422
political subdivisions in which the transit authority operates.	8423
Regional transit authority police officers also shall have the	8424
power and duty to act as peace officers when they render emergency	8425
assistance outside their jurisdiction to any other peace officer	8426
who is not a regional transit authority police officer and who has	8427
arrest authority under section 2935.03 of the Revised Code.	8428
Regional transit authority police officers may render emergency	8429
assistance if there is a threat of imminent physical danger to the	8430
peace officer, a threat of physical harm to another person, or any	8431
other serious emergency situation and if either the peace officer	8432
who is assisted requests emergency assistance or it appears that	8433
the peace officer who is assisted is unable to request emergency	8434
assistance and the circumstances observed by the regional transit	8435
authority police officer reasonably indicate that emergency	8436
assistance is appropriate.	8437

Before exercising powers of arrest and the other powers and	8438
duties of a peace officer, each regional transit authority police	8439
officer shall take an oath and give bond to the state in a sum	8440
that the board of trustees prescribes for the proper performance	8441
of the officer's duties.	8442

Persons employed as regional transit authority police	8443
officers shall complete training for the position to which they	8444
have been appointed as required by the Ohio peace officer training	8445
commission as authorized in section 109.77 of the Revised Code, or	8446
be otherwise qualified. The cost of the training shall be provided	8447
by the regional transit authority.	8448

(Z) May procure a policy or policies insuring members of its	8449
board of trustees against liability on account of damages or	8450
injury to persons and property resulting from any act or omission	8451
of a member in the member's official capacity as a member of the	8452
board or resulting solely out of the member's membership on the	8453
board;	8454

(AA) May enter into any agreement for the sale and leaseback	8455
or lease and leaseback of transit facilities, which agreement may	8456
contain all necessary covenants for the security and protection of	8457
any lessor or the regional transit authority including, but not	8458
limited to, indemnification of the lessor against the loss of	8459
anticipated tax benefits arising from acts, omissions, or	8460
misrepresentations of the regional transit authority. In	8461
connection with that transaction, the regional transit authority	8462
may contract for insurance and letters of credit and pay any	8463
premiums or other charges for the insurance and letters of credit.	8464
The fiscal officer shall not be required to furnish any	8465
certificate under section 5705.41 of the Revised Code in	8466
connection with the execution of any such agreement.	8467

(BB) In regard to any contract entered into on or after March	8468
19, 1993, for the rendering of services or the supplying of	8469
materials or for the construction, demolition, alteration, repair,	8470
or reconstruction of transit facilities in which a bond is	8471
required for the faithful performance of the contract, may permit	8472
the person awarded the contract to utilize a letter of credit	8473
issued by a bank or other financial institution in lieu of the	8474
bond;	8475

(CC) May enter into agreements with municipal corporations	8476
located within the territorial jurisdiction of the regional	8477
transit authority permitting regional transit authority police	8478
officers employed under division (Y) of this section to exercise	8479
full arrest powers, as provided in section 2935.03 of the Revised	8480
Code, for the purpose of preserving the peace and enforcing all	8481
laws of the state and ordinances and regulations of the municipal	8482
corporation within the areas that may be agreed to by the regional	8483
transit authority and the municipal corporation.	8484

Sec. 306.99. (A) No person shall violate any rule or	8485
regulation adopted pursuant to division (N) of section 306.04 of	8486
the Revised Code and whoever violates such a rule or regulation	8487
shall be fined not more than one thousand dollars or imprisoned	8488
not more than ninety days or both.	8489

(B) Whoever violates division (D)(4) of section 306.35 of the	8490
Revised Code shall be fined not more than one hundred dollars on a	8491
first offense and not more than five hundred dollars on each	8492
subsequent offense.	8493

Fines levied and collected for such violations shall be paid	8494
into the treasury of the regional transit authority. The regional	8495
transit authority may use such fine money for any purpose that is	8496
not inconsistent with sections 306.30 to 306.54 of the Revised	8497
Code.	8498

Sec. 307.676. (A) As used in this section:

8499

(1) "Food and beverages" means any raw, cooked, or processed	8500
edible substance used or intended for use in whole or in part for	8501
human consumption, including ice, water, spirituous liquors, wine,	8502
mixed beverages, beer, soft drinks, soda, and other beverages.	8503

(2) "Convention facilities authority" has the same meaning as	8504
in section 351.01 of the Revised Code.	8505

(3) "Convention center" has the same meaning as in section	8506
307.695 of the Revised Code.	8507

(B) The legislative authority of a county with a population	8508
of one million or more according to the most recent federal	8509
decennial census may, by resolution adopted on or before August	8510
30, 2004, by a majority of the members of the legislative	8511
authority and with the subsequent approval of a majority of the	8512
electors of the county voting upon it, levy a tax of not more than	8513
two per cent on every retail sale in the county of food and	8514
beverages to be consumed on the premises where sold to pay the	8515
expenses of administering the tax and to provide revenues for the	8516
county general fund. Such resolution shall direct the board of	8517
elections to submit the question of levying the tax to the	8518
electors of the county at the next primary or general election in	8519
the county occurring not less than seventy-five days after the	8520
resolution is certified to the board of elections, and such	8521
resolution may further direct the board of elections to include	8522
upon the ballot submitted to the electors any specific purposes	8523
for which the tax will be used. The legislative authority shall	8524
establish all regulations necessary to provide for the	8525
administration and allocation of the tax. The regulations may	8526
prescribe the time for payment of the tax and may provide for	8527
imposition of a penalty, interest, or both for late payments,	8528
provided that any such penalty may not exceed ten per cent of the	8529
amount of tax due and the rate at which interest accrues may not	8530
exceed the rate per annum required under section 5703.47 of the	8531
Revised Code.	8532

(C) A tax levied under this section shall remain in effect	8533
for the period of time specified in the resolution or ordinance	8534
levying the tax, but in no case for a longer period than forty	8535
years.	8536

(D) A tax levied under this section is in addition to any	8537
other tax levied under Chapter 307., 4301., 4305., 5739., 5741.,	8538
or any other chapter of the Revised Code. "Price," as defined in	8539
sections 5739.01 and 5741.01 of the Revised Code, does not include	8540
any tax levied under this section and any tax levied under this	8541
section does not include any tax imposed under Chapter 5739. or	8542
5741. of the Revised Code.	8543

(E)(1) No amount collected from a tax levied under this	8544
section shall be contributed to a convention facilities authority,	8545
corporation, or other entity created after July 1, 2003, for the	8546
principal purpose of constructing, improving, expanding,	8547
equipping, financing, or operating a convention center unless the	8548
mayor of the municipal corporation in which the convention center	8549
is to be operated by that convention facilities authority,	8550
corporation, or other entity has consented to the creation of that	8551
convention facilities authority, corporation, or entity.	8552
Notwithstanding any contrary provision of section 351.04 of the	8553
Revised Code, if a tax is levied by a county under this section,	8554
the board of county commissioners of that county may determine the	8555
manner of selection, the qualifications, the number, and terms of	8556
office of the members of the board of directors of any convention	8557
facilities authority, corporation, or other entity described in	8558
division (E)(1) of this section.	8559

(2)(a) No amount collected from a tax levied under this	8560
section may be used for any purpose other than paying the direct	8561
and indirect costs of constructing, improving, expanding,	8562
equipping, financing, or operating a convention center and for the	8563
real and actual costs of administering the tax, unless, prior to	8564
the adoption of the resolution of the legislative authority of the	8565
county directing the board of elections to submit the question of	8566
the levy, extension, or increase to the electors of the county,	8567
the county and the mayor of the most populous municipal	8568
corporation in that county have entered into an agreement as to	8569
the use of such amounts, provided that such agreement has been	8570
approved by a majority of the mayors of the other municipal	8571
corporations in that county. The agreement shall provide that the	8572
amounts to be used for purposes other than paying the convention	8573
center or administrative costs described in division (E)(2)(a) of	8574
this section be used only for the direct and indirect costs of	8575
capital improvements in accordance with the agreement, including	8576
the financing of capital improvements. Immediately following the	8577
execution of the agreement, the county shall:	8578

(i) In accordance with section 7.12 of the Revised Code,	8579
cause the agreement to be published at least once in a newspaper	8580
of general circulation in that county; or	8581

(ii) Post the agreement in at least five public places in the	8582
county, as determined by the legislative authority, for a period	8583
not less than fifteen days.	8584

(b) If the county in which the tax is levied has an	8585
association of mayors and city managers, the approval of that	8586
association of an agreement described in division (E)(2)(a) of	8587
this section shall be considered to be the approval of the	8588
majority of the mayors of the other municipal corporations for	8589
purposes of that division.	8590

(F) Each year, the auditor of state shall conduct an audit of	8591
the uses of any amounts collected from taxes levied under this	8592
section and shall prepare a report of the auditor of state's	8593
findings. The auditor of state shall submit the report to the	8594
legislative authority of the county that has levied the tax, the	8595
speaker of the house of representatives, the president of the	8596
senate, and the leaders of the minority parties of the house of	8597
representatives and the senate.	8598

(G) The levy of any taxes under Chapter 5739. of the Revised	8599
Code on the same transactions subject to a tax under this section	8600
does not prevent the levy of a tax under this section.	8601

Sec. 307.86. Anything to be purchased, leased, leased with	8602
an option or agreement to purchase, or constructed, including, but	8603
not limited to, any product, structure, construction,	8604
reconstruction, improvement, maintenance, repair, or service,	8605
except the services of an accountant, architect, attorney at law,	8606
physician, professional engineer, construction project manager,	8607
consultant, surveyor, or appraiser, by or on behalf of the county	8608
or contracting authority, as defined in section 307.92 of the	8609
Revised Code, at a cost in excess of ~~fifteen~~twenty-five thousand	8610
dollars, except as otherwise provided in division (D) of section	8611
713.23 and in sections 125.04, 307.022, 307.041, 307.861, 339.05,	8612
340.03, 340.033, 4115.31 to 4115.35, 5119.16, 5513.01, 5543.19,	8613
5713.01, and 6137.05 of the Revised Code, shall be obtained	8614
through competitive bidding. However, competitive bidding is not	8615
required when any of the following applies:	8616

(A) The board of county commissioners, by a unanimous vote of	8617
its members, makes a determination that a real and present	8618
emergency exists, and that determination and the reasons for it	8619
are entered in the minutes of the proceedings of the board, when	8620
either of the following applies:	8621

(1) The estimated cost is less than fifty thousand dollars.

8622

(2) There is actual physical disaster to structures, radio	8623
communications equipment, or computers.	8624

For purposes of this division, "unanimous vote" means all	8625
three members of a board of county commissioners when all three	8626
members are present, or two members of the board if only two	8627
members, constituting a quorum, are present.	8628

Whenever a contract of purchase, lease, or construction is	8629
exempted from competitive bidding under division (A)(1) of this	8630
section because the estimated cost is less than fifty thousand	8631
dollars, but the estimated cost is ~~fifteen~~twenty-five thousand	8632
dollars or more, the county or contracting authority shall solicit	8633
informal estimates from no fewer than three persons who could	8634
perform the contract, before awarding the contract. With regard to	8635
each such contract, the county or contracting authority shall	8636
maintain a record of such estimates, including the name of each	8637
person from whom an estimate is solicited. The county or	8638
contracting authority shall maintain the record for the longer of	8639
at least one year after the contract is awarded or the amount of	8640
time the federal government requires.	8641

(B)(1) The purchase consists of supplies or a replacement or	8642
supplemental part or parts for a product or equipment owned or	8643
leased by the county, and the only source of supply for the	8644
supplies, part, or parts is limited to a single supplier.	8645

(2) The purchase consists of services related to information	8646
technology, such as programming services, that are proprietary or	8647
limited to a single source.	8648

(C) The purchase is from the federal government, the state,	8649
another county or contracting authority of another county, or a	8650
board of education, township, or municipal corporation.	8651

(D) ~~Public~~The purchase is made by a county department of job	8652
and family services under section 329.04 of the Revised Code and	8653
consists of family services duties or workforce development	8654
activities ~~are purchased for provision by the county department of~~	8655
~~job and family services under section 329.04 of the Revised Code,~~	8656
or is made by a county board of mental retardation and	8657
developmental disabilities under section 5126.05 of the Revised	8658
Code and consists of program services, such as direct and	8659
ancillary client services, child day-care, case management	8660
services, residential services, and family resource services~~, are~~	8661
~~purchased for provision by a county board of mental retardation~~	8662
~~and developmental disabilities under section 5126.05 of the~~	8663
~~Revised Code~~.	8664

(E) The purchase consists of criminal justice services,	8665
social services programs, family services, or workforce	8666
development activities by the board of county commissioners from	8667
nonprofit corporations or associations under programs funded by	8668
the federal government or by state grants.	8669

(F) The purchase consists of any form of an insurance policy	8670
or contract authorized to be issued under Title XXXIX of the	8671
Revised Code or any form of health care plan authorized to be	8672
issued under Chapter 1751. of the Revised Code, or any combination	8673
of such policies, contracts, or plans that the contracting	8674
authority is authorized to purchase, and the contracting authority	8675
does all of the following:	8676

(1) Determines that compliance with the requirements of this	8677
section would increase, rather than decrease, the cost of the	8678
purchase;	8679

(2) Employs a competent consultant to assist the contracting	8680
authority in procuring appropriate coverages at the best and	8681
lowest prices;	8682

(3) Requests issuers of the policies, contracts, or plans to	8683
submit proposals to the contracting authority, in a form	8684
prescribed by the contracting authority, setting forth the	8685
coverage and cost of the policies, contracts, or plans as the	8686
contracting authority desires to purchase;	8687

(4) Negotiates with the issuers for the purpose of purchasing	8688
the policies, contracts, or plans at the best and lowest price	8689
reasonably possible.	8690

(G) The purchase consists of computer hardware, software, or	8691
consulting services that are necessary to implement a computerized	8692
case management automation project administered by the Ohio	8693
prosecuting attorneys association and funded by a grant from the	8694
federal government.	8695

(H) Child day-care services are purchased for provision to	8696
county employees.	8697

(I)(1) Property, including land, buildings, and other real	8698
property, is leased for offices, storage, parking, or other	8699
purposes, and all of the following apply:	8700

(a) The contracting authority is authorized by the Revised	8701
Code to lease the property.	8702

(b) The contracting authority develops requests for proposals	8703
for leasing the property, specifying the criteria that will be	8704
considered prior to leasing the property, including the desired	8705
size and geographic location of the property.	8706

(c) The contracting authority receives responses from	8707
prospective lessors with property meeting the criteria specified	8708
in the requests for proposals by giving notice in a manner	8709
substantially similar to the procedures established for giving	8710
notice under section 307.87 of the Revised Code.	8711

(d) The contracting authority negotiates with the prospective	8712
lessors to obtain a lease at the best and lowest price reasonably	8713
possible considering the fair market value of the property and any	8714
relocation and operational costs that may be incurred during the	8715
period the lease is in effect.	8716

(2) The contracting authority may use the services of a real	8717
estate appraiser to obtain advice, consultations, or other	8718
recommendations regarding the lease of property under this	8719
division.	8720

(J) The purchase is made pursuant to section 5139.34 or	8721
sections 5139.41 to 5139.46 of the Revised Code and is of programs	8722
or services that provide case management, treatment, or prevention	8723
services to any felony or misdemeanant delinquent, unruly youth,	8724
or status offender under the supervision of the juvenile court,	8725
including, but not limited to, community residential care, day	8726
treatment, services to children in their home, or electronic	8727
monitoring.	8728

(K) The purchase is made by a public children services agency	8729
pursuant to section 307.92 or 5153.16 of the Revised Code and	8730
consists of family services, programs, or ancillary services that	8731
provide case management, prevention, or treatment services for	8732
children at risk of being or alleged to be abused, neglected, or	8733
dependent children.	8734

Any issuer of policies, contracts, or plans listed in	8735
division (F) of this section and any prospective lessor under	8736
division (I) of this section may have the issuer's or prospective	8737
lessor's name and address, or the name and address of an agent,	8738
placed on a special notification list to be kept by the	8739
contracting authority, by sending the contracting authority that	8740
name and address. The contracting authority shall send notice to	8741
all persons listed on the special notification list. Notices shall	8742
state the deadline and place for submitting proposals. The	8743
contracting authority shall mail the notices at least six weeks	8744
prior to the deadline set by the contracting authority for	8745
submitting proposals. Every five years the contracting authority	8746
may review this list and remove any person from the list after	8747
mailing the person notification of that action.	8748

Any contracting authority that negotiates a contract under	8749
division (F) of this section shall request proposals and	8750
renegotiate with issuers in accordance with that division at least	8751
every three years from the date of the signing of such a contract.	8752

Any consultant employed pursuant to division (F) of this	8753
section and any real estate appraiser employed pursuant to	8754
division (I) of this section shall disclose any fees or	8755
compensation received from any source in connection with that	8756
employment.	8757

Sec. 307.87. Where competitive bidding is required by	8758
section 307.86 of the Revised Code, notice thereof shall be given	8759
in the following manner:	8760

(A) Notice shall be published once a week for not less than	8761
two consecutive weeks preceding the day of the opening of bids in	8762
a newspaper of general circulation within the county for any	8763
purchase, lease, lease with option or agreement to purchase, or	8764
construction contract in excess of ~~ten~~twenty-five thousand	8765
dollars. The contracting authority may also cause notice to be	8766
inserted in trade papers or other publications designated by it or	8767
to be distributed by electronic means, including posting the	8768
notice on the contracting authority's internet site on the world	8769
wide web. If the contracting authority posts the notice on that	8770
location on the world wide web, it may eliminate the second notice	8771
otherwise required to be published in a newspaper of general	8772
circulation within the county, provided that the first notice	8773
published in such a newspaper meets all of the following	8774
requirements:	8775

(1) It is published at least two weeks before the opening of	8776
bids.	8777

(2) It includes a statement that the notice is posted on the	8778
contracting authority's internet site on the world wide web.	8779

(3) It includes the internet address of the contracting	8780
authority's internet site on the world wide web.	8781

(4) It includes instructions describing how the notice may be	8782
accessed on the contracting authority's internet site on the world	8783
wide web.	8784

(B) Notices shall state all of the following:

8785

(1) A general description of the subject of the proposed	8786
contract and the time and place where the plans and specifications	8787
or itemized list of supplies, facilities, or equipment and	8788
estimated quantities can be obtained or examined;	8789

(2) The time and place where bids will be opened;

8790

(3) The time and place for filing bids;

8791

(4) The terms of the proposed purchase;

8792

(5) Conditions under which bids will be received;

8793

(6) The existence of a system of preference, if any, for	8794
products mined and produced in Ohio and the United States adopted	8795
pursuant to section 307.90 of the Revised Code.	8796

~~(B)~~(C) The contracting authority shall also maintain in a	8797
public place in its office or other suitable public place a	8798
bulletin board upon which it shall post and maintain a copy of	8799
such notice for at least two weeks preceding the day of the	8800
opening of the bids.	8801

Sec. 307.93. (A) The boards of county commissioners of two	8802
or more adjacent counties may contract for the joint establishment	8803
of a multicounty correctional center, and the board of county	8804
commissioners of a county or the boards of two or more counties	8805
may contract with any municipal corporation or municipal	8806
corporations located in that county or those counties for the	8807
joint establishment of a municipal-county or multicounty-municipal	8808
correctional center. The center shall augment county and, where	8809
applicable, municipal jail programs and facilities by providing	8810
custody and rehabilitative programs for those persons under the	8811
charge of the sheriff of any of the contracting counties or of the	8812
officer or officers of the contracting municipal corporation or	8813
municipal corporations having charge of persons incarcerated in	8814
the municipal jail, workhouse, or other correctional facility who,	8815
in the opinion of the sentencing court, need programs of custody	8816
and rehabilitation not available at the county or municipal jail	8817
and by providing custody and rehabilitative programs in accordance	8818
with division (C) of this section, if applicable. The contract may	8819
include, but need not be limited to, provisions regarding the	8820
acquisition, construction, maintenance, repair, termination of	8821
operations, and administration of the center. The contract shall	8822
prescribe the manner of funding of, and debt assumption for, the	8823
center and the standards and procedures to be followed in the	8824
operation of the center. Except as provided in division (H) of	8825
this section, the contracting counties and municipal corporations	8826
shall form a corrections commission to oversee the administration	8827
of the center. Members of the commission shall consist of the	8828
sheriff of each participating county, the president of the board	8829
of county commissioners of each participating county, the	8830
presiding judge of the court of common pleas of each participating	8831
county, or, if the court of common pleas of a participating county	8832
has only one judge, then that judge, the chief of police of each	8833
participating municipal corporation, the mayor or city manager of	8834
each participating municipal corporation, and the presiding judge	8835
or the sole judge of the municipal court of each participating	8836
municipal corporation. Any of the foregoing officers may appoint a	8837
designee to serve in the officer's place on the corrections	8838
commission. The standards and procedures shall be formulated and	8839
agreed to by the commission and may be amended at any time during	8840
the life of the contract by agreement of the parties to the	8841
contract upon the advice of the commission. The standards and	8842
procedures formulated by the commission shall include, but need	8843
not be limited to, designation of the person in charge of the	8844
center, the categories of employees to be employed at the center,	8845
the appointing authority of the center, and the standards of	8846
treatment and security to be maintained at the center. The person	8847
in charge of, and all persons employed to work at, the center	8848
shall have all the powers of police officers that are necessary	8849
for the proper performance of the duties relating to their	8850
positions at the center.	8851

(B) Each board of county commissioners that enters a contract	8852
under division (A) of this section may appoint a building	8853
commission pursuant to section 153.21 of the Revised Code. If any	8854
commissions are appointed, they shall function jointly in the	8855
construction of a multicounty or multicounty-municipal	8856
correctional center with all the powers and duties authorized by	8857
law.	8858

(C) Prior to the acceptance for custody and rehabilitation	8859
into a center established under this section of any persons who	8860
are designated by the department of rehabilitation and correction,	8861
who plead guilty to or are convicted of a felony of the fourth or	8862
fifth degree, and who satisfy the other requirements listed in	8863
section 5120.161 of the Revised Code, the corrections commission	8864
of a center established under this section shall enter into an	8865
agreement with the department of rehabilitation and correction	8866
under section 5120.161 of the Revised Code for the custody and	8867
rehabilitation in the center of persons who are designated by the	8868
department, who plead guilty to or are convicted of a felony of	8869
the fourth or fifth degree, and who satisfy the other requirements	8870
listed in that section, in exchange for a per diem fee per person.	8871
Persons incarcerated in the center pursuant to an agreement	8872
entered into under this division shall be subject to supervision	8873
and control in the manner described in section 5120.161 of the	8874
Revised Code. This division does not affect the authority of a	8875
court to directly sentence a person who is convicted of or pleads	8876
guilty to a felony to the center in accordance with section	8877
2929.16 of the Revised Code.	8878

(D) Pursuant to section 2929.37 of the Revised Code, each	8879
board of county commissioners and the legislative authority of	8880
each municipal corporation that enters into a contract under	8881
division (A) of this section may require a person who was	8882
convicted of an offense, who is under the charge of the sheriff of	8883
their county or of the officer or officers of the contracting	8884
municipal corporation or municipal corporations having charge of	8885
persons incarcerated in the municipal jail, workhouse, or other	8886
correctional facility, and who is confined in the multicounty,	8887
municipal-county, or multicounty-municipal correctional center as	8888
provided in that division, to reimburse the applicable county or	8889
municipal corporation for its expenses incurred by reason of the	8890
person's confinement in the center.	8891

(E) Notwithstanding any contrary provision in this section or	8892
section 2929.18, 2929.21, 2929.36, or 2929.37 of the Revised Code,	8893
the corrections commission of a center may establish a policy that	8894
complies with section 2929.38 of the Revised Code and that	8895
requires any person who is not indigent and who is confined in the	8896
multicounty, municipal-county, or multicounty-municipal	8897
correctional center to pay a reception fee, a fee for medical	8898
treatment or service requested by and provided to that person, or	8899
the fee for a random drug test assessed under division (E) of	8900
section 341.26 of the Revised Code.	8901

(F)(1) The corrections commission of a center established	8902
under this section may establish a commissary for the center. The	8903
commissary may be established either in-house or by another	8904
arrangement. If a commissary is established, all persons	8905
incarcerated in the center shall receive commissary privileges. A	8906
person's purchases from the commissary shall be deducted from the	8907
person's account record in the center's business office. The	8908
commissary shall provide for the distribution to indigent persons	8909
incarcerated in the center of necessary hygiene articles and	8910
writing materials.	8911

(2) If a commissary is established, the corrections	8912
commission of a center established under this section shall	8913
establish a commissary fund for the center. The management of	8914
funds in the commissary fund shall be strictly controlled in	8915
accordance with procedures adopted by the auditor of state.	8916
Commissary fund revenue over and above operating costs and reserve	8917
shall be considered profits. All profits from the commissary fund	8918
shall be used to purchase supplies and equipment for the benefit	8919
of persons incarcerated in the center and to pay salary and	8920
benefits for employees of the center, or for any other persons,	8921
who work in or are employed for the sole purpose of providing	8922
service to the commissary. The corrections commission shall adopt	8923
rules and regulations for the operation of any commissary fund it	8924
establishes.	8925

(G) In lieu of forming a corrections commission to administer	8926
a multicounty correctional center or a municipal-county or	8927
multicounty-municipal correctional center, the boards of county	8928
commissioners and the legislative authorities of the municipal	8929
corporations contracting to establish the center may also agree to	8930
contract for the private operation and management of the center as	8931
provided in section 9.06 of the Revised Code, but only if the	8932
center houses only misdemeanant inmates. In order to enter into a	8933
contract under section 9.06 of the Revised Code, all the boards	8934
and legislative authorities establishing the center shall approve	8935
and be parties to the contract.	8936

(H) If a person who is convicted of or pleads guilty to an	8937
offense is sentenced to a term in a multicounty correctional	8938
center or a municipal-county or multicounty-municipal correctional	8939
center or is incarcerated in the center in the manner described in	8940
division (C) of this section, or if a person who is arrested for	8941
an offense, and who has been denied bail or has had bail set and	8942
has not been released on bail is confined in a multicounty	8943
correctional center or a municipal-county or multicounty-municipal	8944
correctional center pending trial, at the time of reception and at	8945
other times the officer, officers, or other person in charge of	8946
the operation of the center determines to be appropriate, the	8947
officer, officers, or other person in charge of the operation of	8948
the center may cause the convicted or accused offender to be	8949
examined and tested for tuberculosis, HIV infection, hepatitis,	8950
including but not limited to hepatitis A, B, and C, and other	8951
contagious diseases. The officer, officers, or other person in	8952
charge of the operation of the center may cause a convicted or	8953
accused offender in the center who refuses to be tested or treated	8954
for tuberculosis, HIV infection, hepatitis, including but not	8955
limited to hepatitis A, B, and C, or another contagious disease to	8956
be tested and treated involuntarily.	8957

(I) As used in this section, "multicounty-municipal" means	8958
more than one county and a municipal corporation, or more than one	8959
municipal corporation and a county, or more than one municipal	8960
corporation and more than one county.	8961

Sec. 307.98. ~~Each board~~Boards of county commissioners ~~shall~~	8962
may enter into aone or more written ~~partnership agreement~~fiscal	8963
agreements with the director of job and family services in	8964
accordance with section 5101.21 of the Revised Code. ~~Prior to~~	8965
~~entering into or substantially amending the agreement, the board~~	8966
~~shall conduct a public hearing and consult with the county family~~	8967
~~services planning committee established under section 329.06 of~~	8968
~~the Revised Code. Through the hearing and consultation, the board~~	8969
~~shall obtain comments and recommendations concerning what would be~~	8970
~~the county's obligations and responsibilities under the agreement~~	8971
~~or amendment. As evidence that the board consulted with the county~~	8972
~~family services planning committee, the committee's chair shall~~	8973
~~sign a letter confirming that the consultation occurred, which~~	8974
~~shall be attached to the partnership agreement and any substantial~~	8975
~~amendments to the agreement.~~If a board enters into a fiscal	8976
agreement, the board shall enter into the agreement on behalf of	8977
the county family services agencies, other than a county family	8978
services agency that is a county signer as defined in section	8979
5101.21 of the Revised Code.	8980

Sec. 307.981. (A)(1) As used in the Revised Code:

8981

(a) "County family services agency" means all of the	8982
following:	8983

(i) A child support enforcement agency;

8984

(ii) A county department of job and family services;

8985

(iii) A public children services agency.

8986

(b) "Family services duty" means a duty state law requires or	8987
allows a county family services agency to assume, including	8988
financial and general administrative duties. "Family services	8989
duty" does not include a duty funded by the United States	8990
department of labor.	8991

(2) As used in sections 307.981 to 307.989 of the Revised	8992
Code, "private entity" means an entity other than a government	8993
entity.	8994

(B) To the extent permitted by federal law, including, when	8995
applicable, subpart F of 5 C.F.R. part 900, and subject to any	8996
limitations established by the Revised Code, including division	8997
(H) of this section, a board of county commissioners may designate	8998
any private or government entity within this state to serve as any	8999
of the following:	9000

(1) A child support enforcement agency;

9001

(2) A county department of job and family services;

9002

(3) A public children services agency;

9003

(4) A county department of job and family services and one	9004
other of those county family services agencies;	9005

(5) All three of those county family services agencies;

9006

~~(6) A workforce development agency;~~

9007

~~(7) A workforce development agency and a county department of~~	9008
~~job and family services;~~	9009

~~(8) A workforce development agency and a county department of~~	9010
~~job and family services and one or two of the other county family~~	9011
~~services agencies~~.	9012

(C) ATo the extent permitted by federal law, including, when	9013
applicable, subpart F of 5 C.F.R. part 900, and subject to any	9014
limitations of the Revised Code, including division (H) of this	9015
section, a board of county commissioners may change the	9016
designation it makes under division (B) of this section by	9017
designating another private or government entity.	9018

(D) If ~~the director of job and family services determines~~	9019
~~that~~ a designation under division (B) or (C) of this section	9020
constitutes a ~~substantial~~ change from ~~what is~~the designation in	9021
~~the current partnership~~a fiscal agreement between the director of	9022
job and family services and the board ~~of county commissioners~~	9023
~~under section 5101.21 of the Revised Code~~, the director may	9024
require that the director and board amend the ~~partnership~~fiscal	9025
agreement and that the board provide the director written	9026
assurances that the newly designated private or government entity	9027
will meet or exceed all requirements of the family services duties	9028
~~or workforce development activities~~ the entity is to assume.	9029

(E) Not less than sixty days before a board of county	9030
commissioners designates an entity under division (B) or (C) of	9031
this section, the board shall notify the director of job and	9032
family services and publish notice in a newspaper of general	9033
circulation in the county of the board's intention to make the	9034
designation and reasons for the designation.	9035

(F) A board of county commissioners shall enter into a	9036
written contract with each entity it designates under division (B)	9037
or (C) of this section specifying the entity's responsibilities	9038
and standards the entity is required to meet.	9039

(G) This section does not require a board of county	9040
commissioners to abolish the child support enforcement agency,	9041
county department of job and family services, or public children	9042
services agency serving the county on October 1, 1997, and	9043
designate a different private or government entity to serve as the	9044
county's child support enforcement agency, county department of	9045
job and family services, or public children services agency.	9046

(H) If a county children services board appointed under	9047
section 5153.03 of the Revised Code serves as a public children	9048
services agency for a county, the board of county commissioners	9049
may not redesignate the public children services agency unless the	9050
board of county commissioners does all of the following:	9051

(1) Notifies the county children services board of its intent	9052
to redesignate the public children services agency. In its	9053
notification, the board of county commissioners shall provide the	9054
county children services board a written explanation of the	9055
administrative, fiscal, or performance considerations causing the	9056
board of county commissioners to seek to redesignate the public	9057
children services agency.	9058

(2) Provides the county children services board an	9059
opportunity to comment on the proposed redesignation before the	9060
redesignation occurs;	9061

(3) If the county children services board, not more than	9062
sixty days after receiving the notice under division (H)(1) of	9063
this section, notifies the board of county commissioners that the	9064
county children services board has voted to oppose the	9065
redesignation, votes unanimously to proceed with the	9066
redesignation.	9067

Sec. 307.987. To the extent federal ~~statutes and regulations~~	9068
and state law permit, ~~a partnership agreement entered into under~~	9069
~~section 307.98,~~ a contract entered into under section 307.981 or	9070
307.982, a plan of cooperation entered into under section 307.983,	9071
a regional plan of cooperation entered into under section 307.984,	9072
a transportation work plan developed under section 307.985, and	9073
procedures established under section 307.986 of the Revised Code	9074
shall permit the exchange of information needed to improve	9075
services and assistance to individuals and families and the	9076
protection of children. A private or government entity that	9077
receives information pursuant to ~~an agreement,~~a contract, plan,	9078
or procedures is bound by the same standards of confidentiality as	9079
the entity that provides the information.	9080

~~An agreement,~~A contract, plan, or procedures shall:

9081

(A) Be coordinated and not conflict with another ~~agreement,~~	9082
contract, plan, or procedures or an agreement entered into under	9083
section 329.05 of the Revised Code;	9084

(B) Prohibit discrimination in hiring and promotion against	9085
applicants for and participants of the Ohio works first program	9086
established under Chapter 5107. of the Revised Code and the	9087
prevention, retention, and contingency program established under	9088
Chapter 5108. of the Revised Code;	9089

(C) Comply with federal ~~statutes and regulations~~ and state	9090
law;	9091

(D) Be adopted by resolution of a board of county	9092
commissioners;	9093

(E) Specify how the ~~agreement,~~ contract, plan, or procedures	9094
may be amended.	9095

Sec. 311.17. For the services specified in this section, the	9096
sheriff shall charge the following fees, which the court or its	9097
clerk ~~thereof~~ shall tax in the bill of costs against the judgment	9098
debtor or those legally liable therefor for the judgment:	9099

(A) For the service and return of the following writs and	9100
orders:	9101

(1) Execution:

9102

(a) When money is paid without levy or when no property is	9103
found, ~~five~~twenty dollars;	9104

(b) When levy is made on real property, for the first tract,	9105
~~twenty~~twenty-five dollars, and for each additional tract, ~~five~~	9106
ten dollars;	9107

(c) When levy is made on goods and chattels, including	9108
inventory, ~~twenty-five~~fifty dollars;.	9109

(2) Writ of attachment of property, except for purpose of	9110
garnishment, ~~twenty~~forty dollars;	9111

(3) Writ of attachment for the purpose of garnishment, ~~five~~	9112
ten dollars;	9113

(4) Writ of replevin, ~~twenty~~forty dollars;

9114

(5) Warrant to arrest, for each person named in the writ,	9115
~~five~~ten dollars;	9116

(6) Attachment for contempt, for each person named in the	9117
writ, ~~three~~six dollars;	9118

(7) Writ of possession or restitution, ~~twenty~~sixty dollars;

9119

(8) Subpoena, for each person named in the writ, if in either	9120
a civil or criminal case ~~three~~, six dollars~~, if in a criminal case~~	9121
~~one dollar~~;	9122

(9) Venire, for each person named in the writ, if in either a	9123
civil or criminal case ~~three~~, six dollars~~, if in a criminal case~~	9124
~~one dollar~~;	9125

(10) Summoning each juror, other than on venire, if in either	9126
a civil or criminal case ~~three~~, six dollars~~, if in a criminal case~~	9127
~~one dollar~~;	9128

(11) Writ of partition, ~~fifteen~~twenty-five dollars;

9129

(12) Order of sale on partition, for the first tract,	9130
~~twenty-five~~fifty dollars, and for each additional tract, ~~five~~	9131
twenty-five dollars;	9132

(13) Other order of sale of real property, for the first	9133
tract, ~~twenty~~fifty dollars, and for each additional tract, ~~five~~	9134
twenty-five dollars;	9135

(14) Administering oath to appraisers, ~~one dollar and fifty~~	9136
~~cents~~three dollars each;	9137

(15) Furnishing copies for advertisements, ~~fifty cents~~one	9138
dollar for each hundred words;	9139

(16) Copy of indictment, for each defendant, ~~two~~five	9140
dollars;	9141

(17) All summons, writs, orders, or notices, for the first	9142
name, ~~three~~six dollars, and for each additional name, ~~fifty cents~~	9143
one dollar.	9144

(B) In addition to the fee for service and return~~, the~~	9145
~~sheriff may charge~~:	9146

(1) On each summons, writ, order, or notice, a fee of ~~fifty~~	9147
~~cents~~one dollar per mile for the first mile, and ~~twenty~~fifty	9148
cents per mile for each additional mile, going and returning,	9149
actual mileage to be charged on each additional name;	9150

(2) Taking bail bond, ~~one dollar~~three dollars;

9151

(3) Jail fees, as follows:

9152

(a) For receiving a prisoner, ~~four~~five dollars each time a	9153
prisoner is received, and for discharging or surrendering a	9154
prisoner, ~~four~~five dollars;each time a prisoner is discharged or	9155
surrendered. The departure or return of a prisoner from or to a	9156
jail in connection with a program established under section	9157
5147.28 of the Revised Code is not a receipt, discharge, or	9158
surrender of the prisoner for purposes of this division.	9159

(b) Taking a prisoner before a judge or court, per day, ~~three~~	9160
five dollars;	9161

9162

(d) Calling jury, ~~one dollar~~three dollars;

9163

(e) Calling each witness, ~~one dollar~~three dollars;

9164

(f) Bringing prisoner before court on habeas corpus, ~~four~~six	9165
dollars;.	9166

(4) Poundage on all moneys actually made and paid to the	9167
sheriff on execution, decree, or sale of real estate, one and	9168
one-half per cent;	9169

(5) Making and executing a deed of land sold on execution,	9170
decree, or order of the court, to be paid by the purchaser,	9171
~~twenty-five~~fifty dollars.	9172

When any of the ~~foregoing~~ services described in division (A)	9173
or (B) of this section are rendered by an officer or employee,	9174
whose salary or per diem compensation is paid by the county, the	9175
applicable legal fees and any other extraordinary expenses,	9176
including overtime, provided for ~~such~~the service ~~in this section~~	9177
shall be taxed in the costs in the case, and, when ~~such fees are~~	9178
collected ~~they~~, shall be paid into the general fund of the county.	9179

The sheriff shall charge the same fees for the execution of	9180
process issued in any other state as hethe sheriff charges for	9181
the execution of process of a substantively similar nature that is	9182
issued in this state.	9183

Sec. 317.32. The county recorder shall charge and collect	9184
the following fees, to include base fees for the recorder's	9185
services and housing trust fund fees, collected pursuant to	9186
section 317.36 of the Revised Code:	9187

(A) For recording and indexing an instrument when the	9188
photocopy or any similar process is employed, a base fee of	9189
fourteen dollars for the first two pages and a housing trust fund	9190
fee of fourteen dollars, and a base fee of four dollars and a	9191
housing trust fund fee of four dollars for each subsequent page,	9192
size eight and one-half inches by fourteen inches, or fraction of	9193
a page, including the caption page, of such instrument;	9194

(B) For certifying a photocopy from the record previously	9195
recorded, a base fee of one dollar and a housing trust fund fee of	9196
one dollar per page, size eight and one-half inches by fourteen	9197
inches, or fraction of a page; for each certification where the	9198
recorder's seal is required, except as to instruments issued by	9199
the armed forces of the United States, a base fee of fifty cents	9200
and a housing trust fund fee of fifty cents;	9201

(C) For manual or typewritten recording of assignment or	9202
satisfaction of mortgage or lease or any other marginal entry, a	9203
base fee of four dollars and a housing trust fund fee of four	9204
dollars;	9205

(D) For entering any marginal reference by separate recorded	9206
instrument, a base fee of two dollars and a housing trust fund fee	9207
of two dollars for each marginal reference set out in that	9208
instrument, in addition to the ~~recording fee~~fees set forth in	9209
division (A) of this section;	9210

(E) For indexing in the real estate mortgage records,	9211
pursuant to section 1309.519 of the Revised Code, financing	9212
statements covering crops growing or to be grown, timber to be	9213
cut, minerals or the like, including oil and gas, accounts subject	9214
to section 1309.301 of the Revised Code, or fixture filings made	9215
pursuant to section 1309.334 of the Revised Code, a base fee of	9216
two dollars and a housing trust fund fee of two dollars for each	9217
name indexed;	9218

(F) For recording manually any plat not exceeding six lines,	9219
a base fee of two dollars and a housing trust fund fee of two	9220
dollars, and for each additional line, a base fee of ten cents and	9221
a housing trust fund fee of ten cents;	9222

(G) For filing zoning resolutions, including text and maps,	9223
in the office of the recorder as required under sections 303.11	9224
and 519.11 of the Revised Code, a base fee of fifty dollars and a	9225
housing trust fund fee of fifty dollars, regardless of the size or	9226
length of the resolutions;	9227

(H) For filing zoning amendments, including text and maps, in	9228
the office of the recorder as required under sections 303.12 and	9229
519.12 of the Revised Code, a base fee of ten dollars and a	9230
housing trust fund fee of ten dollars for the first page and a	9231
base fee of four dollars and a housing trust fund fee of four	9232
dollars for each additional page;	9233

(I) For photocopying a document, other than at the time of	9234
recording and indexing as provided for in division (A) of this	9235
section, a base fee of one dollar and a housing trust fund fee of	9236
one dollar per page, size eight and one-half inches by fourteen	9237
inches, or fraction thereof;	9238

(J) For local facsimile transmission of a document, a base	9239
fee of one dollar and a housing trust fund fee of one dollar per	9240
page, size eight and one-half inches by fourteen inches, or	9241
fraction thereof; for long distance facsimile transmission of a	9242
document, a base fee of two dollars and a housing trust fund fee	9243
of two dollars per page, size eight and one-half inches by	9244
fourteen inches, or fraction thereof;	9245

(K) For recording a declaration executed pursuant to section	9246
2133.02 of the Revised Code or a durable power of attorney for	9247
health care executed pursuant to section 1337.12 of the Revised	9248
Code, or both a declaration and a durable power of attorney for	9249
health care, a base fee of at least fourteen dollars but not more	9250
than twenty dollars and a housing trust fund fee of at least	9251
fourteen dollars but not more than twenty dollars.	9252

In any county in which the recorder employs the photostatic	9253
or any similar process for recording maps, plats, or prints the	9254
recorder shall determine, charge, and collect for the recording or	9255
rerecording of any map, plat, or print, a base fee of five cents	9256
and a housing trust fund fee of five cents per square inch, for	9257
each square inch of the map, plat, or print filed for that	9258
recording or rerecording, with a minimum base fee of twenty	9259
dollars and a minimum housing trust fund fee of twenty dollars;	9260
for certifying a copy from the record, a base fee of two cents and	9261
a housing trust fund fee of two cents per square inch of the	9262
record, with a minimum base fee of two dollars and a minimum	9263
housing trust fund fee of two dollars.	9264

The fees provided in this section shall be paid upon the	9265
presentation of the instruments for record or upon the application	9266
for any certified copy of the record, except that the payment of	9267
fees associated with the filing and recording of, or the copying	9268
of, notices of internal revenue tax liens and notices of other	9269
liens in favor of the United States as described in division (A)	9270
of section 317.09 of the Revised Code and certificates of	9271
discharge or release of those liens, shall be governed by section	9272
317.09 of the Revised Code, and the payment of fees for providing	9273
copies of instruments conveying or extinguishing agricultural	9274
easements to the office of farmland preservation in the department	9275
of agriculture under division (G) of section 5301.691 of the	9276
Revised Code shall be governed by that division.	9277

Sec. 317.36. (A) The county recorder shall collect the low-	9278
and moderate-income housing trust fund fee as specified in	9279
sections 317.32, 1563.42, 1702.59, 2505.13, 4141.23, 4509.60,	9280
5111.021, 5310.15, 5719.07, 5727.56, 5733.18, 5733.22, 6101.09,	9281
and 6115.09 of the Revised Code. The amount of any housing trust	9282
fund fee the recorder is authorized to collect is equal to the	9283
amount of any base fee the recorder is authorized to collect for	9284
services. The housing trust fund fee shall be collected in	9285
addition to the base fee.	9286

(B) The recorder shall certify the amounts collected as	9287
housing trust fund fees pursuant to division (A) of this section	9288
into the county treasury as housing trust fund fees to be paid to	9289
the treasurer of state pursuant to section 319.63 of the Revised	9290
Code.	9291

Sec. 319.63. (A) During the first thirty days of each	9292
calendar quarter, the county auditor shall pay to the treasurer of	9293
state all amounts that the county recorder collected as housing	9294
trust fund fees pursuant to section 317.36 of the Revised Code	9295
during the previous calendar quarter. If payment is made to the	9296
treasurer of state within the first thirty days of the quarter,	9297
the county auditor may retain an administrative fee of one per	9298
cent of the amount of the trust fund fees collected during the	9299
previous calendar quarter.	9300

(B) The treasurer of state shall deposit the first fifty	9301
million dollars of housing trust fund fees received each year	9302
pursuant to this section into the low- and moderate-income housing	9303
trust fund, created under section 175.21 of the Revised Code, and	9304
shall deposit any amounts received each year in excess of fifty	9305
million dollars into the state general revenue fund.	9306

(C) The county auditor shall deposit the administrative fee	9307
that the auditor is permitted to retain pursuant to division (A)	9308
of this section into the county general fund for the county	9309
recorder to use in administering the trust fund fee.	9310

Sec. 321.24. (A) On or before the fifteenth day of February,	9311
in each year, the county treasurer shall settle with the county	9312
auditor for all taxes and assessments that the treasurer has	9313
collected on the general duplicate of real and public utility	9314
property at the time of making the settlement.	9315

(B) On or before the thirtieth day of June, in each year, the	9316
treasurer shall settle with the auditor for all advance payments	9317
of general personal and classified property taxes that the	9318
treasurer has received at the time of making the settlement.	9319

(C) On or before the tenth day of August, in each year, the	9320
treasurer shall settle with the auditor for all taxes and	9321
assessments that the treasurer has collected on the general	9322
duplicates of real and public utility property at the time of	9323
making such settlement, not included in the preceding February	9324
settlement.	9325

(D) On or before the thirty-first day of October, in each	9326
year, the treasurer shall settle with the auditor for all taxes	9327
that the treasurer has collected on the general personal and	9328
classified property duplicates, and for all advance payments of	9329
general personal and classified property taxes, not included in	9330
the preceding June settlement, that the treasurer has received at	9331
the time of making such settlement.	9332

(E) In the event the time for the payment of taxes is	9333
extended, pursuant to section 323.17 of the Revised Code, the date	9334
on or before which settlement for the taxes so extended must be	9335
made, as herein prescribed, shall be deemed to be extended for a	9336
like period of time. At each such settlement, the auditor shall	9337
allow to the treasurer, on the moneys received or collected and	9338
accounted for by the treasurer, the treasurer's fees, at the rate	9339
or percentage allowed by law, at a full settlement of the	9340
treasurer.	9341

(F) Within thirty days after the day of each settlement of	9342
taxes required under divisions (A) and (C) of this section, the	9343
treasurer shall certify to the tax commissioner any adjustments	9344
which have been made to the amount certified previously pursuant	9345
to section 319.302 of the Revised Code and that the settlement has	9346
been completed. Upon receipt of such certification, the	9347
commissioner shall provide for payment to the county treasurer	9348
from the general revenue fund of an amount equal to one-half of	9349
the amount certified by the treasurer in the preceding tax year	9350
under section 319.302 of the Revised Code, less one-half of the	9351
amount computed for all taxing districts in that county for the	9352
current fiscal year under section 5703.80 of the Revised Code for	9353
crediting to the property tax administration fund. Such payment	9354
shall be credited upon receipt to the county's undivided income	9355
tax fund, and the county auditor shall transfer to the county	9356
general fund from the amount thereof the total amount of all fees	9357
and charges which the auditor and treasurer would have been	9358
authorized to receive had such section not been in effect and that	9359
amount had been levied and collected as taxes. The county auditor	9360
shall distribute the amount remaining among the various taxing	9361
districts in the county as if it had been levied, collected, and	9362
settled as real property taxes. The amount distributed to each	9363
taxing district shall be reduced by the total of the amounts	9364
computed for the district under divisions (A), (B), and (C) of	9365
section 5703.80 of the Revised Code, but the reduction shall not	9366
exceed the amount that otherwise would be distributed to the	9367
taxing district under this division. The tax commissioner shall	9368
make available to taxing districts such information as is	9369
sufficient for a taxing district to be able to determine the	9370
amount of the reduction in its distribution under this section.	9371

(G)(1) Within thirty days after the day of the settlement	9372
required in division (D) of this section, the county treasurer	9373
shall ~~certify to~~notify the tax commissioner that the settlement	9374
has been completed. Upon receipt of that ~~certification~~	9375
notification, the commissioner shall provide for payment to the	9376
county treasurer from the general revenue fund of an amount equal	9377
to the amount certified under former section 319.311 of the	9378
Revised Code ~~in the current year~~and paid in the state's fiscal	9379
year 2003 multiplied by the percentage specified in division	9380
(G)(2) of this section. The payment shall be credited upon receipt	9381
to the county's undivided income tax fund, and the county auditor	9382
shall distribute the amount thereof among the various taxing	9383
districts of the county as if it had been levied, collected, and	9384
settled as personal property taxes. The amount received by a	9385
taxing district under this division shall be apportioned among its	9386
funds in the same proportion as the current year's personal	9387
property taxes are apportioned.	9388

(2) Payments required under division (G)(1) of this section	9389
shall be made at the following percentages of the amount certified	9390
under former section 319.311 of the Revised Code and paid under	9391
division (G)(1) of this section in the state's fiscal year 2003:	9392

(a) In fiscal year 2004, ninety per cent;

9393

(b) In fiscal year 2005, eighty per cent;

9394

9395

(d) In fiscal year 2007, sixty per cent;

9396

(e) In fiscal year 2008, fifty per cent;

9397

(f) In fiscal year 2009, forty per cent;

9398

(g) In fiscal year 2010, thirty per cent;

9399

(h) In fiscal year 2011, twenty per cent;

9400

(i) In fiscal year 2012, ten per cent.

9401

After fiscal year 2012, no payments shall be made under	9402
division (G)(1) of this section.	9403

(H)(1) On or before the fifteenth day of April each year, the	9404
county treasurer shall settle with the county auditor for all	9405
manufactured home taxes that the county treasurer has collected on	9406
the manufactured home tax duplicate at the time of making the	9407
settlement.	9408

(2) On or before the fifteenth day of September each year,	9409
the county treasurer shall settle with the county auditor for all	9410
remaining manufactured home taxes that the county treasurer has	9411
collected on the manufactured home tax duplicate at the time of	9412
making the settlement.	9413

(3) If the time for payment of such taxes is extended under	9414
section 4503.06 of the Revised Code, the time for making the	9415
settlement as prescribed by divisions (H)(1) and (2) of this	9416
section is extended for a like period of time.	9417

Sec. 323.01. Except as otherwise provided, as used in	9418
Chapter 323. of the Revised Code:	9419

(A) "Subdivision" means any county, township, school	9420
district, or municipal corporation.	9421

(B) "Municipal corporation" includes charter municipalities.

9422

(C) "Taxes" means the total amount of all charges against an	9423
entry appearing on a tax list and the duplicate thereof that was	9424
prepared and certified in accordance with section 319.28 of the	9425
Revised Code, including taxes levied against real estate; taxes on	9426
property whose value is certified pursuant to section 5727.23 of	9427
the Revised Code; recoupment charges applied pursuant to section	9428
5713.35 of the Revised Code; all assessments; penalties and	9429
interest charged pursuant to section 323.121 of the Revised Code;	9430
charges added pursuant to section 319.35 of the Revised Code; and	9431
all of such charges which remain unpaid from any previous tax	9432
year.	9433

(D) "Current taxes" means all taxes charged against an entry	9434
on the general tax list and duplicate of real and public utility	9435
property that have not appeared on such list and duplicate for any	9436
prior tax year and any penalty thereon charged by division (A) of	9437
section 323.121 of the Revised Code. Current taxes, whether or not	9438
they have been certified delinquent, become delinquent taxes if	9439
they remain unpaid after the last day prescribed for payment of	9440
the second installment of current taxes without penalty.	9441

(E) "Delinquent taxes" means:

9442

(1) Any taxes charged against an entry on the general tax	9443
list and duplicate of real and public utility property that were	9444
charged against an entry on such list and duplicate for a prior	9445
tax year and any penalties and interest charged against such	9446
taxes.	9447

(2) Any current taxes charged on the general tax list and	9448
duplicate of real and public utility property that remain unpaid	9449
after the last day prescribed for payment of the second	9450
installment of such taxes without penalty, whether or not they	9451
have been certified delinquent, and any penalties and interest	9452
charged against such taxes.	9453

(F) "Current tax year" means, with respect to particular	9454
taxes, the calendar year in which the first installment of taxes	9455
is due prior to any extension granted under section 323.17 of the	9456
Revised Code.	9457

(G) "Liquidated claim" means:

9458

(1) Any sum of money due and payable, upon a written	9459
contractual obligation executed between the subdivision and the	9460
taxpayer, but excluding any amount due on general and special	9461
assessment bonds and notes;	9462

(2) Any sum of money due and payable, for disability	9463
financial assistance or disability medical assistance provided	9464
under Chapter 5115. of the Revised Code that is furnished to or in	9465
behalf of a subdivision, provided that such claim is recognized by	9466
a resolution or ordinance of the legislative body of such	9467
subdivision;	9468

(3) Any sum of money advanced and paid to or received and	9469
used by a subdivision, pursuant to a resolution or ordinance of	9470
such subdivision or its predecessor in interest, and the moral	9471
obligation to repay which sum, when in funds, shall be recognized	9472
by resolution or ordinance by the subdivision.	9473

Sec. 323.13. Except as provided in section 323.134 of the	9474
Revised Code, immediately upon receipt of any tax duplicate from	9475
the county auditor, but not less than twenty days prior to the	9476
last date on which the first one-half taxes may be paid without	9477
penalty as prescribed in section 323.12 or 323.17 of the Revised	9478
Code, the county treasurer shall cause to be prepared and mailed	9479
or delivered to each person charged on such duplicate with taxes	9480
or to an agent designated by such person, the tax bill prescribed	9481
by the commissioner of tax equalization under section 323.131 of	9482
the Revised Code. When taxes are paid by installments, the county	9483
treasurer shall mail or deliver to each person charged on such	9484
duplicate or the agent designated by such person, a second tax	9485
bill showing the amount due at the time of the second tax	9486
collection. The second half tax bill shall be mailed or delivered	9487
at least twenty days prior to the close of the second half tax	9488
collection period.	9489

After delivery of the delinquent land duplicate as prescribed	9490
in section 5721.011 of the Revised Code, the county treasurer may	9491
prepare and mail to each person in whose name property therein is	9492
listed an additional tax bill showing the total amount of	9493
delinquent taxes appearing on such duplicate against such	9494
property. The tax bill shall include a notice that the interest	9495
charge prescribed by division (B) of section 323.121 of the	9496
Revised Code has begun to accrue.	9497

A change in the mailing address of any tax bill shall be made	9498
in writing to the county treasurer.	9499

Upon certification by the county auditor of the apportionment	9500
of taxes following the transfer of a part of a tract or lot of	9501
real estate, and upon request by the owner of any transferred or	9502
remaining part of such tract or parcel, the treasurer shall cause	9503
to be prepared and mailed or delivered to such owner a tax bill	9504
for the taxes allocated to ~~his~~the owner's part, together with the	9505
penalties, interest, and other charges.	9506

Failure to receive any bill required by this section does not	9507
excuse failure or delay to pay any taxes shown on such bill or,	9508
except as provided in division ~~(A)~~(B)(1) of section 5715.39 of the	9509
Revised Code, avoid any penalty, interest, or charge for such	9510
delay.	9511

Sec. 325.31. (A) On the first business day of each month,	9512
and at the end of the officer's term of office, each officer named	9513
in section 325.27 of the Revised Code shall pay into the county	9514
treasury, to the credit of the general county fund, on the warrant	9515
of the county auditor, all fees, costs, penalties, percentages,	9516
allowances, and perquisites collected by the officer's office	9517
during the preceding month or part thereof for official services,	9518
except the fees allowed the county auditor by division (B) of	9519
section 319.54 of the Revised Code, which shall be paid into the	9520
county treasury to the credit of the real estate assessment fund	9521
hereby created.	9522

(B) Moneys to the credit of the real estate assessment fund	9523
may be expended, upon appropriation by the board of county	9524
commissioners, for the purpose of defraying ~~the~~one or more of the	9525
following:	9526

(1) The cost incurred by the county auditor in assessing real	9527
estate pursuant to Chapter 5713. of the Revised Code and	9528
manufactured and mobile homes pursuant to Chapter 4503. of the	9529
Revised Code~~, and, at~~;	9530

(2) At the county auditor's discretion, costs and expenses	9531
incurred by the county auditor in preparing the list of real and	9532
public utility property, in administering laws related to the	9533
taxation of real property and the levying of special assessments	9534
on real property, including administering reductions under	9535
Chapters 319. and 323. and section 4503.065 of the Revised Code,	9536
and to support assessments of real property in any administrative	9537
or judicial proceeding;	9538

(3) At the county auditor's discretion, the expenses incurred	9539
by the county board of revision under Chapter 5715. of the Revised	9540
Code~~. Any~~;	9541

(4) At the county auditor's discretion, the expenses incurred	9542
by the county auditor for geographic information systems, mapping	9543
programs, and technological advances in those or similar systems	9544
or programs;	9545

(5) At the county auditor's discretion, expenses incurred by	9546
the county auditor in compiling the general tax list of tangible	9547
personal property and administering tangible personal property	9548
taxes under Chapters 5711. and 5719. of the Revised Code;	9549

(6) At the county auditor's discretion, costs, expenses, and	9550
fees incurred by the county auditor in the administration of	9551
estate taxes under Chapter 5731. of the Revised Code.	9552

Any expenditures made from the real estate assessment fund	9553
shall comply with rules that the tax commissioner adopts under	9554
division (O) of section 5703.05 of the Revised Code. Those rules	9555
shall include a requirement that a copy of any appraisal plans,	9556
progress of work reports, contracts, or other documents required	9557
to be filed with the tax commissioner shall be filed also with the	9558
board of county commissioners.	9559

The board of county commissioners shall not transfer moneys	9560
required to be deposited in the real estate assessment fund to any	9561
other fund. Following an assessment of real property pursuant to	9562
Chapter 5713. of the Revised Code, or an assessment of a	9563
manufactured or mobile home pursuant to Chapter 4503. of the	9564
Revised Code, any moneys not expended for the purpose of defraying	9565
the cost incurred in assessing real estate or manufactured or	9566
mobile homes or for the purpose of defraying the expenses ~~of the~~	9567
~~county board of revision~~described in divisions (B)(2), (3), (4),	9568
(5), and (6) of this section, and thereby remaining to the credit	9569
of the real estate assessment fund, shall be apportioned ratably	9570
and distributed to those taxing authorities that contributed to	9571
the fund. However, no such distribution shall be made if the	9572
amount of such unexpended moneys remaining to the credit of the	9573
real estate assessment fund does not exceed five thousand dollars.	9574

(C) None of the officers named in section 325.27 of the	9575
Revised Code shall collect any fees from the county. Each of such	9576
officers shall, at the end of each calendar year, make and file a	9577
sworn statement with the board of county commissioners of all such	9578
fees, costs, penalties, percentages, allowances, and perquisites	9579
which have been due in the officer's office and unpaid for more	9580
than one year prior to the date such statement is required to be	9581
made.	9582

Sec. 329.03. (A) As used in this section:

9583

(1) "Applicant" or "recipient" means an applicant for or	9584
participant in the Ohio works first program established under	9585
Chapter 5107. of the Revised Code or an applicant for or recipient	9586
of disability financial assistance under Chapter 5115. of the	9587
Revised Code.	9588

(2) "Voluntary direct deposit" means a system established	9589
pursuant to this section under which cash assistance payments to	9590
recipients who agree to direct deposit are made by direct deposit	9591
by electronic transfer to an account in a financial institution	9592
designated under this section.	9593

(3) "Mandatory direct deposit" means a system established	9594
pursuant to this section under which cash assistance payments to	9595
all participants in the Ohio works first program or recipients of	9596
disability financial assistance, other than those exempt under	9597
division (E) of this section, are made by direct deposit by	9598
electronic transfer to an account in a financial institution	9599
designated under this section.	9600

(B) A board of county commissioners may by adoption of a	9601
resolution require the county department of job and family	9602
services to establish a direct deposit system for distributing	9603
cash assistance payments under Ohio works first, disability	9604
financial assistance, or both, unless the director of job and	9605
family services has provided for those payments to be made by	9606
electronic benefit transfer pursuant to section 5101.33 of the	9607
Revised Code. Voluntary or mandatory direct deposit may be applied	9608
to either of the programs. The resolution shall specify for each	9609
program for which direct deposit is to be established whether	9610
direct deposit is voluntary or mandatory. The board may require	9611
the department to change or terminate direct deposit by adopting a	9612
resolution to change or terminate it. Within ninety days after	9613
adopting a resolution under this division, the board shall certify	9614
one copy of the resolution to the director of job and family	9615
services and one copy to the office of budget and management. The	9616
director of job and family services may adopt rules governing	9617
establishment of direct deposit by county departments of job and	9618
family services.	9619

The county department of job and family services shall	9620
determine what type of account will be used for direct deposit and	9621
negotiate with financial institutions to determine the charges, if	9622
any, to be imposed by a financial institution for establishing and	9623
maintaining such accounts. Under voluntary direct deposit, the	9624
county department of job and family services may pay all charges	9625
imposed by a financial institution for establishing and	9626
maintaining an account in which direct deposits are made for a	9627
recipient. Under mandatory direct deposit, the county department	9628
of job and family services shall pay all charges imposed by a	9629
financial institution for establishing and maintaining such an	9630
account. No financial institution shall impose any charge for such	9631
an account that the institution does not impose on its other	9632
customers for the same type of account. Direct deposit does not	9633
affect the exemption of Ohio works first and disability financial	9634
assistance from attachment, garnishment, or other like process	9635
afforded by sections 5107.75 and ~~5115.07~~5115.06 of the Revised	9636
Code.	9637

(C) The county department of job and family services shall,	9638
within sixty days after a resolution requiring the establishment	9639
of direct deposit is adopted, establish procedures governing	9640
direct deposit.	9641

Within one hundred eighty days after the resolution is	9642
adopted, the county department shall:	9643

(1) Inform each applicant or recipient of the procedures	9644
governing direct deposit, including in the case of voluntary	9645
direct deposit those that prescribe the conditions under which a	9646
recipient may change from one method of payment to another;	9647

(2) Obtain from each applicant or recipient an authorization	9648
form to designate a financial institution equipped for and	9649
authorized by law to accept direct deposits by electronic transfer	9650
and the account into which the applicant or recipient wishes the	9651
payments to be made, or in the case of voluntary direct deposit	9652
states the applicant's or recipient's election to receive such	9653
payments in the form of a paper warrant.	9654

The department may require a recipient to complete a new	9655
authorization form whenever the department considers it necessary.	9656

A recipient's designation of a financial institution and	9657
account shall remain in effect until withdrawn in writing or	9658
dishonored by the financial institution, except that no change may	9659
be made in the authorization form until the next eligibility	9660
redetermination of the recipient unless the department feels that	9661
good grounds exist for an earlier change.	9662

(D) An applicant or recipient without an account who either	9663
agrees or is required to receive payments by direct deposit shall	9664
have ten days after receiving the authorization form to designate	9665
an account suitable for direct deposit. If within the required	9666
time the applicant or recipient does not make the designation or	9667
requests that the department make the designation, the department	9668
shall designate a financial institution and help the recipient to	9669
open an account.	9670

(E) At the time of giving an applicant or recipient the	9671
authorization form, the county department of job and family	9672
services of a county with mandatory direct deposit shall inform	9673
each applicant or recipient of the basis for exemption and the	9674
right to request exemption from direct deposit.	9675

Under mandatory direct deposit, an applicant or recipient who	9676
wishes to receive payments in the form of a paper warrant shall	9677
record on the authorization form a request for exemption under	9678
this division and the basis for the exemption.	9679

The department shall exempt from mandatory direct deposit any	9680
recipient who requests exemption and is any of the following:	9681

(1) Over age sixty-five;

9682

(2) Blind or disabled;

9683

(3) Likely, in the judgment of the department, to be caused	9684
personal hardship by direct deposit.	9685

A recipient granted an exemption under this division shall	9686
receive payments for which the recipient is eligible in the form	9687
of paper warrants.	9688

(F) The county department of job and family services shall	9689
bear the full cost of the amount of any replacement warrant issued	9690
to a recipient for whom an authorization form as provided in this	9691
section has not been obtained within one hundred eighty days after	9692
the later of the date the board of county commissioners adopts a	9693
resolution requiring payments of financial assistance by direct	9694
deposit to accounts of recipients of Ohio works first or	9695
disability financial assistance or the date the recipient made	9696
application for assistance, and shall not be reimbursed by the	9697
state for any part of the cost. Thereafter, the county department	9698
of job and family services shall continue to bear the full cost of	9699
each replacement warrant issued until the board of county	9700
commissioners requires the county department of job and family	9701
services to obtain from each such recipient the authorization	9702
forms as provided in this section.	9703

Sec. 329.04. (A) The county department of job and family	9704
services shall have, exercise, and perform the following powers	9705
and duties:	9706

(1) Perform any duties assigned by the state department of	9707
job and family services regarding the provision of public family	9708
services, including the provision of the following services to	9709
prevent or reduce economic or personal dependency and to	9710
strengthen family life:	9711

(a) Services authorized by a Title IV-A program, as defined	9712
in section 5101.80 of the Revised Code;	9713

(b) Social services authorized by Title XX of the "Social	9714
Security Act" and provided for by section 5101.46 of the Revised	9715
Code;	9716

(c) If the county department is designated as the child	9717
support enforcement agency, services authorized by Title IV-D of	9718
the "Social Security Act" and provided for by Chapter 3125. of the	9719
Revised Code. The county department may perform the services	9720
itself or contract with other government entities, and, pursuant	9721
to division (C) of section 2301.35 and section 2301.42 of the	9722
Revised Code, private entities, to perform the Title IV-D	9723
services.	9724

(2) Administer disability financial assistance ~~under Chapter~~	9725
~~5115. of the Revised Code~~, as required by the state department of	9726
job and family services under section 5115.03 of the Revised Code;	9727

(3) Administer disability medical assistance, as required by	9728
the state department of job and family services under section	9729
5115.13 of the Revised Code;	9730

~~(3)~~(4) Administer burials insofar as the administration of	9731
burials was, prior to September 12, 1947, imposed upon the board	9732
of county commissioners and if otherwise required by state law;	9733

~~(4)~~(5) Cooperate with state and federal authorities in any	9734
matter relating to family services and to act as the agent of such	9735
authorities;	9736

~~(5)~~(6) Submit an annual account of its work and expenses to	9737
the board of county commissioners and to the state department of	9738
job and family services at the close of each fiscal year;	9739

~~(6)~~(7) Exercise any powers and duties relating to family	9740
services duties or workforce development activities imposed upon	9741
the county department of job and family services by law, by	9742
resolution of the board of county commissioners, or by order of	9743
the governor, when authorized by law, to meet emergencies during	9744
war or peace;	9745

~~(7)~~(8) Determine the eligibility for medical assistance of	9746
recipients of aid under Title XVI of the "Social Security Act";	9747

~~(8)~~(9) If assigned by the state director of job and family	9748
services under section 5101.515 of the Revised Code, determine	9749
applicants' eligibility for health assistance under the children's	9750
health insurance program part II;	9751

~~(9)~~(10) Enter into a plan of cooperation with the board of	9752
county commissioners under section 307.983, consult with the board	9753
in the development of the transportation work plan developed under	9754
section 307.985, establish with the board procedures under section	9755
307.986 for providing services to children whose families relocate	9756
frequently, and comply with the contracts the board enters into	9757
under sections 307.981 and 307.982 of the Revised Code that affect	9758
the county department;	9759

~~(10)~~(11) For the purpose of complying with a ~~partnership~~	9760
fiscal agreement the board of county commissioners enters into	9761
under section 307.98 of the Revised Code, exercise the powers and	9762
perform the duties the ~~partnership~~fiscal agreement assigns to the	9763
county department;	9764

~~(11)~~(12) If the county department is designated as the	9765
workforce development agency, provide the workforce development	9766
activities specified in the contract required by section 330.05 of	9767
the Revised Code.	9768

(B) The powers and duties of a county department of job and	9769
family services are, and shall be exercised and performed, under	9770
the control and direction of the board of county commissioners.	9771
The board may assign to the county department any power or duty of	9772
the board regarding family services duties and workforce	9773
development activities. If the new power or duty necessitates the	9774
state department of job and family services changing its federal	9775
cost allocation plan, the county department may not implement the	9776
power or duty unless the United States department of health and	9777
human services approves the changes.	9778

Sec. 329.05. The county department of job and family	9779
services may administer or assist in administering any state or	9780
local family services ~~activity~~duty in addition to those mentioned	9781
in section 329.04 of the Revised Code, supported wholly or in part	9782
by public funds from any source provided by agreement between the	9783
board of county commissioners and the officer, department, board,	9784
or agency in which the administration of such activity is vested.	9785
Such officer, department, board, or agency may enter into such	9786
agreement and confer upon the county department of job and family	9787
services, to the extent and in particulars specified in the	9788
agreement, the performance of any duties and the exercise of any	9789
powers imposed upon or vested in such officer, board, department,	9790
or agency, with respect to the administration of such activity.	9791
Such agreement shall be in the form of a resolution of the board	9792
of county commissioners, accepted in writing by the other party to	9793
the agreement, and filed in the office of the county auditor, and	9794
when so filed, shall have the effect of transferring the exercise	9795
of the powers and duties to which the agreement relates and shall	9796
exempt the other party from all further responsibility for the	9797
exercise of the powers and duties so transferred, during the life	9798
of the agreement.	9799

Such agreement shall be coordinated and not conflict with a	9800
~~partnership~~fiscal agreement entered into under section 307.98, a	9801
contract entered into under section 307.981 or 307.982, a plan of	9802
cooperation entered into under section 307.983, a regional plan of	9803
cooperation entered into under section 307.984, a transportation	9804
work plan developed under section 307.985, or procedures for	9805
providing services to children whose families relocate frequently	9806
established under section 307.986 of the Revised Code. It may be	9807
revoked at the option of either party, by a resolution or order of	9808
the revoking party filed in the office of the auditor. Such	9809
revocation shall become effective at the end of the fiscal year	9810
occurring at least six months following the filing of the	9811
resolution or order. In the absence of such an express revocation	9812
so filed, the agreement shall continue indefinitely.	9813

This section does not permit a county department of job and	9814
family services to manage or control hospitals, humane societies,	9815
detention facilities, jails or probation departments of courts, or	9816
veterans service commissions.	9817

Sec. 329.051. The county department of job and family	9818
services shall make voter registration applications as prescribed	9819
by the secretary of state under section 3503.10 of the Revised	9820
Code available to persons who are applying for, receiving	9821
assistance from, or participating in any of the following:	9822

(A) The disability financial assistance program established	9823
under Chapter 5115. of the Revised Code;	9824

(B) The disability medical assistance program established	9825
under Chapter 5115. of the Revised Code;	9826

(C) The medical assistance program established under Chapter	9827
5111. of the Revised Code;	9828

~~(C)~~(D) The Ohio works first program established under Chapter	9829
5107. of the Revised Code;	9830

~~(D)~~(E) The prevention, retention, and contingency program	9831
established under Chapter 5108. of the Revised Code.	9832

Sec. 329.06. (A) Except as provided in division (C) of this	9833
section and section 6301.08 of the Revised Code, the board of	9834
county commissioners shall establish a county family services	9835
planning committee. The board shall appoint a member to represent	9836
the county department of job and family services; an employee in	9837
the classified civil service of the county department of job and	9838
family services, if there are any such employees; and a member to	9839
represent the public. The board shall appoint other individuals to	9840
the committee in such a manner that the committee's membership is	9841
broadly representative of the groups of individuals and the public	9842
and private entities that have an interest in the family services	9843
provided in the county. The board shall make appointments in a	9844
manner that reflects the ethnic and racial composition of the	9845
county. The following groups and entities may be represented on	9846
the committee:	9847

(1) Consumers of family services;

9848

(2) The public children services agency;

9849

(3) The child support enforcement agency;

9850

(4) The county family and children first council;

9851

(5) Public and private colleges and universities;

9852

(6) Public entities that provide family services, including	9853
boards of health, boards of education, the county board of mental	9854
retardation and developmental disabilities, and the board of	9855
alcohol, drug addiction, and mental health services that serves	9856
the county;	9857

(7) Private nonprofit and for-profit entities that provide	9858
family services in the county or that advocate for consumers of	9859
family services in the county, including entities that provide	9860
services to or advocate for victims of domestic violence;	9861

(8) Labor organizations;

9862

(9) Any other group or entity that has an interest in the	9863
family services provided in the county, including groups or	9864
entities that represent any of the county's business, urban, and	9865
rural sectors.	9866

(B) The county family services planning committee shall do	9867
all of the following:	9868

(1) Serve as an advisory body to the board of county	9869
commissioners with regard to the family services provided in the	9870
county, including assistance under Chapters 5107. and 5108. of the	9871
Revised Code, publicly funded child day-care under Chapter 5104.	9872
of the Revised Code, and social services provided under section	9873
5101.46 of the Revised Code;	9874

(2) At least once a year, review and analyze the county	9875
department of job and family services' implementation of the	9876
programs established under Chapters 5107. and 5108. of the Revised	9877
Code. In its review, the committee shall use information available	9878
to it to examine all of the following:	9879

(a) Return of assistance groups to participation in either	9880
program after ceasing to participate;	9881

(b) Teen pregnancy rates among the programs' participants;

9882

(c) The other types of assistance the programs' participants	9883
receive, including medical assistance under Chapter 5111. of the	9884
Revised Code, publicly funded child day-care under Chapter 5104.	9885
of the Revised Code, food stamp benefits under section 5101.54 of	9886
the Revised Code, and energy assistance under Chapter 5117. of the	9887
Revised Code;	9888

(d) Other issues the committee considers appropriate.

9889

The committee shall make recommendations to the board of	9890
county commissioners and county department of job and family	9891
services regarding the committee's findings.	9892

(3) ~~Provide comments and recommendations to the board prior~~	9893
~~to the board's entering into or substantially amending a~~	9894
~~partnership agreement with the director of job and family services~~	9895
~~under section 307.98 of the Revised Code;~~	9896

~~(4)~~ Conduct public hearings on proposed county profiles for	9897
the provision of social services under section 5101.46 of the	9898
Revised Code;	9899

~~(5)~~(4) At the request of the board, make recommendations and	9900
provide assistance regarding the family services provided in the	9901
county;	9902

~~(6)~~(5) At any other time the committee considers appropriate,	9903
consult with the board and make recommendations regarding the	9904
family services provided in the county. The committee's	9905
recommendations may address the following:	9906

(a) Implementation and administration of family service	9907
programs;	9908

(b) Use of federal, state, and local funds available for	9909
family service programs;	9910

(c) Establishment of goals to be achieved by family service	9911
programs;	9912

(d) Evaluation of the outcomes of family service programs;

9913

(e) Any other matter the board considers relevant to the	9914
provision of family services.	9915

(C) If there is a committee in existence in a county on	9916
October 1, 1997, that the board of county commissioners determines	9917
is capable of fulfilling the responsibilities of a county family	9918
services planning committee, the board may designate the committee	9919
as the county's family services planning committee and the	9920
committee shall serve in that capacity.	9921

Sec. 340.021. (A) In an alcohol, drug addiction, and mental	9922
health service district comprised of a county with a population of	9923
two hundred fifty thousand or more on ~~the effective date of this~~	9924
~~section~~October 10, 1989, the board of county commissioners shall,	9925
within thirty days of ~~the effective date of this section~~October	9926
10, 1989, establish an alcohol and drug addiction services board	9927
as the entity responsible for providing alcohol and drug addiction	9928
services in the county, unless, prior to that date, the board	9929
adopts a resolution providing that the entity responsible for	9930
providing the services is a board of alcohol, drug addiction, and	9931
mental health services. If the board of county commissioners	9932
establishes an alcohol and drug addiction services board, the	9933
community mental health board established under former section	9934
340.02 of the Revised Code shall serve as the entity responsible	9935
for providing mental health services in the county. A community	9936
mental health board has all the powers, duties, and obligations of	9937
a board of alcohol, drug addiction, and mental health services	9938
with regard to mental health services. An alcohol and drug	9939
addiction services board has all the powers, duties, and	9940
obligations of a board of alcohol, drug addiction, and mental	9941
health services with regard to alcohol and drug addiction	9942
services. Any provision of the Revised Code that refers to a board	9943
of alcohol, drug addiction, and mental health services with regard	9944
to mental health services also refers to a community mental health	9945
board and any provision that refers to a board of alcohol, drug	9946
addiction, and mental health services with regard to alcohol and	9947
drug addiction services also refers to an alcohol and drug	9948
addiction services board.	9949

An alcohol and drug addiction services board shall consist of	9950
eighteen members, six of whom shall be appointed by the director	9951
of alcohol and drug addiction services and twelve of whom shall be	9952
appointed by the board of county commissioners. Of the members	9953
appointed by the director, one shall be a person who has received	9954
or is receiving services for alcohol or drug addiction, one shall	9955
be a parent or relative of such a person, one shall be a	9956
professional in the field of alcohol or drug addiction services,	9957
and one shall be an advocate for persons receiving treatment for	9958
alcohol or drug addiction. The membership of the board shall, as	9959
nearly as possible, reflect the composition of the population of	9960
the service district as to race and sex. Members shall be	9961
residents of the service district and shall be interested in	9962
alcohol and drug addiction services. Requirements for membership,	9963
including prohibitions against certain family and business	9964
relationships, and terms of office shall be the same as those for	9965
members of boards of alcohol, drug addiction, and mental health	9966
services.	9967

~~(B)~~ A community mental health board shall consist of eighteen	9968
members, six of whom shall be appointed by the director of mental	9969
health and twelve of whom shall be appointed by the board of	9970
county commissioners. Of the members appointed by the director,	9971
one shall be a person who has received or is receiving mental	9972
health services, one shall be a parent or relative of such a	9973
person, one shall be a psychiatrist or a physician, and one shall	9974
be a mental health professional. The membership of the board as	9975
nearly as possible shall reflect the composition of the population	9976
of the service district as to race and sex. Members shall be	9977
residents of the service district and shall be interested in	9978
mental health services. Requirements for membership, including	9979
prohibitions against certain family and business relationships,	9980
and terms of office shall be the same as those for members of	9981
boards of alcohol, drug addiction, and mental health services.	9982

(B) If a board of county commissioners subject to division	9983
(A) of this section did not adopt a resolution providing for a	9984
board of alcohol, drug addiction, and mental health services, the	9985
board of county commissioners may adopt a resolution providing for	9986
such a board, subject to both of the following:	9987

(1) The resolution shall be adopted not later than January 1,	9988
2004.	9989

(2) Before adopting the resolution, the board of county	9990
commissioners shall provide notice of the proposed resolution to	9991
the alcohol and drug services board and the community mental	9992
health board and shall provide both boards an opportunity to	9993
comment on the proposed resolution.	9994

Sec. 340.03. (A) Subject to rules issued by the director of	9995
mental health after consultation with relevant constituencies as	9996
required by division (A)(11) of section 5119.06 of the Revised	9997
Code, with regard to mental health services, the board of alcohol,	9998
drug addiction, and mental health services shall:	9999

(1) Serve as the community mental health planning agency for	10000
the county or counties under its jurisdiction, and in so doing it	10001
shall:	10002

(a) Evaluate the need for facilities and community mental	10003
health services;	10004

(b) In cooperation with other local and regional planning and	10005
funding bodies and with relevant ethnic organizations, assess the	10006
community mental health needs, set priorities, and develop plans	10007
for the operation of facilities and community mental health	10008
services;	10009

(c) In accordance with guidelines issued by the director of	10010
mental health after consultation with board representatives,	10011
develop and submit to the department of mental health, no later	10012
than six months prior to the conclusion of the fiscal year in	10013
which the board's current plan is scheduled to expire, a community	10014
mental health plan listing community mental health needs,	10015
including the needs of all residents of the district now residing	10016
in state mental institutions and severely mentally disabled	10017
adults, children, and adolescents; all children subject to a	10018
determination made pursuant to section 121.38 of the Revised Code;	10019
and all the facilities and community mental health services that	10020
are or will be in operation or provided during the period for	10021
which the plan will be in operation in the service district to	10022
meet such needs.	10023

The plan shall include, but not be limited to, a statement of	10024
which of the services listed in section 340.09 of the Revised Code	10025
the board intends to provide or purchase, an explanation of how	10026
the board intends to make any payments that it may be required to	10027
pay under section 5119.62 of the Revised Code, a statement of the	10028
inpatient and community-based services the board proposes that the	10029
department operate, an assessment of the number and types of	10030
residential facilities needed, and such other information as the	10031
department requests, and a budget for moneys the board expects to	10032
receive. The board shall also submit an allocation request for	10033
state and federal funds. Within sixty days after the department's	10034
determination that the plan and allocation request are complete,	10035
the department shall approve or disapprove the plan and request,	10036
in whole or in part, according to the criteria developed pursuant	10037
to section 5119.61 of the Revised Code. The department's statement	10038
of approval or disapproval shall specify the inpatient and the	10039
community-based services that the department will operate for the	10040
board. Eligibility for financial support shall be contingent upon	10041
an approved plan or relevant part of a plan.	10042

If the director disapproves all or part of any plan, the	10043
director shall inform the board of the reasons for the disapproval	10044
and of the criteria that must be met before the plan may be	10045
approved. The director shall provide the board an opportunity to	10046
present its case on behalf of the plan. The director shall give	10047
the board a reasonable time in which to meet the criteria, and	10048
shall offer the board technical assistance to help it meet the	10049
criteria.	10050

If the approval of a plan remains in dispute thirty days	10051
prior to the conclusion of the fiscal year in which the board's	10052
current plan is scheduled to expire, the board or the director may	10053
request that the dispute be submitted to a mutually agreed upon	10054
third-party mediator with the cost to be shared by the board and	10055
the department. The mediator shall issue to the board and the	10056
department recommendations for resolution of the dispute. Prior to	10057
the conclusion of the fiscal year in which the current plan is	10058
scheduled to expire, the director, taking into consideration the	10059
recommendations of the mediator, shall make a final determination	10060
and approve or disapprove the plan, in whole or in part.	10061

If a board determines that it is necessary to amend a plan or	10062
an allocation request that has been approved under division	10063
(A)(1)(c) of this section, the board shall submit a proposed	10064
amendment to the director. The director may approve or disapprove	10065
all or part of the amendment. If the director does not approve all	10066
or part of the amendment within thirty days after it is submitted,	10067
the amendment or part of it shall be considered to have been	10068
approved. The director shall inform the board of the reasons for	10069
disapproval of all or part of an amendment and of the criteria	10070
that must be met before the amendment may be approved. The	10071
director shall provide the board an opportunity to present its	10072
case on behalf of the amendment. The director shall give the board	10073
a reasonable time in which to meet the criteria, and shall offer	10074
the board technical assistance to help it meet the criteria.	10075

The board shall implement the plan approved by the	10076
department.	10077

(d) Receive, compile, and transmit to the department of	10078
mental health applications for state reimbursement;	10079

(e) Promote, arrange, and implement working agreements with	10080
social agencies, both public and private, and with judicial	10081
agencies.	10082

(2) Investigate, or request another agency to investigate,	10083
any complaint alleging abuse or neglect of any person receiving	10084
services from a community mental health agency as defined in	10085
section 5122.01 of the Revised Code, or from a residential	10086
facility licensed under section 5119.22 of the Revised Code. If	10087
the investigation substantiates the charge of abuse or neglect,	10088
the board shall take whatever action it determines is necessary to	10089
correct the situation, including notification of the appropriate	10090
authorities. Upon request, the board shall provide information	10091
about such investigations to the department.	10092

(3) For the purpose of section 5119.611 of the Revised Code,	10093
cooperate with the director of mental health in visiting and	10094
evaluating whether the services of a community mental health	10095
agency satisfy the certification standards established by rules	10096
adopted under that section;	10097

(4) In accordance with criteria established under division	10098
(G) of section 5119.61 of the Revised Code, review and evaluate	10099
the quality, effectiveness, and efficiency of services provided	10100
through its community mental health plan and submit its findings	10101
and recommendations to the department of mental health;	10102

(5) In accordance with section 5119.22 of the Revised Code,	10103
review applications for residential facility licenses and	10104
recommend to the department of mental health approval or	10105
disapproval of applications;	10106

(6) Audit, in accordance with rules adopted by the auditor of	10107
state pursuant to section 117.20 of the Revised Code, at least	10108
annually all programs and services provided under contract with	10109
the board. In so doing, the board may contract for or employ the	10110
services of private auditors. A copy of the fiscal audit report	10111
shall be provided to the director of mental health, the auditor of	10112
state, and the county auditor of each county in the board's	10113
district.	10114

(7) Recruit and promote local financial support for mental	10115
health programs from private and public sources;	10116

(8)(a) Enter into contracts with public and private	10117
facilities for the operation of facility services included in the	10118
board's community mental health plan and enter into contracts with	10119
public and private community mental health agencies for the	10120
provision of community mental health services listed in section	10121
340.09 of the Revised Code and included in the board's community	10122
mental health plan. Contracts with community mental health	10123
agencies are subject to section 5119.611 of the Revised Code.	10124
Section 307.86 of the Revised Code does not apply to contracts	10125
entered into under this division. In contracting with a community	10126
mental health agency, a board shall consider the cost	10127
effectiveness of services provided by that agency and the quality	10128
and continuity of care, and may review cost elements, including	10129
salary costs, of the services to be provided. A utilization review	10130
process shall be established as part of the contract for services	10131
entered into between a board and a community mental health agency.	10132
The board may establish this process in a way that is most	10133
effective and efficient in meeting local needs. In the case of a	10134
contract with a community mental health facility ~~described~~, as	10135
defined in ~~division (B) of~~ section 5111.022 of the Revised Code,	10136
to provide services ~~established by~~listed in division ~~(A)~~(B) of	10137
that section, the contract shall provide for the facility to be	10138
paid in accordance with the contract entered into between the	10139
departments of job and family services and mental health under	10140
~~division (E) of that~~ section 5111.91 of the Revised Code and any	10141
rules adopted under division (A) of section 5119.61 of the Revised	10142
Code.	10143

If either the board or a facility or community mental health	10144
agency with which the board contracts under division (A)(8)(a) of	10145
this section proposes not to renew the contract or proposes	10146
substantial changes in contract terms, the other party shall be	10147
given written notice at least one hundred twenty days before the	10148
expiration date of the contract. During the first sixty days of	10149
this one hundred twenty-day period, both parties shall attempt to	10150
resolve any dispute through good faith collaboration and	10151
negotiation in order to continue to provide services to persons in	10152
need. If the dispute has not been resolved sixty days before the	10153
expiration date of the contract, either party may notify the	10154
department of mental health of the unresolved dispute. The	10155
director may require both parties to submit the dispute to a third	10156
party with the cost to be shared by the board and the facility or	10157
community mental health agency. The third party shall issue to the	10158
board, the facility or agency, and the department recommendations	10159
on how the dispute may be resolved twenty days prior to the	10160
expiration date of the contract, unless both parties agree to a	10161
time extension. The director shall adopt rules establishing the	10162
procedures of this dispute resolution process.	10163

(b) With the prior approval of the director of mental health,	10164
a board may operate a facility or provide a community mental	10165
health service as follows, if there is no other qualified private	10166
or public facility or community mental health agency that is	10167
immediately available and willing to operate such a facility or	10168
provide the service:	10169

(i) In an emergency situation, any board may operate a	10170
facility or provide a community mental health service in order to	10171
provide essential services for the duration of the emergency;	10172

(ii) In a service district with a population of at least one	10173
hundred thousand but less than five hundred thousand, a board may	10174
operate a facility or provide a community mental health service	10175
for no longer than one year;	10176

(iii) In a service district with a population of less than	10177
one hundred thousand, a board may operate a facility or provide a	10178
community mental health service for no longer than one year,	10179
except that such a board may operate a facility or provide a	10180
community mental health service for more than one year with the	10181
prior approval of the director and the prior approval of the board	10182
of county commissioners, or of a majority of the boards of county	10183
commissioners if the district is a joint-county district.	10184

The director shall not give a board approval to operate a	10185
facility or provide a community mental health service under	10186
division (A)(8)(b)(ii) or (iii) of this section unless the	10187
director determines that it is not feasible to have the department	10188
operate the facility or provide the service.	10189

The director shall not give a board approval to operate a	10190
facility or provide a community mental health service under	10191
division (A)(8)(b)(iii) of this section unless the director	10192
determines that the board will provide greater administrative	10193
efficiency and more or better services than would be available if	10194
the board contracted with a private or public facility or	10195
community mental health agency.	10196

The director shall not give a board approval to operate a	10197
facility previously operated by a person or other government	10198
entity unless the board has established to the director's	10199
satisfaction that the person or other government entity cannot	10200
effectively operate the facility or that the person or other	10201
government entity has requested the board to take over operation	10202
of the facility. The director shall not give a board approval to	10203
provide a community mental health service previously provided by a	10204
community mental health agency unless the board has established to	10205
the director's satisfaction that the agency cannot effectively	10206
provide the service or that the agency has requested the board	10207
take over providing the service.	10208

The director shall review and evaluate a board's operation of	10209
a facility and provision of community mental health service under	10210
division (A)(8)(b) of this section.	10211

Nothing in division (A)(8)(b) of this section authorizes a	10212
board to administer or direct the daily operation of any facility	10213
or community mental health agency, but a facility or agency may	10214
contract with a board to receive administrative services or staff	10215
direction from the board under the direction of the governing body	10216
of the facility or agency.	10217

(9) Approve fee schedules and related charges or adopt a unit	10218
cost schedule or other methods of payment for contract services	10219
provided by community mental health agencies in accordance with	10220
guidelines issued by the department as necessary to comply with	10221
state and federal laws pertaining to financial assistance;	10222

(10) Submit to the director and the county commissioners of	10223
the county or counties served by the board, and make available to	10224
the public, an annual report of the programs under the	10225
jurisdiction of the board, including a fiscal accounting;	10226

(11) Establish, to the extent resources are available, a	10227
community support system, which provides for treatment, support,	10228
and rehabilitation services and opportunities. The essential	10229
elements of the system include, but are not limited to, the	10230
following components in accordance with section 5119.06 of the	10231
Revised Code:	10232

(a) To locate persons in need of mental health services to	10233
inform them of available services and benefits mechanisms;	10234

(b) Assistance for clients to obtain services necessary to	10235
meet basic human needs for food, clothing, shelter, medical care,	10236
personal safety, and income;	10237

(c) Mental health care, including, but not limited to,	10238
outpatient, partial hospitalization, and, where appropriate,	10239
inpatient care;	10240

(d) Emergency services and crisis intervention;

10241

(e) Assistance for clients to obtain vocational services and	10242
opportunities for jobs;	10243

(f) The provision of services designed to develop social,	10244
community, and personal living skills;	10245

(g) Access to a wide range of housing and the provision of	10246
residential treatment and support;	10247

(h) Support, assistance, consultation, and education for	10248
families, friends, consumers of mental health services, and	10249
others;	10250

(i) Recognition and encouragement of families, friends,	10251
neighborhood networks, especially networks that include racial and	10252
ethnic minorities, churches, community organizations, and	10253
meaningful employment as natural supports for consumers of mental	10254
health services;	10255

(j) Grievance procedures and protection of the rights of	10256
consumers of mental health services;	10257

(k) Case management, which includes continual individualized	10258
assistance and advocacy to ensure that needed services are offered	10259
and procured.	10260

(12) Designate the treatment program, agency, or facility for	10261
each person involuntarily committed to the board pursuant to	10262
Chapter 5122. of the Revised Code and authorize payment for such	10263
treatment. The board shall provide the least restrictive and most	10264
appropriate alternative that is available for any person	10265
involuntarily committed to it and shall assure that the services	10266
listed in section 340.09 of the Revised Code are available to	10267
severely mentally disabled persons residing within its service	10268
district. The board shall establish the procedure for authorizing	10269
payment for services, which may include prior authorization in	10270
appropriate circumstances. The board may provide for services	10271
directly to a severely mentally disabled person when life or	10272
safety is endangered and when no community mental health agency is	10273
available to provide the service.	10274

(13) Establish a method for evaluating referrals for	10275
involuntary commitment and affidavits filed pursuant to section	10276
5122.11 of the Revised Code in order to assist the probate	10277
division of the court of common pleas in determining whether there	10278
is probable cause that a respondent is subject to involuntary	10279
hospitalization and what alternative treatment is available and	10280
appropriate, if any;	10281

(14) Ensure that apartments or rooms built, subsidized,	10282
renovated, rented, owned, or leased by the board or a community	10283
mental health agency have been approved as meeting minimum fire	10284
safety standards and that persons residing in the rooms or	10285
apartments are receiving appropriate and necessary services,	10286
including culturally relevant services, from a community mental	10287
health agency. This division does not apply to residential	10288
facilities licensed pursuant to section 5119.22 of the Revised	10289
Code.	10290

(15) Establish a mechanism for involvement of consumer	10291
recommendation and advice on matters pertaining to mental health	10292
services in the alcohol, drug addiction, and mental health service	10293
district;	10294

(16) Perform the duties under section 3722.18 of the Revised	10295
Code required by rules adopted under section 5119.61 of the	10296
Revised Code regarding referrals by the board or mental health	10297
agencies under contract with the board of individuals with mental	10298
illness or severe mental disability to adult care facilities and	10299
effective arrangements for ongoing mental health services for the	10300
individuals. The board is accountable in the manner specified in	10301
the rules for ensuring that the ongoing mental health services are	10302
effectively arranged for the individuals.	10303

(B) The board shall establish such rules, operating	10304
procedures, standards, and bylaws, and perform such other duties	10305
as may be necessary or proper to carry out the purposes of this	10306
chapter.	10307

(C) A board of alcohol, drug addiction, and mental health	10308
services may receive by gift, grant, devise, or bequest any	10309
moneys, lands, or property for the benefit of the purposes for	10310
which the board is established, and may hold and apply it	10311
according to the terms of the gift, grant, or bequest. All money	10312
received, including accrued interest, by gift, grant, or bequest	10313
shall be deposited in the treasury of the county, the treasurer of	10314
which is custodian of the alcohol, drug addiction, and mental	10315
health services funds to the credit of the board and shall be	10316
available for use by the board for purposes stated by the donor or	10317
grantor.	10318

(D) No board member or employee of a board of alcohol, drug	10319
addiction, and mental health services shall be liable for injury	10320
or damages caused by any action or inaction taken within the scope	10321
of the board member's official duties or the employee's	10322
employment, whether or not such action or inaction is expressly	10323
authorized by this section, section 340.033, or any other section	10324
of the Revised Code, unless such action or inaction constitutes	10325
willful or wanton misconduct. Chapter 2744. of the Revised Code	10326
applies to any action or inaction by a board member or employee of	10327
a board taken within the scope of the board member's official	10328
duties or employee's employment. For the purposes of this	10329
division, the conduct of a board member or employee shall not be	10330
considered willful or wanton misconduct if the board member or	10331
employee acted in good faith and in a manner that the board member	10332
or employee reasonably believed was in or was not opposed to the	10333
best interests of the board and, with respect to any criminal	10334
action or proceeding, had no reasonable cause to believe the	10335
conduct was unlawful.	10336

(E) The meetings held by any committee established by a board	10337
of alcohol, drug addiction, and mental health services shall be	10338
considered to be meetings of a public body subject to section	10339
121.22 of the Revised Code.	10340

Sec. 341.05. (A) The sheriff shall assign sufficient staff	10341
to ensure the safe and secure operation of the county jail, but	10342
staff shall be assigned only to the extent such staff can be	10343
provided with funds appropriated to the sheriff at the discretion	10344
of the board of county commissioners. The staff may include any of	10345
the following:	10346

(1) An administrator for the jail;

10347

(2) Jail officers, including civilian jail officers who are	10348
not sheriff's deputies, to conduct security duties;	10349

(3) Other necessary employees to assist in the operation of	10350
the county jail.	10351

(B) The sheriff shall employ a sufficient number of female	10352
staff to be available to perform all reception and release	10353
procedures for female prisoners. These female employees shall be	10354
on duty for the duration of the confinement of the female	10355
prisoners.	10356

(C) The jail administrator and civilian jail officers	10357
appointed by the sheriff shall have all the powers of police	10358
officers on the jail grounds as are necessary for the proper	10359
performance of the duties relating to their positions at the jail	10360
and as are consistent with their level of training.	10361

(D) The sheriff may authorize civilian jail officers to wear	10362
a standard uniform consistent with their prescribed authority, in	10363
accordance with section 311.281 of the Revised Code. Civilian jail	10364
officer uniforms shall be differentiated clearly from the uniforms	10365
worn by sheriff's deputies.	10366

(E) ~~The~~Except as provided in division (B) of section 341.25	10367
of the Revised Code, the compensation of jail staff shall be	10368
payable from the general fund of the county, upon the warrant of	10369
the auditor, in accordance with standard county payroll	10370
procedures.	10371

Sec. 341.25. (A) The sheriff may establish a commissary for	10372
the jail. The commissary may be established either in-house or by	10373
another arrangement. If a commissary is established, all persons	10374
incarcerated in the jail shall receive commissary privileges. A	10375
person's purchases from the commissary shall be deducted from the	10376
person's account record in the jail's business office. The	10377
commissary shall provide for the distribution to indigent persons	10378
incarcerated in the jail necessary hygiene articles and writing	10379
materials.	10380

(B) If a commissary is established, the sheriff shall	10381
establish a commissary fund for the jail. The management of funds	10382
in the commissary fund shall be strictly controlled in accordance	10383
with procedures adopted by the auditor of state. Commissary fund	10384
revenue over and above operating costs and reserve shall be	10385
considered profits. All profits from the commissary fund shall be	10386
used to purchase supplies and equipment, and to provide life	10387
skills training and education or treatment services, or both, for	10388
the benefit of persons incarcerated in the jail, and to pay salary	10389
and benefits for employees of the sheriff who work in or are	10390
employed for the purpose of providing service to the commissary.	10391
The sheriff shall adopt rules for the operation of any commissary	10392
fund the sheriff establishes.	10393

Sec. 504.03. (A)(1) If a limited home rule government is	10394
adopted pursuant to section 504.02 of the Revised Code, it shall	10395
remain in effect for at least three years except as otherwise	10396
provided in division (B) of this section. At the end of that	10397
period, if the board of township trustees determines that that	10398
government is not in the best interests of the township, it may	10399
adopt a resolution causing the board of elections to submit to the	10400
electors of the unincorporated area of the township the question	10401
of whether the township should continue the limited home rule	10402
government. The question shall be voted upon at the next general	10403
election occurring at least seventy-five days after the	10404
certification of the resolution to the board of elections. After	10405
certification of the resolution, the board of elections shall	10406
submit the question to the electors of the unincorporated area of	10407
the township, and the ballot language shall be substantially as	10408
follows:	10409

"Shall the township of ........... (name) continue the	10410
limited home rule government under which it is operating?	10411

......		For continuation of the limited home rule government		10412
......		Against continuation of the limited home rule government"		10413

(2) At least forty-five days before the election on the	10414
question of continuing the limited home rule government, the board	10415
of township trustees shall have notice of the election published	10416
in a newspaper of general circulation in the township for three	10417
consecutive weeks and have the notice posted in five conspicuous	10418
places in the unincorporated area of the township.	10419

(B) The electors of a township that has adopted a limited	10420
home rule government may propose at any time by initiative	10421
petition, in accordance with section 504.14 of the Revised Code, a	10422
resolution submitting to the electors in the unincorporated area	10423
of the township, in an election, the question set forth in	10424
division (A)(1) of this section.	10425

(C) If a majority of the votes cast under division (A) or (B)	10426
of this section on the proposition of continuing the limited home	10427
rule government is in the negative, that government is terminated	10428
effective on the first day of January immediately following the	10429
election, and a limited home rule government shall not be adopted	10430
in the unincorporated area of the township pursuant to section	10431
504.02 of the Revised Code for at least three years after that	10432
date.	10433

(D) If a limited home rule government is terminated under	10434
this section, the board of township trustees immediately shall	10435
adopt a resolution repealing all resolutions adopted pursuant to	10436
this chapter that are not authorized by any other section of the	10437
Revised Code outside this chapter, effective on the first day of	10438
January immediately following the election described in division	10439
(A) or (B) of this section. However, no resolution adopted under	10440
this division shall affect or impair the obligations of the	10441
township under any security issued or contracts entered into by	10442
the township in connection with the financing of any water supply	10443
facility or sewer improvement under sections 504.18 to 504.20 of	10444
the Revised Code or the authority of the township to collect or	10445
enforce any assessments or other revenues constituting security	10446
for or source of payments of debt service charges of those	10447
securities.	10448

(E) Upon the termination of a limited home rule government	10449
under this section, if the township had converted its board of	10450
township trustees to a five-member board ~~under section 504.21 of~~	10451
~~the Revised Code~~before the effective date of this amendment, the	10452
current board member who received the lowest number of votes of	10453
the current board members who were elected at the most recent	10454
election for township trustees, and the current board member who	10455
received the lowest number of votes of the current board members	10456
who were elected at the second most recent election for township	10457
trustees, shall cease to be township trustees on the date that the	10458
limited home rule government terminates. Their offices likewise	10459
shall cease to exist at that time, and the board shall continue as	10460
a three-member board as provided in section 505.01 of the Revised	10461
Code.	10462

Sec. 504.04. (A) A township that adopts a limited home rule	10463
government may do all of the following by resolution, provided	10464
that any of these resolutions, other than a resolution to supply	10465
water or sewer services in accordance with sections 504.18 to	10466
504.20 of the Revised Code, may be enforced only by the imposition	10467
of civil fines as authorized in this chapter:	10468

(1) Exercise all powers of local self-government within the	10469
unincorporated area of the township, other than powers that are in	10470
conflict with general laws, except that the township shall comply	10471
with the requirements and prohibitions of this chapter, and shall	10472
enact no taxes other than those authorized by general law, and	10473
except that no resolution adopted pursuant to this chapter shall	10474
encroach upon the powers, duties, and privileges of elected	10475
township officers or change, alter, combine, eliminate, or	10476
otherwise modify the form or structure of the township government	10477
unless the change is required or permitted by this chapter;	10478

(2) Adopt and enforce within the unincorporated area of the	10479
township local police, sanitary, and other similar regulations	10480
that are not in conflict with general laws or otherwise prohibited	10481
by division (B) of this section;	10482

(3) Supply water and sewer services to users within the	10483
unincorporated area of the township in accordance with sections	10484
504.18 to 504.20 of the Revised Code.	10485

(B) No resolution adopted pursuant to this chapter shall do	10486
any of the following:	10487

(1) Create a criminal offense or impose criminal penalties,	10488
except as authorized by division (A) of this section;	10489

(2) Impose civil fines other than as authorized by this	10490
chapter;	10491

(3) Establish or revise subdivision regulations, road	10492
construction standards, urban sediment rules, or storm water and	10493
drainage regulations;	10494

(4) Establish or revise building standards, building codes,	10495
and other standard codes except as provided in section 504.13 of	10496
the Revised Code;	10497

(5) Increase, decrease, or otherwise alter the powers or	10498
duties of a township under any other chapter of the Revised Code	10499
pertaining to agriculture or the conservation or development of	10500
natural resources;	10501

(6) Establish regulations affecting hunting, trapping,	10502
fishing, or the possession, use, or sale of firearms;	10503

(7) Establish or revise water or sewer regulations, except in	10504
accordance with sections 504.18 and 504.19 of the Revised Code.	10505

Nothing in this chapter shall be construed as affecting the	10506
powers of counties with regard to the subjects listed in divisions	10507
(B)(3) to (5) of this section.	10508

(C) Under a limited home rule government, all officers shall	10509
have the qualifications, and be nominated, elected, or appointed,	10510
as provided in Chapter 505. of the Revised Code, except that the	10511
board of township trustees shall appoint a full-time or part-time	10512
law director pursuant to section 504.15 of the Revised Code, and	10513
except that ~~section 504.21 of the Revised Code also shall apply if~~	10514
a five-member board of township trustees is approved for the	10515
township before the effective date of this amendment shall	10516
continue to serve as the legislative authority with successive	10517
members serving for four-year terms of office until a termination	10518
of a limited home rule government under section 504.03 of the	10519
Revised Code.	10520

(D) In case of conflict between resolutions enacted by a	10521
board of township trustees and municipal ordinances or	10522
resolutions, the ordinance or resolution enacted by the municipal	10523
corporation prevails. In case of conflict between resolutions	10524
enacted by a board of township trustees and any county resolution,	10525
the resolution enacted by the board of township trustees prevails.	10526

Sec. 505.376. When any expenditure of a fire and ambulance	10527
district, other than for the compensation of district employees,	10528
exceeds ~~ten~~twenty-five thousand dollars, the contract for the	10529
expenditure shall be in writing and made with the lowest and best	10530
bidder after advertising for not less than two nor more than four	10531
consecutive weeks in a newspaper of general circulation within the	10532
district. The bids shall be opened and shall be publicly read by	10533
the clerk of the district, or the clerk's designee, at the time,	10534
date, and place specified in the advertisement to bidders or the	10535
specifications. The time, date, and place of bid openings may be	10536
extended to a later date by the board of trustees of the district,	10537
provided that written or oral notice of the change shall be given	10538
to all persons who have received or requested specifications no	10539
later than ninety-six hours prior to the original time and date	10540
fixed for the opening.	10541

Each bid on any contract shall contain the full name of every	10542
person interested in the bid. If the bid is for a contract for the	10543
construction, demolition, alteration, repair, or reconstruction of	10544
an improvement, it shall meet the requirements of section 153.54	10545
of the Revised Code. If the bid is for any other contract, it	10546
shall be accompanied by a sufficient bond or certified check,	10547
cashier's check, or money order on a solvent bank or savings and	10548
loan association that, if the bid is accepted, a contract will be	10549
entered into and the performance of it will be properly secured.	10550
If the bid for work embraces both labor and material, it shall be	10551
separately stated, with the price ~~thereof~~of the labor and the	10552
material. The board may reject any and all bids. The contract	10553
shall be between the district and the bidder, and the district	10554
shall pay the contract price in cash. When a bonus is offered for	10555
completion of a contract prior to a specified date, the board may	10556
exact a prorated penalty in like sum for each day of delay beyond	10557
the specified date. When there is reason to believe there is	10558
collusion or combination among bidders, the bids of those	10559
concerned ~~therein~~ shall be rejected.	10560

Sec. 507.09. (A) Except as otherwise provided in division	10561
(D) of this section, the township clerk shall be entitled to	10562
compensation as follows:	10563

(1) In townships having a budget of fifty thousand dollars or	10564
less, three thousand five hundred dollars;	10565

(2) In townships having a budget of more than fifty thousand	10566
but not more than one hundred thousand dollars, five thousand five	10567
hundred dollars;	10568

(3) In townships having a budget of more than one hundred	10569
thousand but not more than two hundred fifty thousand dollars,	10570
seven thousand seven hundred dollars;	10571

(4) In townships having a budget of more than two hundred	10572
fifty thousand but not more than five hundred thousand dollars,	10573
nine thousand nine hundred dollars;	10574

(5) In townships having a budget of more than five hundred	10575
thousand but not more than seven hundred fifty thousand dollars,	10576
eleven thousand dollars;	10577

(6) In townships having a budget of more than seven hundred	10578
fifty thousand but not more than one million five hundred thousand	10579
dollars, thirteen thousand two hundred dollars;	10580

(7) In townships having a budget of more than one million	10581
five hundred thousand but not more than three million five hundred	10582
thousand dollars, fifteen thousand four hundred dollars;	10583

(8) In townships having a budget of more than three million	10584
five hundred thousand dollars but not more than six million	10585
dollars, sixteen thousand five hundred dollars;	10586

(9) In townships having a budget of more than six million	10587
dollars, seventeen thousand six hundred dollars.	10588

(B) Any township clerk may elect to receive less than the	10589
compensation the clerk is entitled to under division (A) of this	10590
section. Any clerk electing to do this shall so notify the board	10591
of township trustees in writing, and the board shall include this	10592
notice in the minutes of its next board meeting.	10593

(C) The compensation of the township clerk shall be paid in	10594
equal monthly payments. If the office of clerk is held by more	10595
than one person during any calendar year, each person holding the	10596
office shall receive payments for only those months, and any	10597
fractions of those months, during which the person holds the	10598
office.	10599

(D) Beginning in calendar year 1999, the township clerk shall	10600
be entitled to compensation as follows:	10601

(1) In calendar year 1999, the compensation specified in	10602
division (A) of this section increased by three per cent;	10603

(2) In calendar year 2000, the compensation determined under	10604
division (D)(1) of this section increased by three per cent;	10605

(3) In calendar year 2001, the compensation determined under	10606
division (D)(2) of this section increased by three per cent;	10607

(4) In calendar year 2002, except in townships having a	10608
budget of more than six million dollars, the compensation	10609
determined under division (D)(3) of this section increased by	10610
three per cent; in townships having a budget of more than six	10611
million but not more than ten million dollars, nineteen thousand	10612
eight hundred ten dollars; and in townships having a budget of	10613
more than ten million dollars, twenty thousand nine hundred	10614
dollars;	10615

(5) In calendar year 2003, the compensation determined under	10616
division (D)(4) of this section increased by three per cent or the	10617
percentage increase in the consumer price index as described in	10618
division (D)(7)(b) of this section, whichever percentage is lower;	10619

(6) In calendar year 2004, except in townships having a	10620
budget of more than six million dollars, the compensation	10621
determined under division (D)(5) of this section for the calendar	10622
year 2003 increased by three per cent or the percentage increase	10623
in the consumer price index as described in division (D)(7)(b) of	10624
this section, whichever percentage is lower; in townships having a	10625
budget of more than six million but not more than ten million	10626
dollars, twenty-two thousand eighty-seven dollars; and in	10627
townships having a budget of more than ten million dollars,	10628
twenty-five thousand five hundred fifty-three dollars;	10629

(7) In calendar years ~~2003~~2005 through 2008, the	10630
compensation determined under division (D) of this section for the	10631
immediately preceding calendar year increased by the lesser of the	10632
following:	10633

(a) Three per cent;

10634

(b) The percentage increase, if any, in the consumer price	10635
index over the twelve-month period that ends on the thirtieth day	10636
of September of the immediately preceding calendar year, rounded	10637
to the nearest one-tenth of one per cent;	10638

~~(6)~~(8) In calendar year 2009 and thereafter, the amount	10639
determined under division (D) of this section for calendar year	10640
2008.	10641

As used in this division, "consumer price index" has the same	10642
meaning as in section 325.18 of the Revised Code.	10643

Sec. 511.12. The board of township trustees may prepare	10644
plans and specifications and make contracts for the construction	10645
and erection of a memorial building, monument, statue, or	10646
memorial, for the purposes specified and within the amount	10647
authorized by section 511.08 of the Revised Code. If the total	10648
estimated cost of the construction and erection exceeds ~~fifteen~~	10649
twenty-five thousand dollars, the contract shall be let by	10650
competitive bidding. If the estimated cost is ~~fifteen~~twenty-five	10651
thousand dollars or less, competitive bidding may be required at	10652
the board's discretion. In making contracts under this section,	10653
the board shall be governed as follows:	10654

(A) Contracts for construction when competitive bidding is	10655
required shall be based upon detailed plans, specifications, forms	10656
of bids, and estimates of cost, adopted by the board.	10657

(B) Contracts shall be made in writing upon concurrence of a	10658
majority of the members of the board, and shall be signed by at	10659
least two of ~~such~~the members and by the contractor. If	10660
competitive bidding is required, no contract shall be made or	10661
signed until an advertisement has been placed in two newspapers,	10662
published or of general circulation in the township, for a period	10663
of thirty days.	10664

(C) No contract shall be let by competitive bidding except to	10665
the lowest and best bidder, who shall meet the requirements of	10666
section 153.54 of the Revised Code.	10667

(D) When, in the opinion of the board, it becomes necessary	10668
in the prosecution of such work to make alterations or	10669
modifications in any contract, ~~such~~the alterations or	10670
modifications shall be made only by order of the board, and ~~such~~	10671
that order shall be of no effect until the price to be paid for	10672
the work or materials under ~~such~~the altered or modified contract	10673
has been agreed upon in writing and signed by the contractor and	10674
at least two members of the board.	10675

(E) No contract or alteration or modification ~~thereof~~of it	10676
shall be valid unless made in the manner provided in this section.	10677

Sec. 511.181. If the board of park commissioners of a	10678
township park district created before 1955 is appointed by the	10679
board of township trustees, the board of township trustees may	10680
adopt a resolution to convert the parks owned and operated by the	10681
park district into parks owned and operated by the township if the	10682
township has a population of less than thirty-five thousand and a	10683
geographical area of less than fifteen square miles. Upon the	10684
adoption of that resolution, the township park district shall	10685
cease to exist, all real and personal property owned by the park	10686
district shall be transferred to the township, and the township	10687
shall assume liability with respect to all contracts and debts of	10688
the park district. All employees of the township park district	10689
whose parks are so converted into township parks shall become	10690
township employees, and the board of township trustees may retain	10691
the former park commissioners, on the terms that the trustees	10692
consider appropriate, to operate the property formerly owned by	10693
the township park district.	10694

The township shall continue to collect any taxes levied	10695
within the former township park district, and the taxes shall be	10696
deposited into the township treasury as funds to be used for the	10697
park purposes for which they were levied.	10698

Within fifteen days after the adoption of a township park	10699
district conversion resolution under this section, the clerk of	10700
the board of township trustees shall certify a copy of that	10701
resolution to the county auditor.	10702

Sec. 515.01. The board of township trustees may provide	10703
artificial lights for any road, highway, public place, or building	10704
under its supervision or control, or for any territory within the	10705
township and outside the boundaries of any municipal corporation,	10706
when the board determines that the public safety or welfare	10707
requires that ~~such~~the road, highway, public place, building, or	10708
territory shall be lighted. ~~Such~~The lighting may be procured	10709
either by the township installing a lighting system or by	10710
contracting with any person or corporation to furnish lights.	10711

If lights are furnished under contract, ~~such~~the contract may	10712
provide that the equipment employed may be owned by the township	10713
or by the person or corporation supplying it.	10714

If the board determines to procure ~~such~~ lighting by contract	10715
and the total estimated cost of the contract exceeds ~~fifteen~~	10716
twenty-five thousand dollars, the board shall prepare plans and	10717
specifications for the lighting equipment and shall, for two	10718
weeks, advertise for bids for furnishing ~~such~~the lighting	10719
equipment, either by posting ~~such~~the advertisement in three	10720
conspicuous places in the township or by publication ~~thereof~~of	10721
the advertisement once a week, for two consecutive weeks, in a	10722
newspaper of general circulation in the township. Any such	10723
contract for lighting shall be made with the lowest and best	10724
bidder.	10725

No lighting contract awarded by the board shall be made to	10726
cover a period of more than ten years. The cost of installing and	10727
operating any lighting system or any light furnished under	10728
contract shall be paid from the general fund of the township	10729
treasury.	10730

Sec. 515.07. If the total estimated cost of any lighting	10731
improvement provided for in section 515.06 of the Revised Code is	10732
~~fifteen~~twenty-five thousand dollars or less, the contract may be	10733
let without competitive bidding. When competitive bidding is	10734
required, the board of township trustees shall post, in three of	10735
the most conspicuous public places in the district, a notice	10736
specifying the number, candle power, and location of lights, and	10737
the kind of supports ~~therefore~~for the lights as provided by	10738
section 515.06 of the Revised Code, as well as the time, which	10739
shall not be less than thirty days from the posting of the	10740
notices, and the place the board will receive bids to furnish ~~such~~	10741
the lights. The board shall accept the lowest and best bid, if the	10742
successful bidder meets the requirements of section 153.54 of the	10743
Revised Code. The board may reject all bids.	10744

Sec. 521.05. (A) If the total estimated cost of any	10745
improvement provided for in section 521.04 of the Revised Code is	10746
~~ten~~twenty-five thousand dollars or less, the contract may be let	10747
without competitive bidding. When competitive bidding is required,	10748
the board of township trustees shall post, in three of the most	10749
conspicuous public places in the township, a notice specifying the	10750
improvement to be made and the time, which shall be at least	10751
thirty days after the posting of the notices, and the place the	10752
board will receive bids to make the improvement. The board shall	10753
accept the lowest and best bid, if the successful bidder meets the	10754
requirements of section 153.54 of the Revised Code. The board may	10755
reject all bids.	10756

(B) On accepting a bid, the board shall enter into a contract	10757
with the successful bidder for making the improvement according to	10758
specifications. The contract shall not be for a term longer than	10759
ten years.	10760

Sec. 715.013. (A) Except as otherwise expressly authorized by	10761
the Revised Code, no municipal corporation shall levy a tax that	10762
is the same as or similar to a tax levied under Chapter 322.,	10763
3734., 3769., 4123., 4141., 4301., 4303., 4305., 4307., 4309.,	10764
5707., 5725., 5727., 5728., 5729., 5731., 5735., 5737., 5739.,	10765
5741., 5743., or 5749. of the Revised Code.	10766

(B) This section does not prohibit a municipal corporation	10767
from levying a tax on ~~amounts~~any of the following:	10768

(1) Amounts received for admission to any place ~~or, on and~~	10769
~~after January 1, 2002, on the~~;	10770

(2) The income of an electric company or combined company, as	10771
defined in section 5727.01 of the Revised Code;	10772

(3) On and after January 1, 2004, the income of a telephone	10773
company, as defined in section 5727.01 of the Revised Code.	10774

Sec. 718.01. (A) As used in this chapter:

10775

(1) "Adjusted federal taxable income" means a C corporation's	10776
federal taxable income before net operating losses and special	10777
deductions as determined under the Internal Revenue Code, adjusted	10778
as follows:	10779

(a) Deduct intangible income to the extent included in	10780
federal taxable income. The deduction shall be allowed regardless	10781
of whether the intangible income relates to assets used in a trade	10782
or business or assets held for the production of income.	10783

(b) Add an amount equal to five per cent of intangible income	10784
deducted under division (A)(1)(a) of this section, but excluding	10785
that portion of intangible income directly related to the sale,	10786
exchange, or other disposition of property described in section	10787
1221 of the Internal Revenue Code;	10788

(c) Add any losses allowed as a deduction in the computation	10789
of federal taxable income if the losses directly relate to the	10790
sale, exchange, or other disposition of an asset described in	10791
section 1221 or 1231 of the Internal Revenue Code;	10792

(d)(i) Except as provided in division (A)(1)(d)(ii) of this	10793
section, deduct income and gain included in federal taxable income	10794
to the extent the income and gain directly relate to the sale,	10795
exchange, or other disposition of an asset described in section	10796
1221 or 1231 of the Internal Revenue Code;	10797

(ii) Division (A)(1)(d)(i) of this section does not apply to	10798
the extent the income or gain is income or gain described in	10799
section 1245 or 1250 of the Internal Revenue Code.	10800

(e) Add taxes on or measured by net income allowed as a	10801
deduction in the computation of federal taxable income;	10802

(f) In the case of a real estate investment trust and	10803
regulated investment company, add all amounts with respect to	10804
dividends to, distributions to, or amounts set aside for or	10805
credited to the benefit of investors and allowed as a deduction in	10806
the computation of federal taxable income;	10807

(g) If the taxpayer is not a C corporation and is not an	10808
individual, the taxpayer shall compute adjusted federal taxable	10809
income as if the taxpayer were a C corporation, except:	10810

(i) Guaranteed payments and other similar amounts paid or	10811
accrued to a partner, former partner, member, or former member	10812
shall not be allowed as a deductible expense; and	10813

(ii) Amounts paid or accrued to a qualified self-employed	10814
retirement plan with respect to an owner or owner-employee of the	10815
taxpayer, amounts paid or accrued to or for health insurance for	10816
an owner or owner-employee, and amounts paid or accrued to or for	10817
life insurance for an owner or owner-employee shall not be allowed	10818
as a deduction.	10819

Nothing in division (A)(1) of this section shall be construed	10820
as allowing the taxpayer to add or deduct any amount more than	10821
once or shall be construed as allowing any taxpayer to deduct any	10822
amount paid to or accrued for purposes of federal self-employment	10823
tax.	10824

Nothing in this chapter shall be construed as limiting or	10825
removing the ability of any municipal corporation to administer,	10826
audit, and enforce the provisions of its municipal income tax.	10827

(2) "Internal Revenue Code" means the Internal Revenue Code	10828
of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended.	10829

~~(2)~~(3) "Schedule C" means internal revenue service schedule C	10830
filed by a taxpayer pursuant to the Internal Revenue Code.	10831

~~(3)~~(4) "Form 2106" means internal revenue service form 2106	10832
filed by a taxpayer pursuant to the Internal Revenue Code.	10833

~~(4)~~(5) "Intangible income" means income of any of the	10834
following types: income yield, interest, capital gains, dividends,	10835
or other income arising from the ownership, sale, exchange, or	10836
other disposition of intangible property including, but not	10837
limited to, investments, deposits, money, or credits as those	10838
terms are defined in Chapter 5701. of the Revised Code, and	10839
patents, copyrights, trademarks, tradenames, investments in real	10840
estate investment trusts, investments in regulated investment	10841
companies, and appreciation on deferred compensation. "Intangible	10842
income" does not include prizes, awards, or other income	10843
associated with any lottery winnings or other similar games of	10844
chance.	10845

~~(5)~~(6) "S corporation" means a corporation that has made an	10846
election under subchapter S of Chapter 1 of Subtitle A of the	10847
Internal Revenue Code for its taxable year.	10848

(7) For taxable years beginning on or after January 1, 2004,	10849
"net profit" for a taxpayer other than an individual means	10850
adjusted federal taxable income and "net profit" for a taxpayer	10851
who is an individual means the individual's profit, other than	10852
amounts described in division (F) of this section, required to be	10853
reported on schedule C, schedule E, or schedule F.	10854

(8) "Taxpayer" means a person subject to a tax on income	10855
levied by a municipal corporation. "Taxpayer" does not include any	10856
person that is a disregarded entity or a qualifying subchapter S	10857
subsidiary for federal income tax purposes, but "taxpayer"	10858
includes any other person who owns the disregarded entity or	10859
qualifying subchapter S subsidiary.	10860

(9) "Taxable year" means the corresponding tax reporting	10861
period as prescribed for the taxpayer under the Internal Revenue	10862
Code.	10863

(10) "Tax administrator" means the individual charged with	10864
direct responsibility for administration of a tax on income levied	10865
by a municipal corporation and includes:	10866

(a) The central collection agency and the regional income tax	10867
agency and their successors in interest, and other entities	10868
organized to perform functions similar to those performed by the	10869
central collection agency and the regional income tax agency;	10870

(b) A municipal corporation acting as the agent of another	10871
municipal corporation; and	10872

(c) Persons retained by a municipal corporation to administer	10873
a tax levied by the municipal corporation, but only if the	10874
municipal corporation does not compensate the person in whole or	10875
in part on a contingency basis.	10876

(11) "Person" includes individuals, firms, companies,	10877
business trusts, estates, trusts, partnerships, limited liability	10878
companies, associations, corporations, governmental entities, and	10879
any other entity.	10880

(12) "Schedule E" means internal revenue service schedule E	10881
filed by a taxpayer pursuant to the Internal Revenue Code.	10882

(13) "Schedule F" means internal revenue service schedule F	10883
filed by a taxpayer pursuant to the Internal Revenue Code.	10884

(B) No municipal corporation ~~with respect to that income that~~	10885
~~it may tax~~ shall tax ~~such~~ income at other than a uniform rate.	10886

(C) No municipal corporation shall levy a tax on income at a	10887
rate in excess of one per cent without having obtained the	10888
approval of the excess by a majority of the electors of the	10889
municipality voting on the question at a general, primary, or	10890
special election. The legislative authority of the municipal	10891
corporation shall file with the board of elections at least	10892
seventy-five days before the day of the election a copy of the	10893
ordinance together with a resolution specifying the date the	10894
election is to be held and directing the board of elections to	10895
conduct the election. The ballot shall be in the following form:	10896
"Shall the Ordinance providing for a ... per cent levy on income	10897
for (Brief description of the purpose of the proposed levy) be	10898
passed?	10899

FOR THE INCOME TAX

10900

AGAINST THE INCOME TAX"

10901

In the event of an affirmative vote, the proceeds of the levy	10902
may be used only for the specified purpose.	10903

(D)(1) Except as ~~otherwise~~ provided in division ~~(D)(2) or~~	10904
~~(F)(9)~~(E) or (F) of this section, no municipal corporation shall	10905
exempt from a tax on income, compensation for personal services of	10906
individuals over eighteen years of age or the net profit from a	10907
business or profession.	10908

(2) ~~The legislative authority of a municipal corporation may,~~	10909
~~by ordinance or resolution, exempt from a tax on income any~~	10910
~~compensation arising from the grant, sale, exchange, or other~~	10911
~~disposition of a stock option; the exercise of a stock option; or~~	10912
~~the sale, exchange, or other disposition of stock purchased under~~	10913
~~a stock option.~~(a) For taxable years beginning on or after	10914
January 1, 2004, no municipal corporation shall tax the net profit	10915
from a business or profession using any base other than the	10916
taxpayer's adjusted federal taxable income.	10917

(b) Division (D)(2)(a) of this section does not apply to any	10918
taxpayer required to file a return under section 5745.03 of the	10919
Revised Code or to the net profit from a sole proprietorship.	10920

(E) ~~Nothing in this section shall prevent a municipal~~	10921
~~corporation from permitting lawful deductions as prescribed by~~	10922
~~ordinance. If a taxpayer's~~The legislative authority of a	10923
municipal corporation may, by ordinance or resolution, exempt from	10924
withholding and from a tax on income the following:	10925

(1) Compensation arising from the sale, exchange, or other	10926
disposition of a stock option, the exercise of a stock option, or	10927
the sale, exchange, or other disposition of stock purchased under	10928
a stock option; or	10929

(2) Compensation attributable to a nonqualified deferred	10930
compensation plan or program described in section 3121(v)(2)(C) of	10931
the Internal Revenue Code.	10932

If an individual's taxable income includes income against	10933
which the taxpayer has taken a deduction for federal income tax	10934
purposes as reportable on the taxpayer's form 2106, and against	10935
which a like deduction has not been allowed by the municipal	10936
corporation, the municipal corporation shall deduct from the	10937
taxpayer's taxable income an amount equal to the deduction shown	10938
on such form allowable against such income, to the extent not	10939
otherwise so allowed as a deduction by the municipal corporation.	10940
In	10941

In the case of a taxpayer who has a net profit from a	10942
business or profession that is operated as a sole proprietorship,	10943
no municipal corporation may tax or use as the base for	10944
determining the amount of the net profit that shall be considered	10945
as having a taxable situs in the municipal corporation, ~~a greater~~	10946
~~amount than the net profit reported by the taxpayer on schedule C~~	10947
~~filed in reference to the year in question as taxable income from~~	10948
~~such sole proprietorship, except as otherwise specifically~~	10949
~~provided by ordinance or regulation~~an amount other than the net	10950
profit required to be reported by the taxpayer on schedule C or F	10951
from such sole proprietorship for the taxable year.	10952

In the case of a taxpayer who has a net profit from rental	10953
activity required to be reported on schedule E, no municipal	10954
corporation may tax or use as the base for determining the amount	10955
of the net profit that shall be considered as having a taxable	10956
situs in the municipal corporation, an amount other than the net	10957
profit from rental activities required to be reported by the	10958
taxpayer on schedule E for the taxable year.	10959

(F) A municipal corporation shall not tax any of the	10960
following:	10961

(1) The military pay or allowances of members of the armed	10962
forces of the United States and of members of their reserve	10963
components, including the Ohio national guard;	10964

(2) The income of religious, fraternal, charitable,	10965
scientific, literary, or educational institutions to the extent	10966
that such income is derived from tax-exempt real estate,	10967
tax-exempt tangible or intangible property, or tax-exempt	10968
activities;	10969

(3) Except as otherwise provided in division (G) of this	10970
section, intangible income;	10971

(4) Compensation paid under section 3501.28 or 3501.36 of the	10972
Revised Code to a person serving as a precinct election official,	10973
to the extent that such compensation does not exceed one thousand	10974
dollars annually. Such compensation in excess of one thousand	10975
dollars may be subjected to taxation by a municipal corporation. A	10976
municipal corporation shall not require the payer of such	10977
compensation to withhold any tax from that compensation.	10978

(5) Compensation paid to an employee of a transit authority,	10979
regional transit authority, or regional transit commission created	10980
under Chapter 306. of the Revised Code for operating a transit bus	10981
or other motor vehicle for the authority or commission in or	10982
through the municipal corporation, unless the bus or vehicle is	10983
operated on a regularly scheduled route, the operator is subject	10984
to such a tax by reason of residence or domicile in the municipal	10985
corporation, or the headquarters of the authority or commission is	10986
located within the municipal corporation;	10987

(6) The income of a public utility, when that public utility	10988
is subject to the tax levied under section 5727.24 or 5727.30 of	10989
the Revised Code, except ~~starting January 1, 2002, the income of~~	10990
~~an electric company or combined company, as defined in section~~	10991
~~5727.01 of the Revised Code, may be taxed by~~ a municipal	10992
corporation may tax the following, subject to Chapter 5745. of the	10993
Revised Code:	10994

(a) Beginning January 1, 2002, the income of an electric	10995
company or combined company;	10996

(b) Beginning January 1, 2004, the income of a telephone	10997
company.	10998

As used in division (F)(6) of this section, "combined	10999
company," "electric company," and "telephone company" have the	11000
same meanings as in section 5727.01 of the Revised Code.	11001

(7) On and after January 1, 2003, items excluded from federal	11002
gross income pursuant to section 107 of the Internal Revenue Code;	11003

(8) On and after January 1, 2001, compensation paid to a	11004
nonresident individual to the extent prohibited under section	11005
718.011 of the Revised Code;	11006

(9) Except as provided in division (H) of this section, an S	11007
corporation shareholder's distributive share of net profits of the	11008
S corporation, other than any part of the distributive share of	11009
net profits that represents wages as defined in section 3121(a) of	11010
the Internal Revenue Code or net earnings from self-employment as	11011
defined in section 1402(a) of the Internal Revenue Code, to the	11012
extent such distributive share would not be allocated or	11013
apportioned to this state under division (B)(1) and (2) of section	11014
5733.05 of the Revised Code if the S corporation were a	11015
corporation subject to the taxes imposed under Chapter 5733. of	11016
the Revised Code;	11017

(10) Employee compensation that is not "qualifying wages" as	11018
defined in section 718.03 of the Revised Code.	11019

(G) Any municipal corporation that taxes any type of	11020
intangible income on March 29, 1988, pursuant to Section 3 of	11021
Amended Substitute Senate Bill No. 238 of the 116th general	11022
assembly, may continue to tax that type of income after 1988 if a	11023
majority of the electors of the municipal corporation voting on	11024
the question of whether to permit the taxation of that type of	11025
intangible income after 1988 vote in favor thereof at an election	11026
held on November 8, 1988.	11027

(H) Any municipal corporation that, on December 6, 2002,	11028
taxes an S corporation shareholder's distributive share of net	11029
profits of the S corporation to any greater extent than that	11030
permitted under division (F)(9) of this section may continue after	11031
2002 to tax such distributive shares to such greater extent only	11032
if a majority of the electors of the municipal corporation voting	11033
on the question of such continuation vote in favor thereof at an	11034
election held on November 4, 2003. ~~If a majority of electors vote~~	11035
~~in favor of that question, then, for purposes of section 718.14 of~~	11036
~~the Revised Code, "pass-through entity" includes S corporations,~~	11037
~~"income from a pass-through entity" includes distributive shares~~	11038
~~from an S corporation, and "owner" includes a shareholder of an S~~	11039
~~corporation, notwithstanding that section to the contrary.~~	11040

(I) Nothing in this section or section 718.02 of the Revised	11041
Code shall authorize the levy of any tax on income that a	11042
municipal corporation is not authorized to levy under existing	11043
laws or shall require a municipal corporation to allow a deduction	11044
from taxable income for losses incurred from a sole proprietorship	11045
or partnership.	11046

(J)(1) Nothing in this chapter prohibits a municipal	11047
corporation from allowing, by resolution or ordinance, a net	11048
operating loss carryforward.	11049

(2) Nothing in this chapter requires a municipal corporation	11050
to allow a net operating loss carryforward.	11051

Sec. 718.02. This section does not apply to ~~electric~~	11052
~~companies or combined companies, or to electric light companies~~	11053
~~for which an election made under section 5745.031~~taxpayers that	11054
are subject to and required to file reports under Chapter 5745. of	11055
the Revised Code ~~is in effect~~.	11056

(A) ~~In the taxation of income that is subject to municipal~~	11057
~~income taxes, if the books and records of a taxpayer conducting a~~	11058
~~business or profession both within and without the boundaries of a~~	11059
~~municipal corporation disclose with reasonable accuracy what~~	11060
~~portion of its net profit is attributable to that part of the~~	11061
~~business or profession conducted within the boundaries of the~~	11062
~~municipal corporation, then only such portion shall be considered~~	11063
~~as having a taxable situs in such municipal corporation for~~	11064
~~purposes of municipal income taxation. In the absence of such~~	11065
~~records~~Except as otherwise provided in division (D) of this	11066
section, net profit from a business or profession conducted both	11067
within and without the boundaries of a municipal corporation shall	11068
be considered as having a taxable situs in such municipal	11069
corporation for purposes of municipal income taxation in the same	11070
proportion as the average ratio of the following:	11071

(1) The average ~~net book value~~original cost of the real and	11072
tangible personal property owned or used by the taxpayer in the	11073
business or profession in such municipal corporation during the	11074
taxable period to the average ~~net book value~~original cost of all	11075
of the real and tangible personal property owned or used by the	11076
taxpayer in the business or profession during the same period,	11077
wherever situated.	11078

As used in the preceding paragraph, real property shall	11079
include property rented or leased by the taxpayer and the value of	11080
such property shall be determined by multiplying the annual rental	11081
thereon by eight;	11082

(2) Wages, salaries, and other compensation paid during the	11083
taxable period to persons employed in the business or profession	11084
for services performed in such municipal corporation to wages,	11085
salaries, and other compensation paid during the same period to	11086
persons employed in the business or profession, wherever their	11087
services are performed, excluding compensation that is not taxable	11088
by the municipal corporation under section 718.011 of the Revised	11089
Code;	11090

(3) Gross receipts of the business or profession from sales	11091
made and services performed during the taxable period in such	11092
municipal corporation to gross receipts of the business or	11093
profession during the same period from sales and services,	11094
wherever made or performed.	11095

If the foregoing ~~allocation~~apportionment formula does not	11096
produce an equitable result, another basis may be substituted,	11097
under uniform regulations, so as to produce an equitable result.	11098

(B) As used in division (A) of this section, "sales made in a	11099
municipal corporation" mean:	11100

(1) All sales of tangible personal property delivered within	11101
such municipal corporation regardless of where title passes if	11102
shipped or delivered from a stock of goods within such municipal	11103
corporation;	11104

(2) All sales of tangible personal property delivered within	11105
such municipal corporation regardless of where title passes even	11106
though transported from a point outside such municipal corporation	11107
if the taxpayer is regularly engaged through its own employees in	11108
the solicitation or promotion of sales within such municipal	11109
corporation and the sales result from such solicitation or	11110
promotion;	11111

(3) All sales of tangible personal property shipped from a	11112
place within such municipal corporation to purchasers outside such	11113
municipal corporation regardless of where title passes if the	11114
taxpayer is not, through its own employees, regularly engaged in	11115
the solicitation or promotion of sales at the place where delivery	11116
is made.	11117

(C) Except as otherwise provided in division (D) of this	11118
section, net profit from rental activity not constituting a	11119
business or profession shall be subject to tax only by the	11120
municipal corporation in which the property generating the net	11121
profit is located.	11122

(D) This section does not apply to individuals who are	11123
residents of the municipal corporation and, except as otherwise	11124
provided in section 718.01 of the Revised Code, a municipal	11125
corporation may impose a tax on all income earned by residents of	11126
the municipal corporation to the extent allowed by the United	11127
States Constitution.	11128

Sec. 718.021. (A) As used in this section:

11129

(1) "Nonqualified deferred compensation plan" means a	11130
compensation plan described in section 3121(v)(2)(C) of the	11131
Internal Revenue Code.	11132

(2)(a) Except as provided in division (A)(2)(b) of this	11133
section, "qualifying loss" means the excess, if any, of the total	11134
amount of compensation the payment of which is deferred pursuant	11135
to a nonqualified deferred compensation plan over the total amount	11136
of income the taxpayer has recognized for federal income tax	11137
purposes for all taxable years on a cumulative basis as	11138
compensation with respect to the taxpayer's receipt of money and	11139
property attributable to distributions in connection with the	11140
nonqualified deferred compensation plan.	11141

(b) If, for one or more taxable years, the taxpayer has not	11142
paid to one or more municipal corporations income tax imposed on	11143
the entire amount of compensation the payment of which is deferred	11144
pursuant to a nonqualified deferred compensation plan, then the	11145
"qualifying loss" is the product of the amount resulting from the	11146
calculation described in division (A)(2)(a) of this section	11147
computed without regard to division (A)(2)(b) of this section and	11148
a fraction the numerator of which is the portion of such	11149
compensation on which the taxpayer has paid income tax to one or	11150
more municipal corporations and the denominator of which is the	11151
total amount of compensation the payment of which is deferred	11152
pursuant to a nonqualified deferred compensation plan.	11153

(c) With respect to a nonqualified deferred compensation	11154
plan, the taxpayer sustains a qualifying loss only in the taxable	11155
year in which the taxpayer receives the final distribution of	11156
money and property pursuant to that nonqualified deferred	11157
compensation plan.	11158

(3) "Qualifying tax rate" means the applicable tax rate for	11159
the taxable year for the which the taxpayer paid income tax to a	11160
municipal corporation with respect to any portion of the total	11161
amount of compensation the payment of which is deferred pursuant	11162
to a nonqualified deferred compensation plan. If different tax	11163
rates applied for different taxable years, then the "qualifying	11164
tax rate" is a weighted average of those different tax rates. The	11165
weighted average shall be based upon the tax paid to the municipal	11166
corporation each year with respect to the nonqualified deferred	11167
compensation plan.	11168

(B)(1) Except as provided in division (D) of this section, a	11169
refundable credit shall be allowed against the income tax imposed	11170
by a municipal corporation for each qualifying loss sustained by a	11171
taxpayer during the taxable year. The amount of the credit shall	11172
be equal to the product of the qualifying loss and the qualifying	11173
tax rate.	11174

(2) A taxpayer shall claim the credit allowed under this	11175
section from each municipal corporation to which the taxpayer paid	11176
municipal income tax with respect to the nonqualified deferred	11177
compensation plan in one or more taxable years.	11178

(3) If a taxpayer has paid tax to more than one municipal	11179
corporation with respect to the nonqualified deferred compensation	11180
plan, the amount of the credit that a taxpayer may claim from each	11181
municipal corporation shall be calculated on the basis of each	11182
municipal corporation's proportionate share of the total municipal	11183
corporation income tax paid by the taxpayer to all municipal	11184
corporations with respect to the nonqualified deferred	11185
compensation plan.	11186

(4) In no case shall the amount of the credit allowed under	11187
this section exceed the cumulative income tax that a taxpayer has	11188
paid to a municipal corporation for all taxable years with respect	11189
to the nonqualified deferred compensation plan.	11190

(C)(1) For purposes of this section, municipal corporation	11191
income tax that has been withheld with respect to a nonqualified	11192
deferred compensation plan shall be considered to have been paid	11193
by the taxpayer with respect to the nonqualified deferred	11194
compensation plan.	11195

(2) Any municipal income tax that has been refunded or	11196
otherwise credited for the benefit of the taxpayer with respect to	11197
a nonqualified deferred compensation plan shall not be considered	11198
to have been paid to the municipal corporation by the taxpayer.	11199

(D) The credit allowed under this section is allowed only to	11200
the extent the taxpayer's qualifying loss is attributable to:	11201

(1) The insolvency or bankruptcy of the employer who had	11202
established the nonqualified deferred compensation plan; or	11203

(2) The employee's failure or inability to satisfy all of the	11204
employer's terms and conditions necessary to receive the	11205
nonqualified deferred compensation.	11206

Sec. 718.03. (A) As used in this section:

11207

(1) "Other payer" means any person, other than an	11208
individual's employer or the employer's agent, that pays an	11209
individual any amount included in the federal gross income of the	11210
individual.	11211

(2) "Qualifying wages" means wages, as defined in section	11212
3121(a) of the Internal Revenue Code, without regard to any wage	11213
limitations, adjusted as follows:	11214

(a) Deduct any amount included in wages if the amount	11215
constitutes compensation attributable to a plan or program	11216
described in section 125 of the Internal Revenue Code.	11217

(b) Add the following amounts:

11218

(i) Any amount not included in wages solely because the	11219
employee was employed by the employer prior to April 1, 1986;	11220

(ii) Any amount not included in wages because the amount	11221
arises from the sale, exchange, or other disposition of a stock	11222
option, the exercise of a stock option, or the sale, exchange, or	11223
other disposition of stock purchased under a stock option and the	11224
municipal corporation has not, by resolution or ordinance,	11225
exempted the amount from withholding and tax. Division	11226
(A)(2)(b)(ii) of this section applies only to those amounts	11227
constituting ordinary income.	11228

(iii) Any amount not included in wages if the amount is an	11229
amount described in section 401(k) or 457 of the Internal Revenue	11230
Code. Division (A)(2)(b)(iii) of this section applies only to	11231
employee contributions and employee deferrals.	11232

(iv) Any amount that is supplemental unemployment	11233
compensation benefits described in section 3402(o)(2) of the	11234
Internal Revenue Code and not included in wages.	11235

(c) Deduct any amount attributable to a nonqualified deferred	11236
compensation plan or program described in section 3121(v)(2)(C) of	11237
the Internal Revenue Code if the compensation is included in wages	11238
and has, by resolution or ordinance, been exempted from taxation	11239
by the municipal corporation.	11240

(d) Deduct any amount included in wages if the amount arises	11241
from the sale, exchange, or other disposition of a stock option,	11242
the exercise of a stock option, or the sale, exchange, or other	11243
disposition of stock purchased under a stock option and the	11244
municipal corporation has, by resolution or ordinance, exempted	11245
the amount from withholding and tax.	11246

(B) For taxable years beginning after 2003, no municipal	11247
corporation shall require any employer or any agent of any	11248
employer or any other payer, to withhold tax with respect to any	11249
amount other than qualifying wages. Nothing in this section	11250
prohibits an employer from withholding tax on a basis greater than	11251
qualifying wages.	11252

(C) An employer is not required to make any withholding with	11253
respect to an individual's disqualifying disposition of an	11254
incentive stock option if, at the time of the disqualifying	11255
disposition, the individual is not an employee of the corporation	11256
with respect to whose stock the option has been issued.	11257

(D)(1) An employee is not relieved from liability for a tax	11258
by the failure of the employer to withhold the tax as required by	11259
a municipal corporation or by the employer's exemption from the	11260
requirement to withhold the tax.	11261

(2) The failure of an employer to remit to the municipal	11262
corporation the tax withheld relieves the employee from liability	11263
for that tax unless the employee colluded with the employer in	11264
connection with the failure to remit the tax withheld.	11265

(E) Compensation deferred before the effective date of this	11266
amendment is not subject to any municipal corporation income tax	11267
or municipal income tax withholding requirement to the extent the	11268
deferred compensation does not constitute qualifying wages at the	11269
time the deferred compensation is paid or distributed.	11270

Sec. 718.05. (A) As used in this section:

11271

(1) "Generic form" means an electronic or paper form designed	11272
for reporting estimated municipal income taxes and annual	11273
municipal income tax liability or for filing a refund claim that	11274
is not prescribed by a particular municipal corporation for the	11275
reporting of that municipal corporation's tax on income.	11276

(2) "Return preparer" means any person other than a taxpayer	11277
that is authorized by a taxpayer to complete or file an income tax	11278
return, report, or other document for or on behalf of the	11279
taxpayer.	11280

(B) A municipal corporation shall not require a taxpayer to	11281
file an annual income tax return or report prior to the filing	11282
date for the corresponding tax reporting period as prescribed for	11283
such a taxpayer under the Internal Revenue Code. For taxable years	11284
beginning after 2003, except as otherwise provided in section	11285
718.051 of the Revised Code and division (D) of this section, a	11286
municipal corporation shall not require a taxpayer to file an	11287
annual income tax return or report on any date other than the	11288
fifteenth day of the fourth month following the end of the	11289
taxpayer's taxable year.	11290

(C) On and after January 1, 2001, any municipal corporation	11291
that requires taxpayers to file income tax returns, reports, or	11292
other documents shall accept for filing a generic form of such a	11293
return, report, or document if the generic form, once completed	11294
and filed, contains all of the information required to be	11295
submitted with the municipal corporation's prescribed returns,	11296
reports, or documents, and if the taxpayer or return preparer	11297
filing the generic form otherwise complies with rules or	11298
ordinances of the municipal corporation governing the filing of	11299
returns, reports, or documents.	11300

(D) ~~Beginning~~Except as otherwise provided in section 718.051	11301
of the Revised Code, beginning January 1, 2001, any taxpayer that	11302
has requested an extension for filing a federal income tax return	11303
may request an extension for the filing of a municipal income tax	11304
return. The taxpayer shall make the request by filing a copy of	11305
the taxpayer's request for a federal filing extension with the	11306
individual or office charged with the administration of the	11307
municipal income tax. The request for extension shall be filed not	11308
later than the last day for filing the municipal income tax return	11309
as prescribed by ordinance or rule of the municipal corporation. A	11310
municipal corporation shall grant such a request for extension	11311
filed before January 1, 2004, for a period not less than the	11312
period of the federal extension request. For taxable years	11313
beginning after 2003, the extended due date of the municipal	11314
income tax return shall be the last day of the month following the	11315
month to which the due date of the federal income tax return has	11316
been extended. A municipal corporation may deny a taxpayer's	11317
request for extension only if the taxpayer fails to timely file	11318
the request, fails to file a copy of the request for the federal	11319
extension, owes the municipal corporation any delinquent income	11320
tax or any penalty, interest, assessment, or other charge for the	11321
late payment or nonpayment of income tax, or has failed to file	11322
any required income tax return, report, or other related document	11323
for a prior tax period. The granting of an extension for filing a	11324
municipal corporation income tax return does not extend the last	11325
date for paying the tax without penalty unless the municipal	11326
corporation grants an extension of that date.	11327

Sec. 718.051. (A) As used in this section, "Ohio business	11328
gateway" means the online computer network system, initially	11329
created by the department of administrative services under section	11330
125.30 of the Revised Code, that allows private businesses to	11331
electronically file business reply forms with state agencies and	11332
includes any successor electronic filing and payment system.	11333

(B) Notwithstanding section 718.05 of the Revised Code, on	11334
and after January 1, 2005, any taxpayer that is subject to any	11335
municipal corporation's tax on the net profit from a business or	11336
profession and has received an extension to file the federal	11337
income tax return shall not be required to notify the municipal	11338
corporation of the federal extension and shall not be required to	11339
file any municipal income tax return until the last day of the	11340
month to which the due date for filing the federal return has been	11341
extended, provided that, on or before the date for filing the	11342
municipal income tax return, the person notifies the tax	11343
commissioner of the federal extension through the Ohio business	11344
gateway. An extension of time to file is not an extension of the	11345
time to pay any tax due.	11346

(C) For taxable years beginning on or after January 1, 2005,	11347
a taxpayer subject to any municipal corporation's tax on the net	11348
profit from a business or profession may file any municipal income	11349
tax return or estimated municipal income return, and may make	11350
payment of amounts shown to be due on such returns, by using the	11351
Ohio business gateway.	11352

(D)(1) As used in this division, "qualifying wages" has the	11353
same meaning as in section 718.03 of the Revised Code.	11354

(2) Any employer may report the amount of municipal income	11355
tax withheld from qualifying wages paid on or after January 1,	11356
2007, and may make remittance of such amounts, by using the Ohio	11357
business gateway.	11358

(E) Nothing in this section affects the due dates for filing	11359
employer withholding tax returns.	11360

(F) No municipal corporation shall be required to pay any fee	11361
or charge for the operation or maintenance of the Ohio business	11362
gateway.	11363

(G) The use of the Ohio business gateway by municipal	11364
corporations, taxpayers, or other persons pursuant to this section	11365
does not affect the legal rights of municipalities or taxpayers as	11366
otherwise permitted by law. This state shall not be a party to the	11367
administration of municipal income taxes or to an appeal of a	11368
municipal income tax matter, except as otherwise specifically	11369
provided by law.	11370

(H)(1) The tax commissioner shall adopt rules establishing:

11371

(a) The format of documents to be used by taxpayers to file	11372
returns and make payments through the Ohio business gateway; and	11373

(b) The information taxpayers must submit when filing	11374
municipal income tax returns through the Ohio business gateway.	11375

(2) The commissioner shall consult with the Ohio business	11376
gateway steering committee before adopting the rules described in	11377
division (H)(1) of this section.	11378

(I) Nothing in this section shall be construed as limiting or	11379
removing the ability of any municipal corporation to administer,	11380
audit, and enforce the provisions of its municipal income tax.	11381

Sec. 718.11. ~~As used in this section, "tax administrator"~~	11382
~~means the individual charged with direct responsibility for~~	11383
~~administration of a tax levied by a municipal corporation on~~	11384
~~income.~~	11385

~~Not later than one hundred eighty days after the effective~~	11386
~~date of this section, the~~The legislative authority of each	11387
municipal corporation that imposes a tax on income ~~on that~~	11388
~~effective date~~ shall ~~establish by ordinance~~maintain a board to	11389
hear appeals as provided in this section. The legislative	11390
authority of any municipal corporation that does not impose a tax	11391
on income on the effective date of this ~~section~~amendment, but	11392
that imposes such a tax after that date, shall establish such a	11393
board by ordinance not later than one hundred eighty days after	11394
the tax takes effect.	11395

Whenever a tax administrator issues a decision regarding a	11396
municipal income tax obligation that is subject to appeal as	11397
provided in this section or in an ordinance or regulation of the	11398
municipal corporation, the tax administrator shall notify the	11399
taxpayer in writing at the same time of the taxpayer's right to	11400
appeal the decision and of the manner in which the taxpayer may	11401
appeal the decision.	11402

Any person who is aggrieved by a decision by the tax	11403
administrator and who has filed with the municipal corporation the	11404
required returns or other documents pertaining to the municipal	11405
income tax obligation at issue in the decision may appeal the	11406
decision to the board created pursuant to this section by filing a	11407
request with the board. The request shall be in writing, shall	11408
state why the decision should be deemed incorrect or unlawful, and	11409
shall be filed within thirty days after the tax administrator	11410
issues the decision complained of.	11411

The board shall schedule a hearing within forty-five days	11412
after receiving the request, unless the taxpayer waives a hearing.	11413
If the taxpayer does not waive the hearing, the taxpayer may	11414
appear before the board and may be represented by an attorney at	11415
law, certified public accountant, or other representative.	11416

The board may affirm, reverse, or modify the tax	11417
administrator's decision or any part of that decision. The board	11418
shall issue a final decision on the appeal within ninety days	11419
after the board's final hearing on the appeal, and send ~~notice~~a	11420
copy of its final decision by ordinary mail to ~~the petitioner~~all	11421
of the parties to the appeal within fifteen days after issuing the	11422
decision. The taxpayer or the tax administrator may appeal the	11423
board's decision as provided in section 5717.011 of the Revised	11424
Code.	11425

Each board of appeal created pursuant to this section shall	11426
adopt rules governing its procedures and shall keep a record of	11427
its transactions. Such records are not public records available	11428
for inspection under section 149.43 of the Revised Code. Hearings	11429
requested by a taxpayer before a board of appeal created pursuant	11430
to this section are not meetings of a public body subject to	11431
section 121.22 of the Revised Code.	11432

Sec. 718.121. (A) Except as provided in division (B) of this	11433
section, if tax or withholding is paid to a municipal corporation	11434
on income or wages, and if a second municipal corporation imposes	11435
a tax on that income or wages after the time period allowed for a	11436
refund of the tax or withholding paid to the first municipal	11437
corporation, the second municipal corporation shall allow a	11438
nonrefundable credit, against the tax or withholding the second	11439
municipality claims is due with respect to such income or wages,	11440
equal to the tax or withholding paid to the first municipal	11441
corporation with respect to such income or wages.	11442

(B) If the tax rate in the second municipal corporation is	11443
less than the tax rate in the first municipal corporation, then	11444
the credit described in division (A) of this section shall be	11445
calculated using the tax rate in effect in the second municipal	11446
corporation.	11447

11448

Sec. 718.14. (A) As used in this section:

11449

(1) "Limited liability company" means a limited liability	11450
company formed under Chapter 1705. of the Revised Code or under	11451
the laws of another state.	11452

(2) "Pass-through entity" means a partnership, limited	11453
liability company, S corporation, or any other class of entity the	11454
income or profits from which are given pass-through treatment	11455
under the Internal Revenue Code~~, excluding an S corporation~~.	11456

(3) "Income from a pass-through entity" means partnership	11457
income of partners, membership interests of members of a limited	11458
liability company, distributive shares of shareholders of an S	11459
corporation, or other distributive or proportionate ownership	11460
shares of income from other pass-through entities.	11461

(4) "Owner" means a partner of a partnership, a member of a	11462
limited liability company, a shareholder of an S corporation, or	11463
other person with an ownership interest in a pass-through entity.	11464

(5) "Owner's proportionate share," with respect to each owner	11465
of a pass-through entity, means the ratio of (a) the owner's	11466
income from the pass-through entity that is subject to taxation by	11467
the municipal corporation, to (b) the total income from that	11468
entity of all owners whose income from the entity is subject to	11469
taxation by that municipal corporation.	11470

(B) On and after January 1, 2003, any municipal corporation	11471
imposing a tax that applies to income from a pass-through entity	11472
shall grant a credit to each owner who is domiciled in the	11473
municipal corporation for taxes paid to another municipal	11474
corporation by a pass-through entity that does not conduct	11475
business in the municipal corporation. The amount of the credit	11476
shall equal the lesser of the following amounts, subject to	11477
division (C) of this section:	11478

(1) The owner's proportionate share of the amount, if any, of	11479
tax paid by the pass-through entity to another municipal	11480
corporation in this state;	11481

(2) The owner's proportionate share of the amount of tax that	11482
would be imposed on the pass-through entity by the municipal	11483
corporation in which the taxpayer is domiciled if the pass-through	11484
entity conducted business in the municipal corporation.	11485

(C) If a municipal corporation grants a credit for a	11486
percentage, less than one hundred per cent, of the amount of	11487
income taxes paid on compensation by an individual who resides or	11488
is domiciled in the municipal corporation to another municipal	11489
corporation, the amount of credit otherwise required by division	11490
(B) of this section shall be multiplied by that percentage.	11491

(D) On and after January 1, 2003, any municipal corporation	11492
that imposes a tax on income of or from a pass-through entity	11493
shall specify by ordinance or rule whether the tax applies to	11494
income of the pass-through entity in the hands of the entity or to	11495
income from the pass-through entity in the hands of the owners of	11496
the entity. A municipal corporation may specify a different	11497
ordinance or rule under this division for each of the classes of	11498
pass-through entity enumerated in division (A)(2) of this section.	11499

Sec. 718.15. A municipal corporation, by ordinance, may	11500
grant a refundable or nonrefundable credit against its tax on	11501
income to a taxpayer that also receives a tax credit under section	11502
122.17 of the Revised Code. If a credit is granted under this	11503
section, it shall be measured as a percentage of the new income	11504
tax revenue the municipal corporation derives from new employees	11505
of the taxpayer and shall be for a term not exceeding ~~ten~~fifteen	11506
years. Before the municipal corporation passes an ordinance	11507
granting a credit, the municipal corporation and the taxpayer	11508
shall enter into an agreement specifying all the conditions of the	11509
credit.	11510

Sec. 718.151. A municipal corporation, by ordinance, may	11511
grant a nonrefundable credit against its tax on income to a	11512
taxpayer that also receives a tax credit under section 122.171 of	11513
the Revised Code. If a credit is granted under this section, it	11514
shall be measured as a percentage of the income tax revenue the	11515
municipal corporation derives from the retained employees of the	11516
taxpayer, and shall be for a term not exceeding ~~ten~~fifteen years.	11517
Before a municipal corporation passes an ordinance allowing such a	11518
credit, the municipal corporation and the taxpayer shall enter	11519
into an agreement specifying all the conditions of the credit.	11520

Sec. 731.14. All contracts made by the legislative authority	11521
of a village shall be executed in the name of the village and	11522
signed on its behalf by the mayor and clerk. Except where the	11523
contract is for equipment, services, materials, or supplies to be	11524
purchased under division (D) of section 713.23 or section 125.04	11525
or 5513.01 of the Revised Code or available from a qualified	11526
nonprofit agency pursuant to sections 4115.31 to 4115.35 of the	11527
Revised Code, when any expenditure, other than the compensation of	11528
persons employed ~~therein~~in the village, exceeds ~~fifteen~~	11529
twenty-five thousand dollars, such contracts shall be in writing	11530
and made with the lowest and best bidder after advertising for not	11531
less than two nor more than four consecutive weeks in a newspaper	11532
of general circulation within the village. The bids shall be	11533
opened and shall be publicly read by the clerk of ~~such~~the village	11534
or a person designated by the clerk at the time, date, and place	11535
specified in the advertisement to bidders or specifications. The	11536
time, date, and place of bid openings may be extended to a later	11537
date by the legislative authority of the village, provided that	11538
written or oral notice of the change shall be given to all persons	11539
who have received or requested specifications no later than	11540
ninety-six hours prior to the original time and date fixed for the	11541
opening. This section does not apply to those villages that have	11542
provided for the appointment of a village administrator under	11543
section 735.271 of the Revised Code.	11544

Sec. 731.141. In those villages that have established the	11545
position of village administrator, as provided by section 735.271	11546
of the Revised Code, the village administrator shall make	11547
contracts, purchase supplies and materials, and provide labor for	11548
any work under the administrator's supervision involving not more	11549
than ~~fifteen~~twenty-five thousand dollars. When an expenditure,	11550
other than the compensation of persons employed by the village,	11551
exceeds ~~fifteen~~twenty-five thousand dollars, ~~such~~the expenditure	11552
shall first be authorized and directed by ordinance of the	11553
legislative authority of the village. When so authorized and	11554
directed, except where the contract is for equipment, services,	11555
materials, or supplies to be purchased under division (D) of	11556
section 713.23 or section 125.04 or 5513.01 of the Revised Code or	11557
available from a qualified nonprofit agency pursuant to sections	11558
4115.31 to 4115.35 of the Revised Code, the village administrator	11559
shall make a written contract with the lowest and best bidder	11560
after advertisement for not less than two nor more than four	11561
consecutive weeks in a newspaper of general circulation within the	11562
village. The bids shall be opened and shall be publicly read by	11563
the village administrator or a person designated by the village	11564
administrator at the time, date, and place as specified in the	11565
advertisement to bidders or specifications. The time, date, and	11566
place of bid openings may be extended to a later date by the	11567
village administrator, provided that written or oral notice of the	11568
change shall be given to all persons who have received or	11569
requested specifications no later than ninety-six hours prior to	11570
the original time and date fixed for the opening. All contracts	11571
shall be executed in the name of the village and signed on its	11572
behalf by the village administrator and the clerk.	11573

The legislative authority of a village may provide, by	11574
ordinance, for central purchasing for all offices, departments,	11575
divisions, boards, and commissions of the village, under the	11576
direction of the village administrator, who shall make contracts,	11577
purchase supplies or materials, and provide labor for any work of	11578
the village in the manner provided by this section.	11579

Sec. 735.05. The director of public service may make any	11580
contract, purchase supplies or material, or provide labor for any	11581
work under the supervision of the department of public service	11582
involving not more than ~~fifteen~~twenty-five thousand dollars. When	11583
an expenditure within the department, other than the compensation	11584
of persons employed ~~therein~~in the department, exceeds ~~fifteen~~	11585
twenty-five thousand dollars, ~~such~~the expenditure shall first be	11586
authorized and directed by ordinance of the city legislative	11587
authority. When so authorized and directed, except where the	11588
contract is for equipment, services, materials, or supplies to be	11589
purchased under division (D) of section 713.23 or section 125.04	11590
or 5513.01 of the Revised Code or available from a qualified	11591
nonprofit agency pursuant to sections 4115.31 to 4115.35 of the	11592
Revised Code, the director shall make a written contract with the	11593
lowest and best bidder after advertisement for not less than two	11594
nor more than four consecutive weeks in a newspaper of general	11595
circulation within the city.	11596

Sec. 737.03. The director of public safety shall manage, and	11597
make all contracts with reference to ~~the~~ police stations, fire	11598
houses, reform schools, infirmaries, hospitals, workhouses, farms,	11599
pesthouses, and all other charitable and reformatory institutions.	11600
In the control and supervision of those institutions, the director	11601
shall be governed by the provisions of Title VII of the Revised	11602
Code relating to those institutions.	11603

The director may make all contracts and expenditures of money	11604
for acquiring lands for the erection or repairing of station	11605
houses, police stations, fire department buildings, fire cisterns,	11606
and plugs, that are required, for the purchase of engines,	11607
apparatus, and all other supplies necessary for the police and	11608
fire departments, and for other undertakings and departments under	11609
the director's supervision, but no obligation involving an	11610
expenditure of more than ~~fifteen~~twenty-five thousand dollars	11611
shall be created unless first authorized and directed by	11612
ordinance. In making, altering, or modifying those contracts, the	11613
director shall be governed by sections 735.05 to 735.09 of the	11614
Revised Code, except that all bids shall be filed with and opened	11615
by the director. The director shall make no sale or disposition of	11616
any property belonging to the city without first being authorized	11617
by resolution or ordinance of the city legislative authority.	11618

Sec. 753.22. (A) The director of public safety or the joint	11619
board established pursuant to section 753.15 of the Revised Code	11620
may establish a commissary for the workhouse. The commissary may	11621
be established either in-house or by another arrangement. If a	11622
commissary is established, all persons incarcerated in the	11623
workhouse shall receive commissary privileges. A person's	11624
purchases from the commissary shall be deducted from the person's	11625
account record in the workhouse's business office. The commissary	11626
shall provide for the distribution to indigent persons	11627
incarcerated in the workhouse necessary hygiene articles and	11628
writing materials.	11629

(B) If a commissary is established, the director of public	11630
safety or the joint board established pursuant to section 753.15	11631
of the Revised Code shall establish a commissary fund for the	11632
workhouse. The management of funds in the commissary fund shall be	11633
strictly controlled in accordance with procedures adopted by the	11634
auditor of state. Commissary fund revenue over and above operating	11635
costs and reserve shall be considered profits. All profits from	11636
the commissary fund shall be used to purchase supplies and	11637
equipment for the benefit of persons incarcerated in the workhouse	11638
and to pay salary and benefits for employees of the workhouse, or	11639
for any other persons, who work in or are employed for the sole	11640
purpose of providing service to the commissary. The director of	11641
public safety or the joint board established pursuant to section	11642
753.15 of the Revised Code shall adopt rules and regulations for	11643
the operation of any commissary fund the director or the joint	11644
board establishes.	11645

Sec. 901.17. ~~(A)~~ The division of markets ~~shall~~may do all of	11646
the following:	11647

~~(1)~~(A) Investigate the cost of production and marketing in	11648
all its phases;	11649

~~(2)~~(B) Gather and disseminate information concerning supply,	11650
demand, prevailing prices, and commercial movements, including	11651
common and cold storage of food products, and maintain market news	11652
service for disseminating such information;	11653

~~(3)~~(C) Promote, assist, and encourage the organization and	11654
operation of cooperative and other associations and organizations	11655
for improving the relations and services among producers,	11656
distributors, and consumers of food products;	11657

~~(4)~~(D) Investigate the practice, methods, and any specific	11658
transaction of commission merchants and others who receive,	11659
solicit, buy, or handle on commission or otherwise, food products;	11660

~~(5)~~(E) Act as mediator or arbitrator, when invited, in any	11661
controversy or issue that arises between producers and	11662
distributors and that affects the interest of the consumer;	11663

~~(6)~~(F) Act on behalf of the consumers in conserving and	11664
protecting their interests in every practicable way against	11665
excessive prices;	11666

~~(7)~~(G) Act as market adviser for producers and distributors,	11667
assisting them in economical and efficient distribution of good	11668
products at fair prices;	11669

~~(8)~~(H) Encourage the establishment of retail municipal	11670
markets and develop direct dealing between producers and	11671
consumers;	11672

~~(9)~~(I) Encourage the consumption of Ohio-grown products	11673
within the state, nationally, and internationally~~, and inspect and~~	11674
~~determine the grade and condition of farm produce, both at~~	11675
~~collecting and receiving centers within the state~~;	11676

~~(10)~~(J) Take such means and use such powers, relative to	11677
shipment, transportation, and storage of foodstuffs of any kind,	11678
as are necessary, advisable, or desirable in case of an emergency	11679
creating or threatening to create a scarcity of food within the	11680
state;	11681

(K) Participate in trade missions between states and foreign	11682
countries in order to encourage the sale and promotion of	11683
Ohio-grown products.	11684

~~(B)(1) The director of agriculture shall adopt and may amend~~	11685
~~schedules of fees to be charged for inspecting farm produce at~~	11686
~~collecting and receiving centers or such other services as may be~~	11687
~~rendered under this section. All such fees shall be made with a~~	11688
~~view to the minimum cost and to make this branch of the department~~	11689
~~of agriculture self-sustaining.~~	11690

~~The fees shall be deposited in the state treasury and~~	11691
~~credited to the inspection fund, which is hereby created, for use~~	11692
~~in carrying out the purposes of this section. All investment~~	11693
~~earnings of the inspection fund shall be credited to the fund. If,~~	11694
~~in any year, the balance in the inspection fund is not sufficient~~	11695
~~to meet the expenses incurred pursuant to this section, the~~	11696
~~deficit shall be paid from funds appropriated for the use of the~~	11697
~~department.~~	11698

~~(2) The director may adopt a schedule of fees to be charged~~	11699
~~for inspecting any agricultural product for the purposes of the~~	11700
~~issuance of an export certificate, as may be required by the~~	11701
~~United States department of agriculture or foreign purchasers.~~	11702
~~Such fees shall be credited to the general revenue fund.~~	11703

Sec. 901.21. (A) As used in this section and section 901.22	11704
of the Revised Code:	11705

(1) "Agricultural easement" has the same meaning as in	11706
section 5301.67 of the Revised Code.	11707

(2) "Agriculture" means those activities occurring on land	11708
devoted exclusively to agricultural use, as defined in section	11709
5713.30 of the Revised Code, or on land that constitutes a	11710
homestead.	11711

(3) "Homestead" means the portion of a farm on which is	11712
located a dwelling house, yard, or outbuildings such as a barn or	11713
garage.	11714

(B) The director of agriculture may acquire real property	11715
used predominantly in agriculture and agricultural easements by	11716
gift, devise, or bequest if, at the time an easement is granted,	11717
such an easement is on land that is valued for purposes of real	11718
property taxation at its current value for agricultural use under	11719
section 5713.31 of the Revised Code or that constitutes a	11720
homestead. Any terms may be included in an agricultural easement	11721
so acquired that are necessary or appropriate to preserve on	11722
behalf of the grantor of the easement the favorable tax	11723
consequences of the gift, devise, or bequest under the "Internal	11724
Revenue Act of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	11725
The director, by any such means or by purchase or lease, may	11726
acquire, or acquire the use of, stationary personal property or	11727
equipment that is located on land acquired in fee by the director	11728
under this section and that is necessary or appropriate for the	11729
use of the land predominantly in agriculture.	11730

(C) The director may do all things necessary or appropriate	11731
to retain the use of real property acquired in fee under division	11732
(B) of this section predominantly in agriculture, including,	11733
without limitation, performing any of the activities described in	11734
division (A)(1) or (2) of section 5713.30 of the Revised Code or	11735
entering into contracts to lease or rent the real property so	11736
acquired to persons or governmental entities that will use the	11737
land predominantly in agriculture.	11738

(D)(1) When the director considers it to be necessary or	11739
appropriate, the director may sell real property acquired in fee,	11740
and stationary personal property or equipment acquired by gift,	11741
devise, bequest, or purchase, under division (B) of this section	11742
on such terms as the director considers to be advantageous to this	11743
state.	11744

(2) An agricultural easement acquired under division (B) of	11745
this section may be extinguished under the circumstances	11746
prescribed, and in accordance with the terms and conditions set	11747
forth, in the instrument conveying the agricultural easement.	11748

(E) There is hereby created in the state treasury the	11749
agricultural easement purchase fund. The fund shall consist of the	11750
proceeds received from the sale of real and personal property	11751
under division (D) of this section; moneys received due to the	11752
extinguishment of agricultural easements acquired by the director	11753
under division (B) of this section or section 5301.691 of the	11754
Revised Code; moneys received due to the extinguishment of	11755
agricultural easements purchased with the assistance of matching	11756
grants made under section 901.22 of the Revised Code; gifts,	11757
bequests, devises, and contributions received by the director for	11758
the purpose of acquiring agricultural easements; and grants	11759
received from public or private sources for the purpose of	11760
purchasing agricultural easements. The fund shall be administered	11761
by the director, and moneys in the fund shall be used by the	11762
director exclusively to purchase agricultural easements under	11763
division (A) of section 5301.691 of the Revised Code and provide	11764
matching grants under section 901.22 of the Revised Code to	11765
municipal corporations, counties, townships, and charitable	11766
organizations for the purchase of agricultural easements. Money in	11767
the fund shall be used only to purchase agricultural easements on	11768
land that is valued for purposes of real property taxation at its	11769
current value for agricultural use under section 5713.31 of the	11770
Revised Code or that constitutes a homestead when the easement is	11771
purchased.	11772

(F) There is hereby created in the state treasury the clean	11773
Ohio agricultural easement fund. Twelve and one-half per cent of	11774
net proceeds of obligations issued and sold pursuant to sections	11775
151.01 and 151.09 of the Revised Code shall be deposited into the	11776
fund. The fund shall be used by the director for the purposes of	11777
sections 901.21 and 901.22 and the provisions of sections 5301.67	11778
to 5301.70 of the Revised Code governing agricultural easements.	11779
Investment earnings of the fund shall be credited to the fund~~. For~~	11780
~~two years after the effective date of this amendment, investment~~	11781
~~earnings credited to the fund~~and may be used to pay costs	11782
incurred by the director in administering those sections and	11783
provisions.	11784

(G) The term of an agricultural easement purchased wholly or	11785
in part with money from the clean Ohio agricultural easement fund	11786
or the agricultural easement purchase fund shall be perpetual and	11787
shall run with the land.	11788

Sec. 901.22. (A) The director of agriculture, in accordance	11789
with Chapter 119. of the Revised Code, shall adopt rules that do	11790
all of the following:	11791

(1) Establish procedures and eligibility criteria for making	11792
matching grants to municipal corporations, counties, townships,	11793
and charitable organizations described in division (B) of section	11794
5301.69 of the Revised Code for the purchase of agricultural	11795
easements. With respect to agricultural easements that are	11796
purchased or proposed to be purchased with such matching grants	11797
that consist in whole or in part of moneys from the clean Ohio	11798
agricultural easement fund created in section 901.21 of the	11799
Revised Code, the rules shall establish all of the following:	11800

(a) Procedures for all of the following:

11801

(i) Soliciting and accepting applications for matching	11802
grants;	11803

(ii) Participation by local governments and by the public in	11804
the process of making matching grants to charitable organizations;	11805

(iii) Notifying local governments, charitable organizations,	11806
and organizations that represent the interests of farmers of the	11807
ranking system established in rules adopted under division	11808
(A)(1)(b) of this section.	11809

(b) A ranking system for applications for the matching grants	11810
that is based on the soil type, proximity of the land or other	11811
land that is conducive to agriculture as defined by rules adopted	11812
under this section and that is the subject of an application to	11813
other agricultural land or other land that is conducive to	11814
agriculture as defined by rules adopted under this section and	11815
that is already or is in the process of becoming permanently	11816
protected from development, farm stewardship, development	11817
pressure, and, if applicable, a local comprehensive land use plan	11818
involved with a proposed agricultural easement. The rules shall	11819
require that preference be given to proposed agricultural	11820
easements that involve the greatest proportion of all of the	11821
following:	11822

(i) Prime soils, unique or locally important soils,	11823
microclimates, or similar features;	11824

(ii) Land that is adjacent to or that is in close proximity	11825
to other agricultural land or other land that is conducive to	11826
agriculture as defined by rules adopted under this section and	11827
that is already or is in the process of becoming permanently	11828
protected from development, by agricultural easement or otherwise,	11829
so that a buffer would exist between the land involving the	11830
proposed agricultural easement and areas that have been developed	11831
or likely will be developed for purposes other than agriculture;	11832

(iii) The use of best management practices, including	11833
federally or state approved conservation plans, and a history of	11834
substantial compliance with applicable federal and state laws;	11835

(iv) Development pressure that is imminent, but not a result	11836
of current location in the direct path of urban development;	11837

(v) Areas identified for agricultural protection in local	11838
comprehensive land use plans.	11839

(c) Any other criteria that the director determines are	11840
necessary for selecting applications for matching grants;	11841

(d) Requirements regarding the information that must be	11842
included in the annual monitoring report that must be prepared for	11843
an agricultural easement under division (D)(2) of section 5301.691	11844
of the Revised Code, procedures for submitting a copy of the	11845
report to the office of farmland preservation in the department of	11846
agriculture, and requirements and procedures governing corrective	11847
actions that may be necessary to enforce the terms of the	11848
agricultural easement.	11849

(2) Establish provisions that shall be included in the	11850
instrument conveying to a municipal corporation, county, township,	11851
or charitable organization any agricultural easement purchased	11852
with matching grant funds provided by the director under this	11853
section, including, without limitation, all of the following	11854
provisions:	11855

(a) A provision stating that an easement so purchased may be	11856
extinguished only if an unexpected change in the conditions of or	11857
surrounding the land that is subject to the easement makes	11858
impossible or impractical the continued use of the land for the	11859
purposes described in the easement, or if the requirements of the	11860
easement are extinguished by judicial proceedings;	11861

(b) A provision requiring that, upon the sale, exchange, or	11862
involuntary conversion of the land subject to the easement, the	11863
holder of the easement shall be paid an amount of money that is at	11864
least equal to the proportionate value of the easement compared to	11865
the total value of the land at the time the easement was acquired;	11866

(c) A provision requiring that, upon receipt of the portion	11867
of the proceeds of a sale, exchange, or involuntary conversion	11868
described in division (A)(2)(b) of this section, the municipal	11869
corporation, county, township, or charitable organization remit to	11870
the director an amount of money equal to the percentage of the	11871
cost of purchasing the easement it received as a matching grant	11872
under this section.	11873

Moneys received by the director pursuant to rules adopted	11874
under division (A)(2)(c) of this section shall be credited to the	11875
agricultural easement purchase fund created in section 901.21 of	11876
the Revised Code.	11877

(3) Establish a provision that provides a charitable	11878
organization described in division (B) of section 5301.69 of the	11879
Revised Code, municipal corporation, township, or county with the	11880
option of purchasing agricultural easements either in installments	11881
or with a lump sum payment. The rules shall include a requirement	11882
that a charitable organization, municipal corporation, township,	11883
or county negotiate with the seller of the agricultural easement	11884
concerning any installment payment terms, including the dates and	11885
amounts of payments and the interest rate on the outstanding	11886
balance. The rules also shall require the director to approve any	11887
method of payment that is undertaken in accordance with the rules	11888
adopted under division (A)(3) of this section.	11889

(4) Establish any other requirements that the director	11890
considers to be necessary or appropriate to implement or	11891
administer a program to make matching grants under this section	11892
and monitor those grants.	11893

(B) The director may develop guidelines regarding the	11894
acquisition of agricultural easements by the department of	11895
agriculture and the provisions of instruments conveying those	11896
easements. The director may make the guidelines available to	11897
public and private entities authorized to acquire and hold	11898
agricultural easements.	11899

(C) The director may provide technical assistance in	11900
developing a program for the acquisition and monitoring of	11901
agricultural easements to public and private entities authorized	11902
to hold agricultural easements. The technical assistance may	11903
include, without limitation, reviewing and providing advisory	11904
recommendations regarding draft instruments conveying agricultural	11905
easements.	11906

(D) The director may make matching grants from the	11907
agricultural easement purchase fund and the clean Ohio	11908
agricultural easement fund to municipal corporations, counties,	11909
townships, and charitable organizations described in division (B)	11910
of section 5301.69 of the Revised Code, to assist those political	11911
subdivisions and charitable organizations in purchasing	11912
agricultural easements. Application for a matching grant shall be	11913
made on forms prescribed and provided by the director. The	11914
matching grants shall be made in compliance with the criteria and	11915
procedures established in rules adopted under this section.	11916
Instruments conveying agricultural easements purchased with	11917
matching grant funds provided under this section, at a minimum,	11918
shall include the mandatory provisions set forth in those rules.	11919

Matching grants made under this division using moneys from	11920
the clean Ohio agricultural easement fund created in section	11921
901.21 of the Revised Code may provide up to seventy-five per cent	11922
of the value of an agricultural easement as determined by a	11923
general real estate appraiser who is certified under Chapter 4763.	11924
of the Revised Code. Not less than twenty-five per cent of the	11925
value of the agricultural easement shall be provided by the	11926
recipient of the matching grant or donated by the person who is	11927
transferring the easement to the grant recipient. The amount of	11928
such a matching grant used for the purchase of a single	11929
agricultural easement shall not exceed one million dollars.	11930

(E) For any agricultural easement purchased with a matching	11931
grant that consists in whole or in part of moneys from the clean	11932
Ohio agricultural easement fund, the director shall be named as a	11933
grantee on the instrument conveying the easement, as shall the	11934
municipal corporation, county, township, or charitable	11935
organization that receives the grant.	11936

(F)(1) The director shall monitor and evaluate the	11937
effectiveness and efficiency of the agricultural easement program	11938
as a farmland preservation tool. On or before July 1, 1999, and	11939
the first day of July of each year thereafter, the director shall	11940
prepare and submit a report to the chairpersons of the standing	11941
committees of the senate and the house of representatives that	11942
consider legislation regarding agriculture. The report shall	11943
consider and address the following criteria to determine the	11944
program's effectiveness:	11945

(a) The number of agricultural easements purchased during the	11946
preceding year;	11947

(b) The location of those easements;

11948

(c) The number of acres of land preserved for agricultural	11949
use;	11950

(d) The amount of money used by a municipal corporation,	11951
township, or county from its general fund or special fund to	11952
purchase the agricultural easements;	11953

(e) The number of state matching grants given to purchase the	11954
agricultural easements;	11955

(f) The amount of state matching grant moneys used to	11956
purchase the agricultural easements.	11957

(2) The report also shall consider and include, at a minimum,	11958
the following information for each county to determine the	11959
program's efficiency:	11960

(a) The total number of acres in the county;

11961

(b) The total number of acres in current agricultural use;

11962

(c) The total number of acres preserved for agricultural use	11963
in the preceding year;	11964

(d) The average cost, per acre, of land preserved for	11965
agricultural use in the preceding year.	11966

Sec. 901.63. (A) The agricultural financing commission shall	11967
do both of the following until ~~July 1, 2003~~October 15, 2005:	11968

(1) Make recommendations to the director of agriculture about	11969
financial assistance applications made pursuant to sections 901.80	11970
to 901.83 of the Revised Code. In making its recommendations, the	11971
commission shall utilize criteria established by rules adopted	11972
under division (A)(8)(b) of section 901.82 of the Revised Code.	11973

(2) Advise the director in the administration of sections	11974
901.80 to 901.83 of the Revised Code.	11975

With respect to sections 901.80 to 901.83 of the Revised	11976
Code, the role of the commission is solely advisory. No officer,	11977
member, or employee of the commission is liable for damages in a	11978
civil action for any injury, death, or loss to person or property	11979
that allegedly arises out of purchasing any loan or providing a	11980
loan guarantee, failure to purchase a loan or provide a loan	11981
guarantee, or failure to take action under sections 901.80 to	11982
901.83 of the Revised Code, or that allegedly arises out of any	11983
act or omission of the department of agriculture that involves	11984
those sections.	11985

(B) The commission may:

11986

(1) Adopt bylaws for the conduct of its business;

11987

(2) Exercise all rights, powers, and duties conferred on the	11988
commission as an issuer under Chapter 902. of the Revised Code;	11989

(3) Contract with, retain, or designate financial	11990
consultants, accountants, and such other consultants and	11991
independent contractors as the commission may determine to be	11992
necessary or appropriate to carry out the purposes of this chapter	11993
and to fix the terms of those contracts;	11994

(4) Undertake and carry out or authorize the completion of	11995
studies and analyses of agricultural conditions and needs within	11996
the state relevant to the purpose of this chapter to the extent	11997
not otherwise undertaken by other departments or agencies of the	11998
state satisfactory for that purpose;	11999

(5) Acquire by gift, purchase, foreclosure, or other means,	12000
and hold, assign, pledge, lease, transfer, or otherwise dispose	12001
of, real and personal property, or any interest in that real and	12002
personal property, in the exercise of its powers and the	12003
performance of its duties under this chapter and Chapter 902. of	12004
the Revised Code;	12005

(6) Receive and accept gifts, grants, loans, or any other	12006
financial or other form of aid from any federal, state, local, or	12007
private agency or fund and enter into any contract with any such	12008
agency or fund in connection therewith, and receive and accept aid	12009
or contributions from any other source of money, property, labor,	12010
or things of value, to be held, used, and applied only for the	12011
purposes for which the grants and contributions are made, all	12012
within the purposes of this chapter and Chapter 902. of the	12013
Revised Code;	12014

(7) Sue and be sued in its own name with respect to its	12015
contracts or to enforce this chapter or its obligations or	12016
covenants made under this chapter and Chapter 902. of the Revised	12017
Code;	12018

(8) Make and enter into all contracts, commitments, and	12019
agreements, and execute all instruments necessary or incidental to	12020
the performance of its duties and the execution of its powers	12021
under this chapter and Chapter 902. of the Revised Code;	12022

(9) Adopt an official seal;

12023

(10) Do any and all things necessary or appropriate to carry	12024
out the public purposes and exercise the powers granted to the	12025
commission in this chapter and Chapter 902. of the Revised Code	12026
and the public purposes of Section 13 of Article VIII, Ohio	12027
Constitution.	12028

Any instrument by which real property is acquired pursuant to	12029
this section shall identify the agency of the state that has the	12030
use and benefit of the real property as specified in section	12031
5301.012 of the Revised Code.	12032

Sec. 901.85. There is hereby created in the state treasury	12033
the farm service agency electronic filing fund, which shall	12034
consist of money reimbursed to the fund by the farm service agency	12035
in the United States department of agriculture together with any	12036
money appropriated to the fund by the general assembly. The	12037
director of agriculture shall use money credited to the fund to	12038
pay the secretary of state for fees that the secretary of state	12039
charges in advance for the electronic filing by the farm service	12040
agency of financing statements related to agricultural loans that	12041
the farm service agency disburses.	12042

Sec. 902.11. (A) Any real or personal property, or both, of	12043
an issuer ~~which~~that is acquired, constructed, reconstructed,	12044
enlarged, improved, furnished, or equipped, or any combination	12045
thereof, and leased or subleased under authority of this chapter	12046
shall be subject to ad valorem, sales, use, and franchise taxes	12047
and to zoning, planning, and building regulations and fees, to the	12048
same extent and in the same manner as if the lessee-user or	12049
sublessee-user thereof, rather than the issuer, had acquired,	12050
constructed, reconstructed, enlarged, improved, furnished, or	12051
equipped, or any combination thereof, such real or personal	12052
property, and title thereto was in the name of such lessee-user or	12053
sublessee-user.	12054

The transfer of tangible personal property by lease or	12055
sublease under authority of this chapter is not a sale as used in	12056
Chapter 5739. of the Revised Code. The exemptions provided in	12057
divisions (B)(1) and ~~(14)~~(13) of section 5739.02 of the Revised	12058
Code shall not be applicable to purchases for a project under this	12059
chapter.	12060

An issuer shall be exempt from all taxes on its real or	12061
personal property, or both, which has been acquired, constructed,	12062
reconstructed, enlarged, improved, furnished, or equipped, or any	12063
combination thereof, under this chapter so long as such property	12064
is used by the issuer for purposes which would otherwise exempt	12065
such property; has ceased to be used by a former lessee-user or	12066
sublessee-user and is not occupied or used; or has been acquired	12067
by the issuer but development has not yet commenced. The exemption	12068
shall be effective as of the date the exempt use begins. All taxes	12069
on the exempt real or personal property for the year should be	12070
prorated and the taxes for the exempt portion of the year shall be	12071
remitted by the county auditor.	12072

(B) Bonds issued under this chapter, the transfer thereof,	12073
and the interest and other income from the bonds, including any	12074
profit made on the sale thereof, are free from taxation within the	12075
state.	12076

Sec. 921.151. The pesticide program fund is hereby created	12077
in the state treasury. ~~All~~The portion of the money in the fund	12078
that is collected under this chapter shall be used to carry out	12079
the purposes of this chapter. The portion of the money in the fund	12080
that is collected under section 927.53 of the Revised Code shall	12081
be used to carry out the purposes specified in that section, the	12082
portion of the money in the fund that is collected under section	12083
927.69 of the Revised Code shall be used to carry out the purposes	12084
specified in that section, and the portion of the money in the	12085
fund that is collected under section 927.701 of the Revised Code	12086
shall be used to carry out the purposes of that section. The fund	12087
shall consist of fees collected under sections 921.01 to 921.15,	12088
division (F) of section 927.53, and section 927.69 of the Revised	12089
Code, money collected under section 927.701 of the Revised Code,	12090
and all fines, penalties, costs, and damages, except court costs,	12091
~~which~~that are collected by either the director of agriculture or	12092
the attorney general in consequence of any violation of sections	12093
921.01 to 921.29 of the Revised Code. Not later than the thirtieth	12094
day of June of each year, the director of budget and management	12095
shall determine whether the amount credited to the pesticide	12096
program fund under this chapter is in excess of the amount	12097
necessary to meet the expenses of the director of agriculture in	12098
administering this chapter and shall transfer any such excess from	12099
the pesticide program fund to the general revenue fund.	12100

Sec. 927.53. (A) Each collector or dealer who sells, offers,	12101
or exposes for sale, or distributes nursery stock within this	12102
state, or ships nursery stock to other states, shall pay an annual	12103
license fee of fifty dollars to the director of agriculture for	12104
each place of business hethe collector or dealer operates.	12105

(B)(1) Each dealer shall furnish the director, annually, an	12106
affidavit that hethe dealer will buy and sell only nursery stock	12107
which has been inspected and certified by an official state or	12108
federal inspector.	12109

(2) Each dealer's license expires on the thirty-first day of	12110
December of each year. Each licensed dealer shall apply for	12111
renewal of ~~his~~the dealer's license prior to the first day of	12112
January of each year and in accordance with the standard renewal	12113
procedure of sections 4745.01 to 4745.03 of the Revised Code.	12114

(C) Each licensed ~~nurseryman~~nurseryperson shall post	12115
conspicuously in ~~his~~the nurseryperson's principal place of	12116
business, the certificate which is issued to ~~him~~the nurseryperson	12117
in accordance with section 927.61 of the Revised Code.	12118

(D) Each licensed ~~nurseryman~~nurseryperson, or dealer, shall	12119
post conspicuously in each place of business, each certificate or	12120
license which is issued to ~~him~~the nurseryperson or dealer in	12121
compliance with this section or section 927.61 of the Revised	12122
Code.	12123

(E)(1) Each ~~nurseryman~~nurseryperson who produces, sells,	12124
offers for sale, or distributes woody nursery stock within the	12125
state, or ships woody nursery stock to other states, shall pay to	12126
the director an annual inspection fee of fifty dollars plus four	12127
dollars per acre, or fraction thereof, of growing nursery stock in	12128
intensive production areas and two dollars per acre, or fraction	12129
thereof, of growing nursery stock in nonintensive production	12130
areas, as applicable.	12131

(2) Each ~~nurseryman~~nurseryperson who limits ~~his~~ production	12132
and sales of nursery stock to brambles, herbaceous, perennial, and	12133
other nonwoody plants, shall pay to the director an inspection fee	12134
of thirty dollars, plus four dollars per acre, or fraction	12135
thereof, of growing nursery stock in intensive and nonintensive	12136
production areas.	12137

(F) On and after the effective date of this amendment, the	12138
following additional fees shall be assessed:	12139

(1) Each collector or dealer who pays a fee under division	12140
(A) of this section shall pay an additional fee of twenty-five	12141
dollars.	12142

(2) Each nurseryperson who pays fees under division (E)(1) of	12143
this section shall pay additional fees as follows:	12144

(a) Fifteen dollars for the inspection fee;

12145

(b) Fifty cents per acre, or fraction thereof, of growing	12146
nursery stock in intensive production areas;	12147

(c) One dollar and fifty cents per acre, or fraction thereof,	12148
of growing nursery stock in nonintensive production areas.	12149

(3) Each nursery person who pays fees under division (E)(2)	12150
of this section shall pay additional fees as follows:	12151

(a) Thirty-five dollars for the inspection fee;

12152

(b) Fifty cents per acre, or fraction thereof, of growing	12153
stock in intensive and nonintensive production areas.	12154

The fees collected under division (F) of this section shall	12155
be deposited into the state treasury to the credit of the	12156
pesticide program fund created in Chapter 921. of the Revised	12157
Code. Moneys so credited to the fund shall be used to pay the	12158
costs incurred by the department of agriculture in administering	12159
this chapter, including employing a minimum of two additional	12160
inspectors.	12161

Sec. 927.69. To effect the purpose of sections 927.51 to	12162
927.74~~, inclusive,~~ of the Revised Code, the director of	12163
agriculture, or ~~his~~the director's authorized representative, may:	12164

(A) Make reasonable inspection of any premises in this state	12165
and any property therein or thereon;	12166

(B) Stop and inspect in a reasonable manner, any means of	12167
conveyance moving within this state upon probable cause to believe	12168
it contains or carries any pest, host, commodity, or other article	12169
~~which~~that is subject to sections 927.51 to 927.72~~, inclusive,~~ of	12170
the Revised Code;	12171

(C) Conduct inspections of agricultural products that are	12172
required by other states, the United States department of	12173
agriculture, other federal agencies, or foreign countries to	12174
determine whether the products are infested. If, upon making such	12175
an inspection, the director or the director's authorized	12176
representative determines that an agricultural product is not	12177
infested, the director or the director's authorized representative	12178
may issue a certificate, as required by other states, the United	12179
States department of agriculture, other federal agencies, or	12180
foreign countries, indicating that the product is not infested.	12181

If the director charges fees for any of the certificates,	12182
agreements, or inspections specified in this section, the fees	12183
shall be as follows:	12184

(1) Phyto sanitary certificates, twenty-five dollars;

12185

(2) Compliance agreements, twenty dollars;

12186

(3) Solid wood packing certificates, twenty dollars;

12187

(4) Agricultural products and their conveyances inspections,	12188
sixty-five dollars.	12189

The director may adopt rules under section 927.52 of the	12190
Revised Code that define the certificates, agreements, and	12191
inspections.	12192

The fees shall be deposited into the state treasury to the	12193
credit of the pesticide program fund created in Chapter 921. of	12194
the Revised Code. Money credited to the fund shall be used to pay	12195
the costs incurred by the department of agriculture in	12196
administering this chapter, including employing a minimum of two	12197
additional inspectors.	12198

Sec. 927.701. (A) As used in this section, "gypsy moth"	12199
means the live insect, Lymantria dispar, in any stage of	12200
development.	12201

(B) The director of agriculture may establish a voluntary	12202
gypsy moth suppression program under which a landowner may request	12203
that the department of agriculture have the landowner's property	12204
aerially sprayed to suppress the presence of gypsy moths in	12205
exchange for payment from the landowner of a portion of the cost	12206
of the spraying. To determine the amount of payment that is due	12207
from a landowner, the department first shall determine the	12208
projected cost per acre to the department of gypsy moth	12209
suppression activities for the year in which the landowner's	12210
request is made. The cost shall be calculated by determining the	12211
total expense of aerial spraying for gypsy moths to be incurred by	12212
the department in that year divided by the total number of acres	12213
proposed to be sprayed in that year. With respect to a landowner,	12214
the department shall multiply the cost per acre by the number of	12215
acres that the landowner requests to be sprayed. The department	12216
shall add to that amount any administrative costs that it incurs	12217
in billing the landowner and collecting payment. The amount that	12218
the landowner shall pay to the department shall not exceed fifty	12219
per cent of the resulting amount.	12220

(C) The director shall adopt rules under Chapter 119. of the	12221
Revised Code to establish procedures under which a landowner may	12222
make a request under division (B) of this section and to establish	12223
provisions governing agreements between the department and	12224
landowners concerning gypsy moth suppression together with any	12225
other provisions that the director considers appropriate to	12226
administer this section.	12227

(D) The director shall deposit all money collected under this	12228
section into the state treasury to the credit of the pesticide	12229
program fund created in Chapter 921. of the Revised Code. Money	12230
credited to the fund under this section shall be used for the	12231
suppression of gypsy moths in accordance with this section.	12232

Sec. 929.01. As used in ~~Chapter 929. of the Revised Code~~	12233
this chapter:	12234

(A) "Agricultural production" means commercial aquaculture,	12235
apiculture, animal husbandry, or poultry husbandry; the production	12236
for a commercial purpose of timber, field crops, tobacco, fruits,	12237
vegetables, nursery stock, ornamental shrubs, ornamental trees,	12238
flowers, or sod; the growth of timber for a noncommercial purpose,	12239
if the land on which the timber is grown is contiguous to or part	12240
of a parcel of land under common ownership that is otherwise	12241
devoted exclusively to agricultural use; or any combination of	12242
such husbandry, production, or growth; and includes the	12243
processing, drying, storage, and marketing of agricultural	12244
products when those activities are conducted in conjunction with	12245
such husbandry, production, or growth.	12246

"Agricultural production" includes conservation practices,	12247
provided that the tracts, lots, or parcels of land or portions	12248
thereof that are used for conservation practices comprise not more	12249
than twenty-five per cent of tracts, lots, or parcels of land that	12250
are otherwise devoted exclusively to agricultural use and for	12251
which an application is filed under section 929.02 of the Revised	12252
Code.	12253

(B) "Withdrawal from an agricultural district" includes the	12254
explicit removal of land from an agricultural district, conversion	12255
of land in an agricultural district to use for purposes other than	12256
agricultural production, and withdrawal of land from a land	12257
retirement or conservation program to use for ~~pusposes~~purposes	12258
other than agricultural production. Withdrawal from an	12259
agricultural district does not include land described in division	12260
(A)(4) of section 5713.30 of the Revised Code.	12261

(C) "Conservation practice" has the same meaning as in	12262
section 5713.30 of the Revised Code.	12263

Sec. 955.51. (A) Any owner of horses, sheep, cattle, swine,	12264
mules, goats, domestic rabbits, or domestic fowl or poultry that	12265
have an aggregate fair market value of ten dollars or more and	12266
that have been injured or killed by a coyote or a black vulture	12267
shall notify the dog warden within three days after the loss or	12268
injury has been discovered. The dog warden promptly shall	12269
investigate the loss or injury and shall determine whether or not	12270
the loss or injury was made by a coyote or a black vulture. If the	12271
dog warden finds that the loss or injury was not made by a coyote	12272
or a black vulture, the owner has no claim under sections 955.51	12273
to 955.53 of the Revised Code. If the dog warden finds that the	12274
loss or injury was made by a coyote or a black vulture, hethe dog	12275
warden promptly shall notify the wildlife officer of that finding.	12276
The wildlife officer then shall confirm the finding, disaffirm it,	12277
or state that hethe wildlife officer is uncertain about the	12278
finding. If the wildlife officer affirms the finding of the dog	12279
warden or states that hethe wildlife officer is uncertain about	12280
that finding, the owner may proceed with ~~his~~a claim under	12281
sections 955.51 to 955.53 of the Revised Code, and the dog warden	12282
shall provide the owner with duplicate copies of the claim form	12283
provided for in section 955.53 of the Revised Code and assist ~~him~~	12284
the owner in filling it out. The owner shall set forth the kind,	12285
grade, quality, and what hethe owner has determined is the fair	12286
market value of the animals, fowl, or poultry, the nature and	12287
amount of the loss or injury, the place where the loss or injury	12288
occurred, and all other pertinent facts in the possession of the	12289
claimant. If the animals, fowl, or poultry die as a result of	12290
their injuries, their fair market value is the market value of	12291
uninjured animals, fowl, or poultry on the date of the death of	12292
the injured animals, fowl, or poultry. If the animals, fowl, or	12293
poultry do not die as a result of their injuries, their fair	12294
market value is their market value on the date on which they	12295
received their injuries.	12296

(B) If the dog warden finds all the statements that the owner	12297
made on the form to be correct and agrees with the owner as to the	12298
fair market value of the animals, fowl, or poultry, hethe dog	12299
warden promptly shall so certify and send both copies of the form,	12300
together with whatever other documents, testimony, or information	12301
hethe dog warden has received relating to the loss or injury, to	12302
the department of agriculture.	12303

(C) If the dog warden does not find all the statements to be	12304
correct or does not agree with the owner as to the fair market	12305
value, the owner may appeal to the department of agriculture for a	12306
determination of ~~his~~the owner's claim. In that case the owner	12307
shall secure statements as to the nature and amount of the loss or	12308
injury from at least two witnesses who viewed the results of the	12309
killing or injury and who can testify about the results and shall	12310
submit both copies of the form to the department no later than	12311
twenty days after the loss or injury was discovered. The dog	12312
warden shall submit to the department whatever documents,	12313
testimony, and other information hethe dog warden has received	12314
relating to the loss or injury. The department shall receive any	12315
other information or testimony that will enable it to determine	12316
the fair market value of the animals, fowl, or poultry injured or	12317
killed.	12318

(D) If the animals, fowl, or poultry described in division	12319
(A) of this section are registered in any accepted association or	12320
registry, the owner or ~~his~~the owner's employee or tenant shall	12321
submit with the claim form the registration papers showing the	12322
lines of breeding, age, and other relevant matters. If the animals	12323
are the offspring of registered stock and eligible for	12324
registration, the registration papers showing the breeding of the	12325
offspring shall be submitted.	12326

Sec. 1309.109. (A) Except as otherwise provided in divisions	12327
(C) and (D) of this section, this chapter applies to the	12328
following:	12329

(1) A transaction, regardless of its form, that creates a	12330
security interest in personal property or fixtures by contract;	12331

(2) An agricultural lien;

12332

(3) A sale of accounts, chattel paper, payment intangibles,	12333
or promissory notes;	12334

(4) A consignment;

12335

(5) A security interest arising under section 1302.42 or	12336
1302.49, division (C) of section 1302.85, or division (E) of	12337
section 1310.54 of the Revised Code, as provided in section	12338
1309.110 of the Revised Code; and	12339

(6) A security interest arising under section 1304.20 or	12340
1305.18 of the Revised Code.	12341

(B) The application of this chapter to a security interest in	12342
a secured obligation is not affected by the fact that the	12343
obligation is itself secured by a transaction or interest to which	12344
this chapter does not apply.	12345

12346

(1) A statute, regulation, or treaty of the United States	12347
preempts this chapter; or	12348

(2) The rights of a transferee beneficiary or nominated	12349
person under a letter of credit are independent and superior under	12350
section 1305.13 of the Revised Code.	12351

(D) This chapter does not apply to the following:

12352

(1) A landlord's lien, other than an agricultural lien;

12353

(2)(a) A lien, not enumerated in division (D)(2) of this	12354
section and other than an agricultural lien, given by statute or	12355
other rule of law for services or materials, including any lien	12356
created under any provision of Chapter 926., sections 1311.55 to	12357
1311.57, sections 1311.71 to 1311.80, section 1701.66, or Chapter	12358
4585. of the Revised Code;	12359

(b) Notwithstanding division (D)(2)(a) of this section,	12360
section 1309.333 of the Revised Code applies with respect to	12361
priority of the lien.	12362

(3) An assignment of a claim for wages, salary, or other	12363
compensation of an employee;	12364

(4) A sale of accounts, chattel paper, payment intangibles,	12365
or promissory notes as part of a sale of the business out of which	12366
they arose;	12367

(5) An assignment of accounts, chattel paper, payment	12368
intangibles, or promissory notes that is for the purpose of	12369
collection only;	12370

(6) An assignment of a right to payment under a contract to	12371
an assignee that is also obligated to perform under the contract;	12372

(7) An assignment of a single account, payment intangible, or	12373
promissory note to an assignee in full or partial satisfaction of	12374
a preexisting indebtedness;	12375

(8) A transfer of an interest in or an assignment of a claim	12376
under a policy of insurance, other than an assignment by or to a	12377
health-care provider of a health-care-insurance receivable and any	12378
subsequent assignment of the right to payment, but sections	12379
1309.315 and 1309.322 of the Revised Code apply with respect to	12380
proceeds and priorities in proceeds;	12381

(9) An assignment of a right represented by a judgment, other	12382
than a judgment taken on a right to payment that was collateral;	12383

(10) A right of recoupment or set-off, but:

12384

(a) Section 1309.340 of the Revised Code applies with respect	12385
to the effectiveness of rights of recoupment or set-off against	12386
deposit accounts; and	12387

(b) Section 1309.404 of the Revised Code applies with respect	12388
to defenses or claims of an account debtor.	12389

(11) The creation or transfer of an interest in or lien on	12390
real property, including a lease or rents under a lease, except to	12391
the extent that provision is made for:	12392

(a) Liens on real property in sections 1309.203 and 1309.308	12393
of the Revised Code;	12394

(b) Fixtures in section 1309.334 of the Revised Code;

12395

(c) Fixture filings in sections 1309.501, 1309.502, 1309.512,	12396
1309.516, and 1309.519 of the Revised Code; and	12397

(d) Security agreements covering personal and real property	12398
in section 1309.604 of the Revised Code.	12399

(12) An assignment of a claim arising in tort, other than a	12400
commercial tort claim, but sections 1309.315 and 1309.322 of the	12401
Revised Code apply with respect to proceeds and priorities in	12402
proceeds;	12403

(13) An assignment of a deposit account in a consumer	12404
transaction, but sections 1309.315 and 1309.322 of the Revised	12405
Code apply with respect to proceeds and priorities in proceeds; or	12406

(14) A transfer by a government, state, or governmental unit.

12407

(E) The granting of a security interest in all or any part of	12408
a lottery prize award for consideration is subject to the	12409
prohibition of division ~~(A)(3)~~(C) of section 3770.07 of the	12410
Revised Code. The sale, assignment, or other redirection of a	12411
lottery prize award for consideration is subject to the provisions	12412
of division ~~(A)(4)~~(D) of section 3770.07 and sections 3770.10 to	12413
3770.14 of the Revised Code.	12414

Sec. 1317.07. No retail installment contract authorized by	12415
section 1317.03 of the Revised Code that is executed in connection	12416
with any retail installment sale shall evidence any indebtedness	12417
in excess of the time balance fixed in the written instrument in	12418
compliance with section 1317.04 of the Revised Code, but it may	12419
evidence in addition any agreements of the parties for the payment	12420
of delinquent charges, as provided for in section 1317.06 of the	12421
Revised Code, taxes, and any lawful fee actually paid out, or to	12422
be paid out, by the retail seller to any public officer for	12423
filing, recording, or releasing any instrument securing the	12424
payment of the obligation owed on any retail installment contract.	12425
No retail seller, directly or indirectly, shall charge, contract	12426
for, or receive from any retail buyer, any further or other amount	12427
for examination, service, brokerage, commission, expense, fee, or	12428
other thing of value. A documentary service charge customarily and	12429
presently being paid on May 9, 1949, in a particular business and	12430
area may be charged if the charge does not exceed ~~fifty~~one	12431
hundred dollars per sale.	12432

No retail seller shall use multiple agreements with respect	12433
to a single item or related items purchased at the same time, with	12434
intent to obtain a higher charge than would otherwise be permitted	12435
by Chapter 1317. of the Revised Code or to avoid disclosure of an	12436
annual percentage rate, nor by use of such agreements make any	12437
charge greater than that which would be permitted by Chapter 1317.	12438
of the Revised Code had a single agreement been used.	12439

Sec. 1321.21. All fees, charges, penalties, and forfeitures	12440
collected under Chapters 1321., 1322., 4712., 4727., and 4728.,	12441
sections 1315.21 to 1315.30, ~~and~~ sections 1315.35 to 1315.44, and	12442
sections 1349.25 to 1349.37 of the Revised Code shall be paid to	12443
the superintendent of financial institutions and shall be	12444
deposited by the superintendent into the state treasury to the	12445
credit of the consumer finance fund, which is hereby created. The	12446
fund may be expended or obligated by the superintendent for the	12447
defrayment of the costs of administration of Chapters 1321.,	12448
1322., 4712., 4727., and 4728., sections 1315.21 to 1315.30, ~~and~~	12449
sections 1315.35 to 1315.44, and sections 1349.25 to 1349.37 of	12450
the Revised Code by the division of financial institutions. All	12451
actual and necessary expenses incurred by the superintendent,	12452
including any services rendered by the department of commerce for	12453
the division's administration of Chapters 1321., 1322., 4712.,	12454
4727., and 4728., sections 1315.21 to 1315.30, ~~and~~ sections	12455
1315.35 to 1315.44, and sections 1349.25 to 1349.37 of the Revised	12456
Code, shall be paid from the fund. The fund shall be assessed a	12457
proportionate share of the administrative costs of the department	12458
and the division. The proportionate share of the administrative	12459
costs of the division of financial institutions shall be	12460
determined in accordance with procedures prescribed by the	12461
superintendent and approved by the director of budget and	12462
management. Such assessment shall be paid from the consumer	12463
finance fund to the division of administration fund or the	12464
financial institutions fund.	12465

Sec. 1333.99. (A) Whoever violates sections 1333.01 to	12466
1333.04 of the Revised Code is guilty of a minor misdemeanor.	12467

(B) Whoever violates section 1333.12 of the Revised Code is	12468
guilty of a misdemeanor of the fourth degree.	12469

(C) Whoever violates section 1333.36 of the Revised Code is	12470
guilty of a misdemeanor of the third degree.	12471

(D) A prosecuting attorney may file an action to restrain any	12472
person found in violation of section 1333.36 of the Revised Code.	12473
Upon the filing of such an action, the common pleas court may	12474
receive evidence of such violation and forthwith grant a temporary	12475
restraining order as may be prayed for, pending a hearing on the	12476
merits of said cause.	12477

(E) Whoever violates division (A)(1) of section 1333.52 or	12478
section 1333.81 of the Revised Code is guilty of a misdemeanor of	12479
the first degree.	12480

(F) Whoever violates division (A)(2) or (B) of section	12481
1333.52 ~~or division (F) or (H) of section 1333.96~~ of the Revised	12482
Code is guilty of a misdemeanor of the second degree.	12483

(G) Except as otherwise provided in this division, whoever	12484
violates section 1333.92 of the Revised Code is guilty of a	12485
misdemeanor of the first degree. If the value of the compensation	12486
is five hundred dollars or more and less than five thousand	12487
dollars, whoever violates section 1333.92 of the Revised Code is	12488
guilty of a felony of the fifth degree. If the value of the	12489
compensation is five thousand dollars or more and less than one	12490
hundred thousand dollars, whoever violates section 1333.92 of the	12491
Revised Code is guilty of a felony of the fourth degree. If the	12492
value of the compensation is one hundred thousand dollars or more,	12493
whoever violates section 1333.92 of the Revised Code is guilty of	12494
a felony of the third degree.	12495

~~(H) Whoever violates division (B), (C), or (I) of section~~	12496
~~1333.96 of the Revised Code is guilty of a misdemeanor of the~~	12497
~~third degree.~~	12498

~~(I) Any person not registered as a travel agency or tour~~	12499
~~promoter as provided in divisions (B) and (C) of section 1333.96~~	12500
~~of the Revised Code who states that the person is so registered is~~	12501
~~guilty of a misdemeanor of the first degree.~~	12502

Sec. 1337.11. As used in sections 1337.11 to 1337.17 of the	12503
Revised Code:	12504

(A) "Adult" means a person who is eighteen years of age or	12505
older.	12506

(B) "Attending physician" means the physician to whom a	12507
principal or the family of a principal has assigned primary	12508
responsibility for the treatment or care of the principal or, if	12509
the responsibility has not been assigned, the physician who has	12510
accepted that responsibility.	12511

12512

(1) Nutrition when administered to diminish the pain or	12513
discomfort of a principal, but not to postpone death;	12514

(2) Hydration when administered to diminish the pain or	12515
discomfort of a principal, but not to postpone death;	12516

(3) Any other medical or nursing procedure, treatment,	12517
intervention, or other measure that is taken to diminish the pain	12518
or discomfort of a principal, but not to postpone death.	12519

(D) "Consulting physician" means a physician who, in	12520
conjunction with the attending physician of a principal, makes one	12521
or more determinations that are required to be made by the	12522
attending physician, or to be made by the attending physician and	12523
one other physician, by an applicable provision of sections	12524
1337.11 to 1337.17 of the Revised Code, to a reasonable degree of	12525
medical certainty and in accordance with reasonable medical	12526
standards.	12527

(E) "Guardian" means a person appointed by a probate court	12528
pursuant to Chapter 2111. of the Revised Code to have the care and	12529
management of the person of an incompetent.	12530

(F) "Health care" means any care, treatment, service, or	12531
procedure to maintain, diagnose, or treat an individual's physical	12532
or mental condition.	12533

(G) "Health care decision" means informed consent, refusal to	12534
give informed consent, or withdrawal of informed consent to health	12535
care.	12536

(H) "Health care facility" means any of the following:

12537

(1) A hospital;

12538

(2) A hospice care program or other institution that	12539
specializes in comfort care of patients in a terminal condition or	12540
in a permanently unconscious state;	12541

(3) A nursing home;

12542

(4) A home health agency;

12543

(5) An intermediate care facility for the mentally retarded.

12544

(I) "Health care personnel" means physicians, nurses,	12545
physician assistants, emergency medical technicians-basic,	12546
emergency medical technicians-intermediate, emergency medical	12547
technicians-paramedic, medical technicians, dietitians, other	12548
authorized persons acting under the direction of an attending	12549
physician, and administrators of health care facilities.	12550

(J) "Home health agency" has the same meaning as in section	12551
~~3701.88~~3701.881 of the Revised Code.	12552

(K) "Hospice care program" has the same meaning as in section	12553
3712.01 of the Revised Code.	12554

(L) "Hospital" has the same meanings as in sections 2108.01,	12555
3701.01, and 5122.01 of the Revised Code.	12556

(M) "Hydration" means fluids that are artificially or	12557
technologically administered.	12558

(N) "Incompetent" has the same meaning as in section 2111.01	12559
of the Revised Code.	12560

(O) "Intermediate care facility for the mentally retarded"	12561
has the same meaning as in section 5111.20 of the Revised Code.	12562

(P) "Life-sustaining treatment" means any medical procedure,	12563
treatment, intervention, or other measure that, when administered	12564
to a principal, will serve principally to prolong the process of	12565
dying.	12566

(Q) "Medical claim" has the same meaning as in section	12567
2305.11 of the Revised Code.	12568

(R) "Nursing home" has the same meaning as in section 3721.01	12569
of the Revised Code.	12570

(S) "Nutrition" means sustenance that is artificially or	12571
technologically administered.	12572

(T) "Permanently unconscious state" means a state of	12573
permanent unconsciousness in a principal that, to a reasonable	12574
degree of medical certainty as determined in accordance with	12575
reasonable medical standards by the principal's attending	12576
physician and one other physician who has examined the principal,	12577
is characterized by both of the following:	12578

(1) Irreversible unawareness of one's being and environment.

12579

(2) Total loss of cerebral cortical functioning, resulting in	12580
the principal having no capacity to experience pain or suffering.	12581

(U) "Person" has the same meaning as in section 1.59 of the	12582
Revised Code and additionally includes political subdivisions and	12583
governmental agencies, boards, commissions, departments,	12584
institutions, offices, and other instrumentalities.	12585

(V) "Physician" means a person who is authorized under	12586
Chapter 4731. of the Revised Code to practice medicine and surgery	12587
or osteopathic medicine and surgery.	12588

(W) "Political subdivision" and "state" have the same	12589
meanings as in section 2744.01 of the Revised Code.	12590

(X) "Professional disciplinary action" means action taken by	12591
the board or other entity that regulates the professional conduct	12592
of health care personnel, including the state medical board and	12593
the board of nursing.	12594

(Y) "Terminal condition" means an irreversible, incurable,	12595
and untreatable condition caused by disease, illness, or injury	12596
from which, to a reasonable degree of medical certainty as	12597
determined in accordance with reasonable medical standards by a	12598
principal's attending physician and one other physician who has	12599
examined the principal, both of the following apply:	12600

(1) There can be no recovery.

12601

(2) Death is likely to occur within a relatively short time	12602
if life-sustaining treatment is not administered.	12603

(Z) "Tort action" means a civil action for damages for	12604
injury, death, or loss to person or property, other than a civil	12605
action for damages for a breach of contract or another agreement	12606
between persons.	12607

Sec. 1346.02. Any tobacco product manufacturer selling	12608
cigarettes to consumers within the state (whether directly or	12609
through a distributor, retailer or similar intermediary or	12610
intermediaries) after ~~the effective date of this section~~June 30,	12611
1999 shall do one of the following:	12612

(A) Become a participating manufacturer (as that term is	12613
defined in section II(jj) of the Master Settlement Agreement) and	12614
generally perform its financial obligations under the Master	12615
Settlement Agreement; or	12616

(B)(1) Place into a qualified escrow fund by April 15 of the	12617
year following the year in question the following amounts (as such	12618
amounts are adjusted for inflation):	12619

1999: $.0094241 per unit sold after ~~the effective date of~~	12620
~~this section~~June 30, 1999;	12621

2000: $.0104712 per unit sold;

12622

For each of 2001 and 2002: $.0136125 per unit sold;

12623

For each of 2003 through 2006: $.0167539 per unit sold;

12624

For each of 2007 and each year thereafter: $.0188482 per unit	12625
sold.	12626

(2) A tobacco product manufacturer that places funds into	12627
escrow pursuant to division (B)(1) of this section shall receive	12628
the interest or other appreciation on such funds as earned. Such	12629
funds themselves shall be released from escrow only under the	12630
following circumstances:	12631

(a) To pay a judgment or settlement on any released claim	12632
brought against such tobacco product manufacturer by the state or	12633
any releasing party located or residing in the state. Funds shall	12634
be released from escrow under division (B)(2)(a) of this section:	12635

(i) In the order in which they were placed into escrow; and

12636

(ii) Only to the extent and at the time necessary to make	12637
payments required under such judgment or settlement.	12638

(b) To the extent that a tobacco product manufacturer	12639
establishes that the amount it was required to place into escrow	12640
on account of units sold in the state in a particular year was	12641
greater than the ~~state's allocable share of the total payments~~	12642
~~that such manufacturer would have been required to make in that~~	12643
~~year under the~~ Master Settlement Agreement (payments, as	12644
determined pursuant to section ~~IX(i)(2)~~IX(i) of ~~the Master~~	12645
~~Settlement~~that Agreement~~, and before any of the adjustments or~~	12646
~~offsets described in section IX(i)(3) of that Agreement other the~~	12647
~~the inflation adjustment)~~including after final determination of	12648
all adjustments, that such manufacturer would have been required	12649
to make on account of such units sold had it been a participating	12650
manufacturer, the excess shall be released from escrow and revert	12651
back to such tobacco product manufacturer; or	12652

(c) To the extent not released from escrow under division	12653
(B)(2)(a) or (b) of this section, funds shall be released from	12654
escrow and revert back to such tobacco product manufacturer	12655
twenty-five years after the date on which they were placed into	12656
escrow.	12657

(3) Each tobacco product manufacturer that elects to place	12658
funds into escrow pursuant to division (B) of this section shall	12659
annually certify to the attorney general that it is in compliance	12660
with division (B) of this section. The attorney general may bring	12661
a civil action on behalf of the state against any tobacco product	12662
manufacturer that fails to place into escrow the funds required	12663
under this section. Any tobacco product manufacturer that fails in	12664
any year to place into escrow the funds required under this	12665
section shall:	12666

(a) Be required within fifteen days to place such funds into	12667
escrow as shall bring it into compliance with this section. The	12668
court, upon a finding of a violation of division (B) of this	12669
section, may impose a civil penalty to be paid to the general	12670
revenue fund of the state in an amount not to exceed five per cent	12671
of the amount improperly withheld from escrow per day of the	12672
violation and in a total amount not to exceed one hundred per cent	12673
of the original amount improperly withheld from escrow;	12674

(b) In the case of a knowing violation, be required within	12675
fifteen days to place such funds into escrow as shall bring it	12676
into compliance with this section. The court, upon a finding of a	12677
knowing violation of division (B) of this section, may impose a	12678
civil penalty to be paid to the general revenue fund of the state	12679
in an amount not to exceed fifteen per cent of the amount	12680
improperly withheld from escrow per day of the violation and in a	12681
total amount not to exceed three hundred per cent of the original	12682
amount improperly withheld from escrow; and	12683

(c) In the case of a second knowing violation, be prohibited	12684
from selling cigarettes to consumers within the state (whether	12685
directly or through a distributor, retailer or similar	12686
intermediary) for a period not to exceed two years.	12687

Each failure to make an annual deposit required under this	12688
section shall constitute a separate violation.	12689

Sec. 1346.04. As used in this section and sections 1346.05	12690
to 1346.10 of the Revised Code:	12691

(A) "Brand family" means all styles of cigarettes sold under	12692
the same trademark and differentiated from one another by means of	12693
additional modifiers or descriptors, including, but not limited	12694
to, "menthol," "lights," "kings," and "100s." "Brand family"	12695
includes cigarettes sold under any brand name (whether that name	12696
is used alone or in conjunction with any other word), trademark,	12697
logo, symbol, motto, selling message, recognizable pattern of	12698
colors, or other indicia of product identification identical or	12699
similar to, or identifiable with, a previous brand of cigarettes.	12700

(B) "Cigarette," "Master Settlement Agreement," "qualified	12701
escrow fund," "tobacco product manufacturer," and "units sold"	12702
have the same meanings as in section 1346.01 of the Revised Code.	12703

(C) "Nonparticipating manufacturer" means any tobacco product	12704
manufacturer that is not a participating manufacturer.	12705

(D) "Participating manufacturer" means a participating	12706
manufacturer as that term is defined in section II(jj) of the	12707
Master Settlement Agreement and all amendments to that agreement.	12708

(E) "Stamping agent" means a person who is authorized to	12709
affix tax stamps to packages or other containers of cigarettes	12710
under section 5743.03 of the Revised Code or a person who is	12711
required to pay the excise tax imposed on cigarettes and other	12712
tobacco products under sections 5743.03 and 5743.51 of the Revised	12713
Code.	12714

Sec. 1346.05. (A)(1) Every tobacco product manufacturer	12715
whose cigarettes are sold in this state either directly or through	12716
a distributor, retailer, or other intermediary shall execute and	12717
deliver to the attorney general an annual certification, made	12718
under penalty of falsification, stating that, as of the date of	12719
the certification, the tobacco manufacturer is either a	12720
participating manufacturer or a nonparticipating manufacturer in	12721
full compliance with section 1346.02 of the Revised Code,	12722
including full compliance with all quarterly installment payment	12723
requirements, if required to make such payments by an	12724
administrative rule adopted by the attorney general. The	12725
certification shall be on a form prescribed by the attorney	12726
general and shall be filed not later than the thirtieth day of	12727
April in each year.	12728

(2) Each participating manufacturer shall include in its	12729
certification a list of its brand families. Thirty days before	12730
making any additions to or modifications of its brand families, a	12731
participating manufacturer shall update its brand family list by	12732
executing and delivering a supplemental certification to the	12733
attorney general.	12734

(3) Each nonparticipating manufacturer shall include all of	12735
the following in its certification:	12736

(a) A list of all of its brand families and the number of	12737
units sold during the preceding calendar year for each brand	12738
family, and a list of all of its brand families that have been	12739
sold in the state at any time during the current calendar year.	12740
The list shall indicate, by an asterisk, any brand family that was	12741
sold in the state during the preceding calendar year and that is	12742
no longer being sold in the state as of the date of the	12743
certification. The list shall identify by name and address any	12744
other manufacturer in the preceding or current year of the brand	12745
families included on the list. Thirty days before making any	12746
additions to or modifications of its brand families, a	12747
nonparticipating manufacturer shall update its brand family list	12748
by executing and delivering a supplemental certification to the	12749
attorney general.	12750

(b) A statement that the nonparticipating manufacturer is	12751
registered to do business in this state, or has appointed an agent	12752
for service of process in this state and provided notice of that	12753
appointment as required by section 1346.06 of the Revised Code;	12754

(c) A certification that the nonparticipating manufacturer	12755
has established and continues to maintain a qualified escrow fund	12756
under section 1346.02 of the Revised Code and that the qualified	12757
escrow fund is governed by a qualified escrow agreement executed	12758
by the nonparticipating manufacturer and reviewed and approved by	12759
the attorney general;	12760

(d) All of the following information regarding the qualified	12761
escrow fund the nonparticipating manufacturer is required to	12762
establish and maintain under section 1346.02 of the Revised Code	12763
and the rules adopted under that section:	12764

(i) The name, address, and telephone number of the financial	12765
institution at which the nonparticipating manufacturer has	12766
established its qualified escrow fund;	12767

(ii) The account number of the qualified escrow fund and any	12768
subaccount number for the state;	12769

(iii) The amount that the nonparticipating manufacturer	12770
deposited in the qualified escrow fund for cigarettes sold in the	12771
state during the preceding calendar year, the date and amount of	12772
each deposit, and any evidence or verification the attorney	12773
general deems necessary to confirm those deposits;	12774

(iv) The amount and date of any withdrawal or transfer of	12775
funds the nonparticipating manufacturer made at any time from any	12776
qualified escrow fund into which it ever made payments under	12777
section 1346.02 of the Revised Code and the rules adopted under	12778
that section.	12779

(e) A statement that the nonparticipating manufacturer is in	12780
full compliance with this section and sections 1346.02, 1346.06,	12781
and 1346.07 of the Revised Code and any rules adopted under those	12782
sections.	12783

(4)(a) No tobacco product manufacturer shall include a brand	12784
family in its certification unless either of the following	12785
applies:	12786

(i) In the case of a participating manufacturer, the	12787
participating manufacturer affirms that the cigarettes in the	12788
brand family shall be deemed to be its cigarettes for the purpose	12789
of calculating its payments under the Master Settlement Agreement	12790
for the relevant year in the volume and shares determined pursuant	12791
to that agreement.	12792

(ii) In the case of a nonparticipating manufacturer, the	12793
nonparticipating manufacturer affirms that the cigarettes in the	12794
brand family shall be deemed to be its cigarettes for the purpose	12795
of section 1346.02 of the Revised Code.	12796

(b) Nothing in this section limits or shall be construed to	12797
limit the state's authority to determine that the cigarettes in a	12798
brand family constitute the cigarettes of another tobacco product	12799
manufacturer for the purpose of calculating payments under the	12800
Master Settlement Agreement or for the purpose of section 1346.02	12801
of the Revised Code.	12802

(5) Each tobacco product manufacturer shall maintain all	12803
invoices and documentations of sales and other information relied	12804
upon for its certification for a period of at least five years.	12805

(B)(1) Except as otherwise provided in division (B)(3) of	12806
this section, the attorney general shall develop and publish on	12807
its web site a directory listing all tobacco product manufacturers	12808
that have provided current and accurate certifications under	12809
division (A) of this section and all brand families listed in	12810
those certifications.	12811

(2)(a) The attorney general shall update the directory as	12812
necessary to correct mistakes or to add or remove a tobacco	12813
product manufacturer or brand family to keep the directory in	12814
conformity with the requirements of this section. At least ten	12815
days before any tobacco product manufacturer or brand family is	12816
added to or removed from the directory, the attorney general shall	12817
publish notice of the pending addition or removal online in the	12818
directory and shall notify the tax commissioner of those pending	12819
changes. At least ten days before such addition or removal, the	12820
tax commissioner shall transmit by electronic mail or other	12821
practicable means to each stamping agent notice of the pending	12822
addition or removal.	12823

(b) Unless an agreement between a stamping agent and a	12824
tobacco product manufacturer provides otherwise, a tobacco product	12825
manufacturer that is removed from the directory or whose brand	12826
family is removed from the directory shall refund to the stamping	12827
agent any money paid by the stamping agent to the tobacco product	12828
manufacturer for cigarettes of that tobacco product manufacturer	12829
that are in the possession of the stamping agent at the time the	12830
stamping agent receives notice of the pending removal of the	12831
tobacco product manufacturer or a brand family of that tobacco	12832
product manufacturer from the directory under division (B)(2)(a)	12833
of this section.	12834

(c) The tax commissioner shall notify the attorney general of	12835
any tobacco product manufacturer that fails to refund money to a	12836
stamping agent under division (B)(2)(b) of this section. The	12837
attorney general shall not restore to the directory any tobacco	12838
product manufacturer or brand family of a tobacco product	12839
manufacturer until the tobacco product manufacturer has paid the	12840
stamping agent any required refund. Once a required refund has	12841
been so paid, the tax commissioner shall notify the attorney	12842
general of that payment.	12843

(3) The attorney general shall not include or retain in the	12844
directory a nonparticipating manufacturer or a brand family of a	12845
nonparticipating manufacturer if any of the following applies:	12846

(a) The nonparticipating manufacturer fails to provide the	12847
required certification under this section, or the attorney general	12848
determines that the certification is not in compliance with the	12849
requirements of this section, unless the attorney general	12850
determines that the violation has been cured to the attorney	12851
general's satisfaction.	12852

(b) The attorney general determines that any escrow payment	12853
required under section 1346.02 of the Revised Code for any period	12854
for any brand family of the nonparticipating manufacturer,	12855
regardless of whether the brand family is listed by the	12856
nonparticipating manufacturer in its certification under this	12857
section, has not been fully paid into a qualified escrow fund	12858
governed by a qualified escrow agreement that has been approved by	12859
the attorney general.	12860

(c) The attorney general determines that the nonparticipating	12861
manufacturer has not fully satisfied any outstanding final	12862
judgment, including interest, for a violation of section 1346.02	12863
of the Revised Code.	12864

(4) Each stamping agent shall provide an electronic mail	12865
address to the tax commissioner for the purpose of receiving	12866
notifications under division (B)(2) of this section. As necessary,	12867
each stamping agent shall update the agent's electronic mail	12868
address with the tax commissioner.	12869

(C)(1) No person shall do any of the following:

12870

(a) Affix a tax stamp to a package or other container of	12871
cigarettes of a tobacco product manufacturer or a brand family	12872
that is not included in the directory;	12873

(b) Sell, offer for sale, or possess for sale in this state	12874
cigarettes of a tobacco product manufacturer or a brand family	12875
that is not included in the directory;	12876

(c) Sell or distribute cigarettes that have had a tax stamp	12877
affixed while the tobacco product manufacturer or brand family of	12878
those cigarettes was not included in the directory;	12879

(d) Acquire, hold, own, possess, transport, import, or cause	12880
to be imported cigarettes that the person knows or should know are	12881
intended for distribution or sale in this state and that have had	12882
a tax stamp affixed while the tobacco product manufacturer or	12883
brand family of those cigarettes was not included in the	12884
directory;	12885

(e) Acquire, hold, own, possess, transport, import, or cause	12886
to be imported cigarettes that the person knows or should know are	12887
intended for distribution or sale in this state and that are the	12888
cigarettes of a tobacco product manufacturer or a brand family	12889
that is not included in the directory.	12890

(2) Except as otherwise provided in this division, a	12891
violation of division (C)(1) of this section is a misdemeanor of	12892
the first degree. If the offender has a previous conviction for a	12893
violation of that division, a violation of division (C)(1) of this	12894
section is a felony of the fourth degree.	12895

(3) Any cigarettes sold, offered for sale, or possessed for	12896
sale in violation of division (C)(1) of this section shall be	12897
considered contraband under section 5743.21 of the Revised Code,	12898
and those cigarettes shall be subject to seizure and forfeiture	12899
under that section. Cigarettes so seized and forfeited shall not	12900
be resold and shall be destroyed.	12901

Sec. 1346.06. (A)(1) Any nonresident or foreign	12902
nonparticipating manufacturer that has not registered to do	12903
business in the state as a foreign corporation or business entity,	12904
as a condition precedent to having its brand families included or	12905
retained in the directory developed and published by the attorney	12906
general under section 1346.05 of the Revised Code, shall appoint,	12907
and continually engage without interruption the services of, an	12908
agent in the state to act as agent for the service, in any manner	12909
authorized by law, of all process pertaining to any action or	12910
proceeding in the courts of this state against the manufacturer	12911
concerning or arising out of the enforcement of this chapter.	12912

(2) Service on a nonparticipating manufacturer's agent shall	12913
constitute legal and valid service of process on the manufacturer.	12914

(3) A nonparticipating manufacturer shall provide the	12915
attorney general, to the satisfaction of the attorney general,	12916
with proof of the appointment of, and notice of the name, address,	12917
telephone number, and availability of, the manufacturer's agent.	12918

(B)(1) If a nonparticipating manufacturer decides to	12919
terminate its agent's appointment, the manufacturer shall provide	12920
notice of the termination to the attorney general thirty calendar	12921
days prior to the termination and shall provide proof, to the	12922
satisfaction of the attorney general, of the appointment of a new	12923
agent not less than five calendar days prior to the termination.	12924

(2) If a nonparticipating manufacturer's agent terminates the	12925
agent's appointment, the manufacturer shall provide notice of the	12926
termination to the attorney general and include proof, to the	12927
satisfaction of the attorney general, of the appointment of a new	12928
agent within five calendar days of the termination.	12929

(C)(1) Any nonparticipating manufacturer whose cigarettes are	12930
sold in the state and who has not appointed and continually	12931
engaged an agent in accordance with divisions (A) and (B) of this	12932
section shall be deemed to have appointed the secretary of state	12933
as the manufacturer's agent and may be proceeded against in any	12934
action or proceeding in the courts of the state described in	12935
division (A) of this section by service of process on the	12936
secretary of state.	12937

(2) The deemed appointment of the secretary of state as a	12938
nonparticipating manufacturer's agent does not satisfy the	12939
requirements of divisions (A)(3)(b) and (B)(1) of section 1346.05	12940
of the Revised Code that a nonparticipating manufacturer that has	12941
not registered to do business in the state shall appoint an agent	12942
for service of process as a condition precedent to the existence	12943
of an accurate certification permitting the manufacturer's brand	12944
families to be included or retained in the directory.	12945

Sec. 1346.07. (A) Not later than the last day of each month	12946
or less frequently if so directed by the tax commissioner, each	12947
stamping agent shall submit information for the previous month or	12948
for the relevant time period, if directed by the tax commissioner	12949
to make the submission less frequently, which the tax commissioner	12950
requires to facilitate compliance with sections 1346.05 to 1346.10	12951
of the Revised Code. The information shall include, but is not	12952
limited to, a list by brand family of the total number of	12953
cigarettes, or, in the case of roll-your-own, the equivalent stick	12954
count, for which the stamping agent during the period covered by	12955
the report affixed stamps or otherwise paid the tax due.	12956

The stamping agent shall maintain and make available to the	12957
tax commissioner all invoices and documentations of sales of all	12958
nonparticipating manufacturer cigarettes and any other information	12959
the agent relies upon in submitting information under this	12960
division to the tax commissioner. This duty shall be for a period	12961
of five years from the date of each submission of information	12962
under this division.	12963

(B) The attorney general at any time may require a	12964
nonparticipating manufacturer to provide proof, from the financial	12965
institution in which the manufacturer has established a qualified	12966
escrow fund under section 1346.02 of the Revised Code, of the	12967
amount of money in the fund, exclusive of interest, the amount and	12968
date of each deposit in the fund, and the amount and date of each	12969
withdrawal from the fund.	12970

(C) In addition to the information required to be submitted	12971
or provided to the tax commissioner and the attorney general under	12972
divisions (A) and (B) of this section, the attorney general may	12973
require a stamping agent or tobacco product manufacturer to submit	12974
any additional information necessary to enable the attorney	12975
general to determine whether a manufacturer is in compliance with	12976
sections 1346.05 to 1346.10 of the Revised Code. The information	12977
shall include, but is not limited to, samples of the packaging or	12978
labeling of each brand family.	12979

(D) The tax commissioner and the attorney general shall share	12980
information received under sections 1346.05 to 1346.10 of the	12981
Revised Code for purposes of determining compliance with and	12982
enforcement of those sections. The tax commissioner and the	12983
attorney general also may share information received under these	12984
sections with federal, state, or local agencies for purposes of	12985
the enforcement of this chapter or corresponding laws of other	12986
states.	12987

Sec. 1346.08. (A) The tax commissioner and the attorney	12988
general may adopt administrative rules necessary to implement	12989
sections 1346.05 to 1346.10 of the Revised Code.	12990

(B) Subject to the requirements of section 1346.05 of the	12991
Revised Code, the attorney general may adopt an administrative	12992
rule requiring a tobacco product manufacturer to make required	12993
escrow deposits in quarterly installments during the year in which	12994
the sales covered by the deposits are made. If the attorney	12995
general adopts such a rule, the tax commissioner may require a	12996
tobacco product manufacturer or a stamping agent to produce	12997
information sufficient to enable the tax commissioner and the	12998
attorney general to determine the adequacy of the amount of an	12999
installment deposit.	13000

Sec. 1346.09. (A) The attorney general, on behalf of the tax	13001
commissioner, may seek an injunction to restrain a threatened or	13002
actual violation of division (C)(1) of section 1346.05 of the	13003
Revised Code or division (A) or (C) of section 1346.07 of the	13004
Revised Code by a stamping agent and to compel the stamping agent	13005
to comply with those divisions.	13006

(B) In any action brought by the state to enforce sections	13007
1346.05 to 1346.10 of the Revised Code, the state shall be	13008
entitled to recover the costs of the investigation, expert witness	13009
fees, court costs, and reasonable attorney's fees.	13010

(C) If a court determines that a person has violated any	13011
prohibition or other provision of sections 1346.05 to 1346.10 of	13012
the Revised Code, the court shall order that the person's profits,	13013
gain, gross receipts, or other benefit from the violation be	13014
disgorged and paid to the general revenue fund of the state.	13015

(D) Unless otherwise expressly provided, the remedies or	13016
penalties provided by this chapter are cumulative to each other	13017
and to the remedies or penalties available under all other laws of	13018
the state.	13019

Sec. 1346.10. (A) In lieu of or in addition to any other	13020
remedy provided by law, upon a determination that a stamping agent	13021
has violated division (C)(1) of section 1346.05 of the Revised	13022
Code or any administrative rule adopted under sections 1346.05 to	13023
1346.10 of the Revised Code, the tax commissioner may revoke the	13024
license of the stamping agent in the manner provided by section	13025
5743.18 of the Revised Code.	13026

(B) For each violation of division (C)(1) of section 1346.05	13027
of the Revised Code, in addition to any other penalty provided by	13028
law, the tax commissioner may impose a fine in an amount not to	13029
exceed the greater of five hundred per cent of the retail value of	13030
the cigarettes involved or five thousand dollars. The fine shall	13031
be imposed in the manner provided by section 5743.081 of the	13032
Revised Code.	13033

For the purpose of this division, each stamp affixed to a	13034
package of cigarettes and each sale or offer for sale of	13035
cigarettes in violation of division (C)(1) of section 1346.05 of	13036
the Revised Code shall constitute a separate violation.	13037

Sec. 1501.04. There is hereby created in the department of	13038
natural resources a recreation and resources commission composed	13039
of the ~~chairman~~chairperson of the wildlife council created under	13040
section 1531.03 of the Revised Code, the ~~chairman~~chairperson of	13041
the parks and recreation council created under section 1541.40 of	13042
the Revised Code, the ~~chairman~~chairperson of the waterways safety	13043
council created under section 1547.73 of the Revised Code, the	13044
~~chairman~~chairperson of the technical advisory council on oil and	13045
gas created under section 1509.38 of the Revised Code, the	13046
chairman of the forestry advisory council created under section	13047
1503.40 of the Revised Code, the ~~chairman~~chairperson of the Ohio	13048
soil and water conservation commission created under section	13049
1515.02 of the Revised Code, the ~~chairman~~chairperson of the Ohio	13050
natural areas council created under section 1517.03 of the Revised	13051
Code, the ~~chairman~~chairperson of the Ohio water advisory council	13052
created under section 1521.031 of the Revised Code, the	13053
chairperson of the recycling and litter prevention advisory	13054
council created under section 1502.04 of the Revised Code, ~~the~~	13055
~~chairperson of the civilian conservation advisory council created~~	13056
~~under section 1553.10 of the Revised Code,~~ the ~~chairman~~	13057
chairperson of the Ohio geology advisory council created under	13058
section 1505.11 of the Revised Code, and five members appointed by	13059
the governor with the advice and consent of the senate, not more	13060
than three of whom shall belong to the same political party. The	13061
director of natural resources shall be an ex officio member of the	13062
commission, with a voice in its deliberations, but without the	13063
power to vote.	13064

Terms of office of members of the commission appointed by the	13065
governor shall be for five years, commencing on the second day of	13066
February and ending on the first day of February. Each member	13067
shall hold office from the date of ~~his~~ appointment until the end	13068
of the term for which hethe member was appointed.	13069

In the event of the death, removal, resignation, or	13070
incapacity of a member of the commission, the governor, with the	13071
advice and consent of the senate, shall appoint a successor who	13072
shall hold office for the remainder of the term for which ~~his~~the	13073
member's predecessor was appointed. Any member shall continue in	13074
office subsequent to the expiration date of ~~his~~the member's term	13075
until ~~his~~the member's successor takes office, or until a period	13076
of sixty days has elapsed, whichever occurs first.	13077

The governor may remove any appointed member of the	13078
commission for misfeasance, nonfeasance, or malfeasance in office.	13079

The commission shall exercise no administrative function, but	13080
may:	13081

(A) Advise with and recommend to the director ~~of natural~~	13082
~~resources~~ as to plans and programs for the management,	13083
development, utilization, and conservation of the natural	13084
resources of the state;	13085

(B) Advise with and recommend to the director as to methods	13086
of coordinating the work of the divisions of the department;	13087

(C) Consider and make recommendations upon any matter ~~which~~	13088
that the director may submit to it;	13089

(D) Submit to the governor biennially recommendations for	13090
amendments to the conservation laws of the state.	13091

~~Before~~Each member of the commission, before entering upon	13092
the discharge of ~~his~~the member's duties, ~~each member of the~~	13093
~~commission~~ shall take and subscribe to an oath of office, which	13094
oath, in writing, shall be filed in the office of the secretary of	13095
state.	13096

The members of the commission shall serve without	13097
compensation, but shall be entitled to receive their actual and	13098
necessary expenses incurred in the performance of their official	13099
duties.	13100

The commission, by a majority vote of all its members, shall	13101
adopt and amend bylaws.	13102

To be eligible for appointment, a person shall be a citizen	13103
of the United States and an elector of the state and shall possess	13104
a knowledge of and have an interest in the natural resources of	13105
this state.	13106

The commission shall hold at least four regular quarterly	13107
meetings each year. Special meetings shall be held at such times	13108
as the bylaws of the commission provide. Notices of all meetings	13109
shall be given in such manner as the bylaws provide. The	13110
commission shall choose annually from among its members a ~~chairman~~	13111
chairperson to preside over its meetings and a secretary to keep a	13112
record of its proceedings. A majority of the members of the	13113
commission constitutes a quorum. No advice shall be given or	13114
recommendation made without a majority of the members of the	13115
commission concurring therein.	13116

Sec. 1501.25. (A) There is hereby created the Muskingum	13117
river advisory council consisting of the following members:	13118

(1) Two members of the house of representatives, one from	13119
each party to be appointed by the speaker of the house of	13120
representatives after conferring with the minority leader of the	13121
house, and two members of the senate, one from each party to be	13122
appointed by the president of the senate after conferring with the	13123
minority leader of the senate;	13124

(2) Four persons interested in the development of	13125
recreational and commercial uses of the Muskingum river, to be	13126
appointed by the governor;	13127

(3) Two representatives of the department of natural	13128
resources to be appointed by the director of natural resources,	13129
one representative of the department of development to be	13130
appointed by the director of development, one representative of	13131
the environmental protection agency to be appointed by the	13132
director of environmental protection, one representative of the	13133
department of transportation to be appointed by the director of	13134
transportation, and one representative of the Ohio historical	13135
society to be appointed by the director of the society;	13136

(4) Twelve persons to be appointed from the four counties	13137
through which the Muskingum river flows, who shall be appointed in	13138
the following manner. The board of county commissioners of	13139
Coshocton county shall appoint two members, and the mayor of the	13140
city of Coshocton shall appoint one member. The board of county	13141
commissioners of Muskingum county shall appoint two members, and	13142
the mayor of the city of Zanesville shall appoint one member. The	13143
board of county commissioners of Morgan county shall appoint two	13144
members, and the mayor of the city of McConnelsville shall appoint	13145
one member. The board of county commissioners of Washington county	13146
shall appoint two members, and the mayor of the city of Marietta	13147
shall appoint one member.	13148

(5) One member representing the Muskingum watershed	13149
conservancy district, to be appointed by the board of directors of	13150
the district.	13151

Members shall serve at the pleasure of their appointing	13152
authority. Vacancies shall be filled in the manner of the original	13153
appointment.	13154

The council biennially shall elect from among its members a	13155
chairperson and a vice-chairperson. One of the representatives of	13156
the department of natural resources shall serve as secretary of	13157
the council unless a majority of the members elect another member	13158
to that position. The council shall meet at least once each year	13159
for the purpose of taking testimony from residents of the	13160
Muskingum river area, users of the river and adjacent lands, and	13161
the general public and may hold additional meetings at the call of	13162
the chairperson.	13163

The chairperson may appoint members of the council and other	13164
persons to committees and study groups as needed.	13165

The council shall submit an annual report to the general	13166
assembly, the governor, and the director of natural resources. The	13167
report shall include, without limitation, a description of the	13168
conditions of the Muskingum river area, a discussion of the	13169
council's activities, any recommendations for actions by the	13170
general assembly or any state agency that the council determines	13171
are needed, and estimates of the costs of those recommendations.	13172

The department of natural resources shall provide staff	13173
assistance to the council as needed.	13174

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

13175

(1) Provide coordination among political subdivisions, state	13176
agencies, and federal agencies involved in dredging, debris	13177
removal or disposal, and recreational, commercial, tourism, and	13178
economic development;	13179

(2) Provide aid to civic groups and individuals who want to	13180
make improvements to the Muskingum river if the council determines	13181
that the improvements would be beneficial to the residents of the	13182
area and to the state;	13183

(3) Provide information and planning aid to state and local	13184
agencies responsible for historic, commercial, and recreational	13185
development of the Muskingum river area, including, without	13186
limitation, suggestions as to priorities for pending Muskingum	13187
river projects of the department of natural resources;	13188

(4) Provide updated information to the United States army	13189
corps of engineers, the department of natural resources, and the	13190
Muskingum conservancy district established under Chapter 6101. of	13191
the Revised Code concerning potential hazards to flood control or	13192
navigation, erosion problems, debris accumulation, and	13193
deterioration of locks or dams.	13194

Sec. 1503.05. (A) The chief of the division of forestry may	13195
sell timber and other forest products from the state forest and	13196
state forest nurseries whenever the chief considers such a sale	13197
desirable and, with the approval of the attorney general and the	13198
director of natural resources, may sell portions of the state	13199
forest lands when such a sale is advantageous to the state.	13200

(B) Except as otherwise provided in this section, a timber	13201
sale agreement shall not be executed unless the person or	13202
governmental entity bidding on the sale executes and files a	13203
surety bond conditioned on completion of the timber sale in	13204
accordance with the terms of the agreement in an amount equal to	13205
twenty-five per cent of the highest value cutting section. All	13206
bonds shall be given in a form prescribed by the chief and shall	13207
run to the state as obligee.	13208

The chief shall not approve any bond until it is personally	13209
signed and acknowledged by both principal and surety, or as to	13210
either by the attorney in fact thereof, with a certified copy of	13211
the power of attorney attached. The chief shall not approve the	13212
bond unless there is attached a certificate of the superintendent	13213
of insurance that the company is authorized to transact a fidelity	13214
and surety business in this state.	13215

In lieu of a bond, the bidder may deposit any of the	13216
following:	13217

(1) Cash in an amount equal to the amount of the bond;

13218

(2) United States government securities having a par value	13219
equal to or greater than the amount of the bond;	13220

(3) Negotiable certificates of deposit or irrevocable letters	13221
of credit issued by any bank organized or transacting business in	13222
this state having a par value equal to or greater than the amount	13223
of the bond.	13224

The cash or securities shall be deposited on the same terms	13225
as bonds. If one or more certificates of deposit are deposited in	13226
lieu of a bond, the chief shall require the bank that issued any	13227
of the certificates to pledge securities of the aggregate market	13228
value equal to the amount of the certificate or certificates that	13229
is in excess of the amount insured by the federal deposit	13230
insurance corporation. The securities to be pledged shall be those	13231
designated as eligible under section 135.18 of the Revised Code.	13232
The securities shall be security for the repayment of the	13233
certificate or certificates of deposit.	13234

Immediately upon a deposit of cash, securities, certificates	13235
of deposit, or letters of credit, the chief shall deliver them to	13236
the treasurer of state, who shall hold them in trust for the	13237
purposes for which they have been deposited. The treasurer of	13238
state is responsible for the safekeeping of the deposits. A bidder	13239
making a deposit of cash, securities, certificates of deposit, or	13240
letters of credit may withdraw and receive from the treasurer of	13241
state, on the written order of the chief, all or any portion of	13242
the cash, securities, certificates of deposit, or letters of	13243
credit upon depositing with the treasurer of state cash, other	13244
United States government securities, or other negotiable	13245
certificates of deposit or irrevocable letters of credit issued by	13246
any bank organized or transacting business in this state, equal in	13247
par value to the par value of the cash, securities, certificates	13248
of deposit, or letters of credit withdrawn.	13249

A bidder may demand and receive from the treasurer of state	13250
all interest or other income from any such securities or	13251
certificates as it becomes due. If securities so deposited with	13252
and in the possession of the treasurer of state mature or are	13253
called for payment by their issuer, the treasurer of state, at the	13254
request of the bidder who deposited them, shall convert the	13255
proceeds of the redemption or payment of the securities into other	13256
United States government securities, negotiable certificates of	13257
deposit, or cash as the bidder designates.	13258

When the chief finds that a person or governmental agency has	13259
failed to comply with the conditions of the person's or	13260
governmental agency's bond, the chief shall make a finding of that	13261
fact and declare the bond, cash, securities, certificates, or	13262
letters of credit forfeited. The chief thereupon shall certify the	13263
total forfeiture to the attorney general, who shall proceed to	13264
collect the amount of the bond, cash, securities, certificates, or	13265
letters of credit.	13266

In lieu of total forfeiture, the surety, at its option, may	13267
cause the timber sale to be completed or pay to the treasurer of	13268
state the cost thereof.	13269

All moneys collected as a result of forfeitures of bonds,	13270
cash, securities, certificates, and letters of credit under this	13271
section shall be credited to the state forest fund created in this	13272
section.	13273

(C) The chief may grant easements and leases on portions of	13274
the state forest lands and state forest nurseries under terms that	13275
are advantageous to the state, and the chief may grant mineral	13276
rights on a royalty basis on those lands and nurseries, with the	13277
approval of the attorney general and the director.	13278

(D) All moneys received from the sale of state forest lands,	13279
or in payment for easements or leases on or as rents from those	13280
lands or from state forest nurseries, shall be paid into the state	13281
treasury to the credit of the state forest fund, which is hereby	13282
created. All moneys received from the sale of standing timber	13283
taken from the state forest lands shall be deposited into the	13284
state treasury. Twenty-five per cent of the moneys so deposited	13285
shall be credited to the state forest fund. Seventy-five per cent	13286
of the moneys so deposited shall be credited to the general	13287
revenue fund. All moneys received from the sale of forest	13288
products, other than standing timber, and minerals taken from the	13289
state forest lands and state forest nurseries, together with	13290
royalties from mineral rights, shall be paid into the state	13291
treasury to the credit of the state forest fund.	13292

At the time of making such a ~~payment or~~ deposit into the	13293
state treasury to the credit of the general revenue fund, the	13294
chief shall determine the amount and ~~gross~~net value of all such	13295
~~products~~standing timber sold ~~or royalties received~~ from lands and	13296
nurseries in each county, in each township within the county, and	13297
in each school district within the county. Afterward the chief	13298
shall send to each county treasurer a copy of the determination	13299
and shall provide for payment to the county treasurer, for the use	13300
of the general fund of that county from the amount so received as	13301
provided in this division, an amount equal to ~~eighty~~sixty-five	13302
per cent of the ~~gross~~net value of the ~~products~~standing timber	13303
sold ~~or royalties received~~ from lands and nurseries located in	13304
that county. The county auditor shall do all of the following:	13305

(1) Retain for the use of the general fund of the county	13306
one-fourth of the amount received by the county under division (D)	13307
of this section;	13308

(2) Pay into the general fund of any township located within	13309
the county and containing such lands and nurseries one-fourth of	13310
the amount received by the county from ~~products~~standing timber	13311
sold ~~or royalties received~~ from lands and nurseries located in the	13312
township;	13313

(3) Request the board of education of any school district	13314
located within the county and containing such lands and nurseries	13315
to identify which fund or funds of the district should receive the	13316
moneys available to the school district under division (D)(3) of	13317
this section. After receiving notice from the board, the county	13318
auditor shall pay into the fund or funds so identified one-half of	13319
the amount received by the county from ~~products~~standing timber	13320
sold ~~or royalties received~~ from lands and nurseries located in the	13321
school district, distributed proportionately as identified by the	13322
board.	13323

The division of forestry shall not supply logs, lumber, or	13324
other forest products or minerals, taken from the state forest	13325
lands or state forest nurseries, to any other agency or	13326
subdivision of the state unless payment is made therefor in the	13327
amount of the actual prevailing value thereof. This section is	13328
applicable to the moneys so received. All moneys received from the	13329
sale of reforestation tree stock or other revenues derived from	13330
the operation of the state forests, facilities, or equipment shall	13331
be paid into the state forest fund.	13332

The fund shall not be expended for any purpose other than the	13333
administration, operation, maintenance, development, or	13334
utilization of the state forests, forest nurseries, and forest	13335
programs, for facilities or equipment incident to them, or for the	13336
further purchase of lands for state forest or forest nursery	13337
purposes.	13338

Sec. 1513.05. There is hereby created a reclamation	13339
commission consisting of seven members appointed by the governor	13340
with the advice and consent of the senate. For the purposes of	13341
hearing appeals under section 1513.13 of the Revised Code that	13342
involve mine safety issues, the reclamation commission shall	13343
consist of two additional members appointed specifically for that	13344
function by the governor with the advice and consent of the	13345
senate. All terms of office shall be for five years, commencing on	13346
the twenty-ninth day of June and ending on the twenty-eighth day	13347
of June. Each member shall hold office from the date of	13348
appointment until the end of the term for which the appointment	13349
was made. Each vacancy occurring on the commission shall be filled	13350
by appointment within sixty days after the vacancy occurs. Any	13351
member appointed to fill a vacancy occurring prior to the	13352
expiration of the term for which the member's predecessor was	13353
appointed shall hold office for the remainder of such term. Any	13354
member shall continue in office subsequent to the expiration date	13355
of the member's term until the member's successor takes office, or	13356
until a period of sixty days has elapsed, whichever occurs first.	13357

Two of the appointees to the commission shall be persons who,	13358
at the time of their appointment, own and operate a farm or are	13359
retired farmers. Notwithstanding section 1513.04 of the Revised	13360
Code, one of the appointees to the commission shall be a person	13361
who, at the time of appointment, is the representative of an	13362
operator of a coal mine. One of the appointees to the commission	13363
shall be a person who, by reason of the person's previous	13364
vocation, employment, or affiliations, can be classed as a	13365
representative of the public. One of the appointees to the	13366
commission shall be a person who, by reason of previous training	13367
and experience, can be classed as one learned and experienced in	13368
modern forestry practices. One of the appointees to the commission	13369
shall be a person who, by reason of previous training and	13370
experience, can be classed as one learned and experienced in	13371
agronomy. One of the appointees to the commission shall be either	13372
a person who, by reason of previous training and experience, can	13373
be classed as one capable and experienced in earth-grading	13374
problems, or a civil engineer. Beginning not later than five years	13375
after the effective date of this amendment, at least one of the	13376
seven appointees to the commission shall be an attorney at law who	13377
is admitted to practice in this state and is familiar with mining	13378
issues. Not more than four members shall be members of the same	13379
political party.	13380

The two additional members of the commission who are	13381
appointed specifically to hear appeals that involve mine safety	13382
issues shall be individuals who, because of previous vocation,	13383
employment, or affiliation, can be classified as representatives	13384
of employees currently engaged in mining operations. One shall be	13385
a representative of coal miners, and one shall be a representative	13386
of aggregates miners. Prior to making the appointment, the	13387
governor shall request the highest ranking officer in the major	13388
employee organization representing coal miners in this state to	13389
submit to the governor the names and qualifications of three	13390
nominees and shall request the highest ranking officer in the	13391
major employee organization representing aggregates miners in this	13392
state to do the same. The governor shall appoint one person	13393
nominated by each organization to the commission. The nominees	13394
shall have not less than five years of practical experience in	13395
dealing with mine health and safety issues and at the time of the	13396
nomination shall be employed in positions that involve the	13397
protection of the health and safety of miners. The major employee	13398
organization representing coal miners and the major employee	13399
organization representing aggregates miners shall represent a	13400
membership consisting of the largest number of coal miners and	13401
aggregates miners, respectively, in this state compared to other	13402
employee organizations in the year prior to the year in which the	13403
appointments are made.	13404

When the commission hears an appeal that involves a coal	13405
mining safety issue, one of the commission members who owns and	13406
operates a farm or is a retired farmer shall be replaced by the	13407
additional member who is a representative of coal miners. When the	13408
commission hears an appeal that involves an aggregates mining	13409
safety issue, one of the commission members who owns and operates	13410
a farm or is a retired farmer shall be replaced by the additional	13411
member who is a representative of aggregates miners. Neither of	13412
the additional members who are appointed specifically to hear	13413
appeals that involve mine safety issues shall be considered to be	13414
members of the commission for any other purpose, and they shall	13415
not participate in any other matters that come before the	13416
commission.	13417

The commission may appoint a secretary to hold office at its	13418
pleasure. A commission member may serve as secretary. The	13419
secretary shall perform such duties as the commission prescribes,	13420
and shall receive such compensation as the commission fixes in	13421
accordance with such schedules as are provided by law for the	13422
compensation of state employees.	13423

The commission shall appoint one or more hearing officers who	13424
shall be attorneys at law admitted to practice in this state to	13425
conduct hearings under this chapter.	13426

Four members constitute a quorum, and no action of the	13427
commission shall be valid unless it has the concurrence of at	13428
least four members. The commission shall keep a record of its	13429
proceedings.	13430

Each member shall be paid as compensation for work as a	13431
member one hundred fifty dollars per day when actually engaged in	13432
the performance of work as a member and when engaged in travel	13433
necessary in connection with such work. In addition to such	13434
compensation each member shall be reimbursed for all traveling,	13435
hotel, and other expenses, in accordance with the current travel	13436
rules of the office of budget and management, necessarily incurred	13437
in the performance of the member's work as a member.	13438

Annually one member shall be elected as chairperson and	13439
another member shall be elected as vice-chairperson for terms of	13440
one year.	13441

The governor may remove any member of the commission from	13442
office for inefficiency, neglect of duty, malfeasance,	13443
misfeasance, or nonfeasance, after delivering to the member the	13444
charges against the member in writing with at least ten days'	13445
written notice of the time and place at which the governor will	13446
publicly hear the member, either in person or by counsel, in	13447
defense of the charges against the member. If the member is	13448
removed from office, the governor shall file in the office of the	13449
secretary of state a complete statement of the charges made	13450
against the member and a complete report of the proceedings. The	13451
action of the governor removing a member from office is final.	13452

The commission shall adopt rules governing procedure of	13453
appeals under section 1513.13 of the Revised Code and may, for its	13454
own internal management, adopt rules that do not affect private	13455
rights.	13456

Sec. 1515.08. The supervisors of a soil and water	13457
conservation district have the following powers in addition to	13458
their other powers:	13459

(A) To conduct surveys, investigations, and research relating	13460
to the character of soil erosion, floodwater and sediment damages,	13461
and the preventive and control measures and works of improvement	13462
for flood prevention and the conservation, development,	13463
utilization, and disposal of water needed within the district, and	13464
to publish the results of those surveys, investigations, or	13465
research, provided that no district shall initiate any research	13466
program except in cooperation or after consultation with the Ohio	13467
agricultural research and development center;	13468

(B) To develop plans for the conservation of soil resources,	13469
for the control and prevention of soil erosion, and for works of	13470
improvement for flood prevention and the conservation,	13471
development, utilization, and disposal of water within the	13472
district, and to publish those plans and information;	13473

(C) To implement, construct, repair, maintain, and operate	13474
preventive and control measures and other works of improvement for	13475
natural resource conservation and development and flood	13476
prevention, and the conservation, development, utilization, and	13477
disposal of water within the district on lands owned or controlled	13478
by this state or any of its agencies and on any other lands within	13479
the district, which works may include any facilities authorized	13480
under state or federal programs, and to acquire, by purchase or	13481
gift, to hold, encumber, or dispose of, and to lease real and	13482
personal property or interests in such property for those	13483
purposes;	13484

(D) To cooperate or enter into agreements with any occupier	13485
of lands within the district in the carrying on of natural	13486
resource conservation operations and works of improvement for	13487
flood prevention and the conservation, development, utilization,	13488
and management of natural resources within the district, subject	13489
to such conditions as the supervisors consider necessary;	13490

(E) To accept donations, gifts, grants, and contributions in	13491
money, service, materials, or otherwise, and to use or expend them	13492
according to their terms;	13493

(F) To adopt, amend, and rescind rules to carry into effect	13494
the purposes and powers of the district;	13495

(G) To sue and plead in the name of the district, and be sued	13496
and impleaded in the name of the district, with respect to its	13497
contracts and, as indicated in section 1515.081 of the Revised	13498
Code, certain torts of its officers, employees, or agents acting	13499
within the scope of their employment or official responsibilities,	13500
or with respect to the enforcement of its obligations and	13501
covenants made under this chapter;	13502

(H) To make and enter into all contracts, leases, and	13503
agreements and execute all instruments necessary or incidental to	13504
the performance of the duties and the execution of the powers of	13505
the district under this chapter, provided that all of the	13506
following apply:	13507

(1) Except as provided in section 307.86 of the Revised Code	13508
regarding expenditures by boards of county commissioners, when the	13509
cost under any such contract, lease, or agreement, other than	13510
compensation for personal services or rental of office space,	13511
involves an expenditure of more than the amount established in	13512
that section regarding expenditures by boards of county	13513
commissioners, the supervisors shall make a written contract with	13514
the lowest and best bidder after advertisement, for not less than	13515
two nor more than four consecutive weeks preceding the day of the	13516
opening of bids, in a newspaper of general circulation within the	13517
district and in such other publications as the supervisors	13518
determine. The notice shall state the general character of the	13519
work and materials to be furnished, the place where plans and	13520
specifications may be examined, and the time and place of	13521
receiving bids.	13522

(2) Each bid for a contract shall contain the full name of	13523
every person interested in it.	13524

(3) Each bid for a contract for the construction, demolition,	13525
alteration, repair, or reconstruction of an improvement shall meet	13526
the requirements of section 153.54 of the Revised Code.	13527

(4) Each bid for a contract, other than a contract for the	13528
construction, demolition, alteration, repair, or reconstruction of	13529
an improvement, at the discretion of the supervisors, may be	13530
accompanied by a bond or certified check on a solvent bank in an	13531
amount not to exceed five per cent of the bid, conditioned that,	13532
if the bid is accepted, a contract shall be entered into.	13533

(5) The supervisors may reject any and all bids.

13534

(I) To make agreements with the department of natural	13535
resources giving it control over lands of the district for the	13536
purpose of construction of improvements by the department under	13537
section 1501.011 of the Revised Code;	13538

(J) To charge, alter, and collect rentals and other charges	13539
for the use or services of any works of the district;	13540

(K) To enter, either in person or by designated	13541
representatives, upon lands, private or public, in the necessary	13542
discharge of their duties;	13543

(L) To enter into agreements or contracts with the department	13544
for the determination, implementation, inspection, and funding of	13545
agricultural pollution abatement and urban sediment pollution	13546
abatement measures whereby landowners, operators, managers, and	13547
developers may meet adopted state standards for a quality	13548
environment, except that failure of a district board of	13549
supervisors to negotiate an agreement or contract with the	13550
department shall authorize the division of soil and water	13551
conservation to implement the required program;	13552

(M) To conduct demonstrations and provide information to the	13553
public regarding practices and methods for natural resource	13554
conservation, development, and utilization;	13555

(N) Until June 1, 1996, to conduct surveys and investigations	13556
relating to the incidence of the multiflora rose within the	13557
district and of the nature and extent of the adverse effects of	13558
the multiflora rose on agriculture, forestry, recreation, and	13559
other beneficial land uses;	13560

(O) Until June 1, 1996, to develop plans for the control of	13561
the multiflora rose within the district and to publish those plans	13562
and information related to control of the multiflora rose;	13563

(P) Until June 1, 1996, to enter into contracts or agreements	13564
with the chief of the division of soil and water conservation to	13565
implement and administer a program for control of the multiflora	13566
rose and to receive and expend funds provided by the chief for	13567
that purpose;	13568

(Q) Until June 1, 1996, to enter into cost-sharing agreements	13569
with landowners for control of the multiflora rose. Before	13570
entering into any such agreement, the board of supervisors shall	13571
determine that the landowner's application meets the eligibility	13572
criteria established under division (E)(6) of section 1511.02 of	13573
the Revised Code. The cost-sharing agreements shall contain the	13574
contract provisions required by the rules adopted under that	13575
division and such other provisions as the board of supervisors	13576
considers appropriate to ensure effective control of the	13577
multiflora rose.	13578

(R) To enter into contracts or agreements with the chief to	13579
implement and administer a program for urban sediment pollution	13580
abatement and to receive and expend moneys provided by the chief	13581
for that purpose;	13582

(S) To develop operation and management plans, as defined in	13583
section 1511.01 of the Revised Code, as necessary;	13584

(T) To determine whether operation and management plans	13585
developed under division (A) of section 1511.021 of the Revised	13586
Code comply with the standards established under division (E)(1)	13587
of section 1511.02 of the Revised Code and to approve or	13588
disapprove the plans, based on such compliance. If an operation	13589
and management plan is disapproved, the board shall provide a	13590
written explanation to the person who submitted the plan. The	13591
person may appeal the plan disapproval to the chief, who shall	13592
afford the person a hearing. Following the hearing, the chief	13593
shall uphold the plan disapproval or reverse it. If the chief	13594
reverses the plan disapproval, the plan shall be deemed approved	13595
under this division. In the event that any person operating or	13596
owning agricultural land or a concentrated animal feeding	13597
operation in accordance with an approved operation and management	13598
plan who, in good faith, is following that plan, causes	13599
agricultural pollution, the plan shall be revised in a fashion	13600
necessary to mitigate the agricultural pollution, as determined	13601
and approved by the board of supervisors of the soil and water	13602
conservation district.	13603

(U) With regard to composting conducted in conjunction with	13604
agricultural operations, to do all of the following:	13605

(1) Upon request or upon their own initiative, inspect	13606
composting at any such operation to determine whether the	13607
composting is being conducted in accordance with section 1511.022	13608
of the Revised Code;	13609

(2) If the board determines that composting is not being so	13610
conducted, request the chief to issue an order under division (G)	13611
of section 1511.02 of the Revised Code requiring the person who is	13612
conducting the composting to prepare a composting plan in	13613
accordance with rules adopted under division (E)(10)(c) of that	13614
section and to operate in accordance with that plan or to operate	13615
in accordance with a previously prepared plan, as applicable;	13616

(3) In accordance with rules adopted under division	13617
(E)(10)(c) of section 1511.02 of the Revised Code, review and	13618
approve or disapprove any such composting plan. If a plan is	13619
disapproved, the board shall provide a written explanation to the	13620
person who submitted the plan.	13621

As used in division (U) of this section, "composting" has the	13622
same meaning as in section 1511.01 of the Revised Code.	13623

(V) With regard to conservation activities that are conducted	13624
in conjunction with agricultural operations, to assist the county	13625
auditor, upon request, in determining whether a conservation	13626
activity is a conservation practice for purposes of Chapter 929.	13627
or sections 5713.30 to 5713.37 and 5715.01 of the Revised Code.	13628

As used in this division, "conservation practice" has the	13629
same meaning as in section 5713.30 of the Revised Code.	13630

(W) To do all acts necessary or proper to carry out the	13631
powers granted in this chapter.	13632

The director of natural resources shall make recommendations	13633
to reduce the adverse environmental effects of each project that a	13634
soil and water conservation district plans to undertake under	13635
division (A), (B), (C), or (D) of this section and that will be	13636
funded in whole or in part by moneys authorized under section	13637
1515.16 of the Revised Code and shall disapprove any such project	13638
that the director finds will adversely affect the environment	13639
without equal or greater benefit to the public. The director's	13640
disapproval or recommendations, upon the request of the district	13641
filed in accordance with rules adopted by the Ohio soil and water	13642
conservation commission, shall be reviewed by the commission,	13643
which may confirm the director's decision, modify it, or add	13644
recommendations to or approve a project the director has	13645
disapproved.	13646

Any instrument by which real property is acquired pursuant to	13647
this section shall identify the agency of the state that has the	13648
use and benefit of the real property as specified in section	13649
5301.012 of the Revised Code.	13650

Sec. 1519.05. (A) As used in this section, "local political	13651
subdivision" and "nonprofit organization" have the same meanings	13652
as in section 164.20 of the Revised Code.	13653

(B) There is hereby created in the state treasury the clean	13654
Ohio trail fund. Twelve and one-half per cent of the net proceeds	13655
of obligations issued and sold pursuant to sections 151.01 and	13656
151.09 of the Revised Code shall be deposited into the fund.	13657

Investment earnings of the fund shall be credited to the	13658
fund~~. For two years after the effective date of this section,~~	13659
~~investment earnings credited to the fund~~and may be used to pay	13660
costs incurred by the director of natural resources in	13661
administering this section.	13662

Money in the clean Ohio trail fund shall not be used for the	13663
appropriation of land, rights, rights-of-way, franchises,	13664
easements, or other property through the exercise of the right of	13665
eminent domain.	13666

The director shall use moneys in the fund exclusively to	13667
provide matching grants to nonprofit organizations and to local	13668
political subdivisions for the purposes of purchasing land or	13669
interests in land for recreational trails and for the construction	13670
of such trails. A matching grant may provide up to seventy-five	13671
per cent of the cost of a recreational trail project, and the	13672
recipient of the matching grant shall provide not less than	13673
twenty-five per cent of that cost.	13674

(C) The director shall establish policies for the purposes of	13675
this section. The policies shall establish all of the following:	13676

(1) Procedures for providing matching grants to nonprofit	13677
organizations and local political subdivisions for the purposes of	13678
purchasing land or interests in land for recreational trails and	13679
for the construction of such trails, including, without	13680
limitation, procedures for both of the following:	13681

(a) Developing a grant application form and soliciting,	13682
accepting, and approving grant applications;	13683

(b) Participation by nonprofit organizations and local	13684
political subdivisions in the application process.	13685

(2) A requirement that an application for a matching grant	13686
for a recreational trail project include a copy of a resolution	13687
supporting the project from each county in which the proposed	13688
project is to be conducted and whichever of the following is	13689
applicable:	13690

(a) If the proposed project is to be conducted wholly within	13691
the geographical boundaries of one township, a copy of a	13692
resolution supporting the project from the township;	13693

(b) If the proposed project is to be conducted wholly within	13694
the geographical boundaries of one municipal corporation, a copy	13695
of a resolution supporting the project from the municipal	13696
corporation;	13697

(c) If the proposed project is to be conducted in more than	13698
one, but fewer than five townships or municipal corporations, a	13699
copy of a resolution supporting the project from at least one-half	13700
of the total number of townships and municipal corporations in	13701
which the proposed project is to be conducted;	13702

(d) If the proposed project is to be conducted in five or	13703
more municipal corporations, a copy of a resolution supporting the	13704
project from at least three-fifths of the total number of	13705
townships and municipal corporations in which the proposed project	13706
is to be conducted.	13707

(3) Eligibility criteria that must be satisfied by an	13708
applicant in order to receive a matching grant and that emphasize	13709
the following:	13710

(a) Synchronization with the statewide trail plan;

13711

(b) Complete regional systems and links to the statewide	13712
trail system;	13713

13714

(d) The provision of links in urban areas that support	13715
commuter access and show economic impact on local communities;	13716

(e) The linkage of population centers with public outdoor	13717
recreation areas and facilities;	13718

(f) The purchase of rail lines that are linked to the	13719
statewide trail plan;	13720

(g) The preservation of natural corridors.

13721

(4) Items of value, such as in-kind contributions of land,	13722
easements or other interests in land, labor, or materials, that	13723
may be considered as contributing toward the percentage of the	13724
cost of a recreational trails project that must be provided by a	13725
matching grant recipient.	13726

Sec. 1521.06. (A) No dam may be constructed for the purpose	13727
of storing, conserving, or retarding water, or for any other	13728
purpose, nor shall any dike or levee be constructed for the	13729
purpose of diverting or retaining flood water, unless the person	13730
or governmental agency desiring the construction has a	13731
construction permit for the dam, dike, or levee issued by the	13732
chief of the division of water.	13733

A construction permit is not required under this section for:

13734

(1) A dam ~~which~~that is or will be less than ten feet in	13735
height and ~~which~~that has or will have a storage capacity of not	13736
more than fifty acre-feet at the elevation of the top of the dam,	13737
as determined by the chief. For the purposes of this section, the	13738
height of a dam shall be measured from the natural stream bed or	13739
lowest ground elevation at the downstream or outside limit of the	13740
dam to the elevation of the top of the dam.	13741

(2) A dam, regardless of height, ~~which~~that has or will have	13742
a storage capacity of not more than fifteen acre-feet at the	13743
elevation of the top of the dam, as determined by the chief;	13744

(3) A dam, regardless of storage capacity, ~~which~~that is or	13745
will be six feet or less in height, as determined by the chief;	13746

(4) A dam, dike, or levee ~~which~~that belongs to a class	13747
exempted by the chief;	13748

(5) The repair, maintenance, improvement, alteration, or	13749
removal of a dam, dike, or levee ~~which~~that is subject to section	13750
1521.062 of the Revised Code, unless the construction constitutes	13751
an enlargement of the structure as determined by the chief;	13752

(6) A dam or impoundment constructed under Chapter 1513. of	13753
the Revised Code.	13754

(B) Before a construction permit may be issued, three copies	13755
of the plans and specifications, including a detailed cost	13756
estimate, for the proposed construction, prepared by a registered	13757
professional engineer, together with the filing fee specified by	13758
this section and the bond or other security required by section	13759
1521.061 of the Revised Code, shall be filed with the chief. The	13760
detailed estimate of the cost shall include all costs associated	13761
with the construction of the dam, dike, or levee, including	13762
supervision and inspection of the construction by a registered	13763
professional engineer. ~~Except for a political subdivision, the~~The	13764
filing fee shall be based on the detailed cost estimate for the	13765
proposed construction as filed with and approved by the chief, and	13766
shall be determined by the following schedule unless otherwise	13767
provided by rules adopted under this section:	13768

(1) For the first one hundred thousand dollars of estimated	13769
cost, a fee of ~~two~~four per cent;	13770

(2) For the next four hundred thousand dollars of estimated	13771
cost, a fee of ~~one and one-half~~three per cent;	13772

(3) For the next five hundred thousand dollars of estimated	13773
cost, a fee of ~~one~~two per cent;	13774

(4) For all costs in excess of one million dollars, a fee of	13775
~~one-quarter~~one-half of one per cent.	13776

In no case shall the filing fee be less than ~~two hundred~~one	13777
thousand dollars or more than ~~fifty~~one hundred thousand dollars.	13778
If the actual cost exceeds the estimated cost by more than fifteen	13779
per cent, an additional filing fee shall be required equal to the	13780
fee determined by the preceding schedule less the original filing	13781
fee. ~~The filing fee for a political subdivision shall be two~~	13782
~~hundred dollars.~~ All fees collected pursuant to this section, and	13783
all fines collected pursuant to section 1521.99 of the Revised	13784
Code, shall be deposited in the state treasury to the credit of	13785
the dam safety fund, which is hereby created. Expenditures from	13786
the fund shall be made by the chief for the purpose of	13787
administering this section and sections 1521.061 and 1521.062 of	13788
the Revised Code.	13789

(C) The chief shall, within thirty days from the date of the	13790
receipt of the application, fee, and bond or other security, issue	13791
or deny a construction permit for the construction or may issue a	13792
construction permit conditioned upon the making of such changes in	13793
the plans and specifications for the construction as hethe chief	13794
considers advisable if hethe chief determines that the	13795
construction of the proposed dam, dike, or levee, in accordance	13796
with the plans and specifications filed, would endanger life,	13797
health, or property.	13798

(D) The chief may deny a construction permit ~~if he finds~~	13799
after finding that a dam, dike, or levee built in accordance with	13800
the plans and specifications would endanger life, health, or	13801
property, because of improper or inadequate design, or for such	13802
other reasons as the chief may determine.	13803

In the event the chief denies a permit for the construction	13804
of the dam, dike, or levee, or issues a permit conditioned upon a	13805
making of changes in the plans or specifications for the	13806
construction, hethe chief shall state ~~his~~the reasons therefor	13807
and so notify, in writing, the person or governmental agency	13808
making the application for a permit. If the permit is denied, the	13809
chief shall return the bond or other security to the person or	13810
governmental agency making application for the permit.	13811

The decision of the chief conditioning or denying a	13812
construction permit is subject to appeal as provided in Chapter	13813
119. of the Revised Code. A dam, dike, or levee built	13814
substantially at variance from the plans and specifications upon	13815
which a construction permit was issued is in violation of this	13816
section. The chief may at any time inspect any dam, dike, or	13817
levee, or site upon which any dam, dike, or levee is to be	13818
constructed, in order to determine whether it complies with this	13819
section.	13820

(E) A registered professional engineer shall inspect the	13821
construction for which the permit was issued during all phases of	13822
construction and shall furnish to the chief such regular reports	13823
of ~~his~~the engineer's inspections as the chief may require. When	13824
the chief finds that construction has been fully completed in	13825
accordance with the terms of the permit and the plans and	13826
specifications approved by ~~him~~the chief, hethe chief shall	13827
approve the construction. When one year has elapsed after approval	13828
of the completed construction, and the chief finds that within	13829
this period no fact has become apparent to indicate that the	13830
construction was not performed in accordance with the terms of the	13831
permit and the plans and specifications approved by the chief, or	13832
that the construction as performed would endanger life, health, or	13833
property, hethe chief shall release the bond or other security.	13834
No bond or other security shall be released until one year after	13835
final approval by the chief, unless the dam, dike, or levee has	13836
been modified so that it will not retain water and has been	13837
approved as nonhazardous after determination by the chief that the	13838
dam, dike, or levee as modified will not endanger life, health, or	13839
property.	13840

(F) When inspections required by this section are not being	13841
performed, the chief shall notify the person or governmental	13842
agency to which the permit has been issued that inspections are	13843
not being performed by the registered professional engineer and	13844
that the chief will inspect the remainder of the construction.	13845
Thereafter, the chief shall inspect the construction and the cost	13846
of inspection shall be charged against the owner. Failure of the	13847
registered professional engineer to submit required inspection	13848
reports shall be deemed notice that ~~his~~the engineer's inspections	13849
are not being performed.	13850

(G) The chief may order construction to cease on any dam,	13851
dike, or levee ~~which~~that is being built in violation of ~~the~~	13852
~~provisions of~~ this section, and may prohibit the retention of	13853
water behind any dam, dike, or levee ~~which~~that has been built in	13854
violation of ~~the provisions of~~ this section. The attorney general,	13855
upon written request of the chief, may bring an action for an	13856
injunction against any person who violates this section or to	13857
enforce an order or prohibition of the chief made pursuant to this	13858
section.	13859

(H) The chief may adopt rules in accordance with Chapter 119.	13860
of the Revised Code, for the design and construction of dams,	13861
dikes, and levees for which a construction permit is required by	13862
this section or for which periodic inspection is required by	13863
section 1521.062 of the Revised Code, for establishing a filing	13864
fee schedule in lieu of the schedule established under division	13865
(B) of this section, for deposit and forfeiture of bonds and other	13866
securities required by section 1521.061 of the Revised Code, for	13867
the periodic inspection, operation, repair, improvement,	13868
alteration, or removal of all dams, dikes, and levees, as	13869
specified in section 1521.062 of the Revised Code, and for	13870
establishing classes of dams, dikes, or levees ~~which~~that are	13871
exempt from the requirements of sections 1521.06 and 1521.062 of	13872
the Revised Code as being of a size, purpose, or situation ~~which~~	13873
that does not present a substantial hazard to life, health, or	13874
property. The chief may, by rule, limit the period during which a	13875
construction permit issued under this section is valid. If a	13876
construction permit expires before construction is completed, the	13877
person or agency shall apply for a new permit, and shall not	13878
continue construction until the new permit is issued.	13879

~~(I) As used in this section and section 1521.063 of the~~	13880
~~Revised Code, "political subdivision" includes townships,~~	13881
~~municipal corporations, counties, school districts, municipal~~	13882
~~universities, park districts, sanitary districts, and conservancy~~	13883
~~districts and subdivisions thereof.~~	13884

Sec. 1521.063. (A) Except for ~~a political subdivision~~the	13885
federal government, the owner of any dam subject to section	13886
1521.062 of the Revised Code shall pay an annual fee, based upon	13887
the height of the dam, to the division of water on or before June	13888
30, 1988, and on or before the thirtieth day of June of each	13889
succeeding year. The annual fee shall be as follows until	13890
otherwise provided by rules adopted under this section:	13891

(1) For any dam classified as a class I dam under rules	13892
adopted by the chief of the division of water under section	13893
1521.06 of the Revised Code, thirty dollars plus ~~three~~ten dollars	13894
per foot of height of dam;	13895

(2) For any dam classified as a class II dam under those	13896
rules, thirty dollars plus one dollar per foot of height of dam;	13897

(3) For any dam classified as a class III dam under those	13898
rules, thirty dollars.	13899

For purposes of this section, the height of a dam is the	13900
vertical height, to the nearest foot, as determined by the	13901
division under section 1521.062 of the Revised Code. All fees	13902
collected under this section shall be deposited in the dam safety	13903
fund created in section 1521.06 of the Revised Code. Any owner who	13904
fails to pay any annual fee required by this section within sixty	13905
days after the due date shall be assessed a penalty of ten per	13906
cent of the annual fee plus interest at the rate of one-half per	13907
cent per month from the due date until the date of payment.	13908

(B) The chief shall, in accordance with Chapter 119. of the	13909
Revised Code, adopt, and may amend or rescind, rules for the	13910
collection of fees and the administration, implementation, and	13911
enforcement of this section and for the establishment of an annual	13912
fee schedule in lieu of the schedule established under division	13913
(A) of this section.	13914

(C)(1) No person, political subdivision, or state	13915
governmental agency shall violate or fail to comply with this	13916
section or any rule or order adopted or issued under it.	13917

(2) The attorney general, upon written request of the chief,	13918
may commence an action against any such violator. Any action under	13919
division (C)(2) of this section is a civil action.	13920

(D) As used in this section, "political subdivision" includes	13921
townships, municipal corporations, counties, school districts,	13922
municipal universities, park districts, sanitary districts, and	13923
conservancy districts and subdivisions thereof.	13924

Sec. 1531.26. There is hereby created in the state treasury	13925
the nongame and endangered wildlife fund, which shall consist of	13926
moneys paid into it by the tax commissioner under section 5747.113	13927
of the Revised Code, moneys deposited in the fund from the	13928
issuance of wildlife conservation license plates under section	13929
4503.57 of the Revised Code, moneys deposited in the fund from the	13930
issuance of bald eagle license plates under section 4503.572 of	13931
the Revised Code, moneys credited to the fund under section	13932
1533.151 of the Revised Code, and of contributions made directly	13933
to it. Any person may contribute directly to the fund in addition	13934
to or independently of the income tax refund contribution system	13935
established in section 5747.113 of the Revised Code. Moneys in the	13936
fund shall be disbursed pursuant to vouchers approved by the	13937
director of natural resources for use by the division of wildlife	13938
solely for the purchase, management, preservation, propagation,	13939
protection, and stocking of wild animals that are not commonly	13940
taken for sport or commercial purposes, including the acquisition	13941
of title and easements to lands, biological investigations, law	13942
enforcement, production of educational materials, sociological	13943
surveys, habitat development, and personnel and equipment costs;	13944
and for carrying out section 1531.25 of the Revised Code. Moneys	13945
in the fund also may be used to promote and develop nonconsumptive	13946
wildlife recreational opportunities involving wild animals. Moneys	13947
in the fund from the issuance of bald eagle license plates under	13948
section 4503.572 of the Revised Code shall be expended by the	13949
division only to pay the costs of acquiring, developing, and	13950
restoring habitat for bald eagles within this state. Moneys in the	13951
fund from any other source also may be used to pay the costs of	13952
acquiring, developing, and restoring habitat for bald eagles	13953
within this state.	13954

All investment earnings of the fund shall be credited to the	13955
fund. Subject to the approval of the director, the chief of the	13956
division of wildlife may enter into agreements that the chief	13957
considers appropriate to obtain additional moneys for the	13958
protection of nongame native wildlife under the "Endangered	13959
Species Act of 1973," 87 Stat. 884, 16 U.S.C.A. 1541-1543, as	13960
amended, and the "Fish and Wildlife Conservation Act of 1980," 94	13961
Stat. 1322, 16 U.S.C.A. 2901-2911, as amended. Moneys appropriated	13962
from the fund are not intended to replace other moneys	13963
appropriated for these purposes.	13964

Sec. 1533.08. Except as otherwise provided by division rule,	13965
any person desiring to collect wild animals that are protected by	13966
law or their nests or eggs for scientific study, school	13967
instruction, other educational uses, or rehabilitation shall make	13968
application to the chief of the division of wildlife for a wild	13969
animal collecting permit on a form furnished by the chief. Each	13970
applicant for a wild animal collecting permit, other than an	13971
applicant desiring to rehabilitate wild animals, shall pay an	13972
annual fee of ~~ten~~twenty-five dollars for each permit. No fee	13973
shall be charged to an applicant desiring to rehabilitate wild	13974
animals. When it appears that the application is made in good	13975
faith, the chief shall issue to the applicant a permit to take,	13976
possess, and transport at any time and in any manner specimens of	13977
wild animals protected by law or their nests and eggs for	13978
scientific study, school instruction, other educational uses, or	13979
rehabilitation and under any additional rules recommended by the	13980
wildlife council. Upon the receipt of a permit, the holder may	13981
take, possess, and transport those wild animals in accordance with	13982
the permit.	13983

Each holder of a permit engaged in collecting such wild	13984
animals shall carry the permit at all times and shall exhibit it	13985
upon demand to any wildlife officer, constable, sheriff, deputy	13986
sheriff, or police officer, to the owner or person in lawful	13987
control of the land upon which the permit holder is collecting, or	13988
to any other person. Failure to so carry or exhibit the permit	13989
constitutes an offense under this section.	13990

Each permit holder shall keep a daily record of all specimens	13991
collected under the permit and the disposition of the specimens	13992
and shall exhibit the daily record to any official of the division	13993
upon demand.	13994

Each permit shall remain in effect for one year from the date	13995
of issuance unless it is revoked sooner by the chief.	13996

All moneys received as fees for the issuance of a wild animal	13997
collecting permit shall be transmitted to the director of natural	13998
resources to be paid into the state treasury to the credit of the	13999
fund created by section 1533.15 of the Revised Code.	14000

Sec. 1533.10. Except as provided in this section or division	14001
(A) of section 1533.12 of the Revised Code, no person shall hunt	14002
any wild bird or wild quadruped without a hunting license. Each	14003
day that any person hunts within the state without procuring such	14004
a license constitutes a separate offense. ~~Every~~Except as	14005
otherwise provided in this section, every applicant for a hunting	14006
license who is a resident of the state and sixteen years of age or	14007
more shall procure a resident hunting license, the fee for which	14008
shall be ~~fourteen~~eighteen dollars, unless the rules adopted under	14009
division (B) of section 1533.12 of the Revised Code provide for	14010
issuance of a resident hunting license to the applicant free of	14011
charge. Except as provided in rules adopted under division (B)(2)	14012
of that section, each applicant who is a resident of this state	14013
and who at the time of application is sixty-six years of age or	14014
older shall procure a special senior hunting license, the fee for	14015
which shall be one-half of the regular hunting license fee. Every	14016
applicant who is ~~a resident of the state and~~ under the age of	14017
sixteen years shall procure a special youth hunting license, the	14018
fee for which shall be one-half of the regular hunting license	14019
fee. The owner of lands in the state and the owner's children of	14020
any age and grandchildren under eighteen years of age may hunt on	14021
the lands without a hunting license. The tenant ~~or manager~~ and	14022
children of the tenant ~~or manager~~, residing on lands in the state,	14023
may hunt on them without a hunting license. Every applicant for a	14024
hunting license who is a nonresident of the state and who is	14025
sixteen years of age or older shall procure a nonresident hunting	14026
license, the fee for which shall be ~~ninety~~one hundred twenty-four	14027
dollars, unless the applicant is a resident of a state that is a	14028
party to an agreement under section 1533.91 of the Revised Code,	14029
in which case the fee shall be ~~fourteen~~eighteen dollars.	14030

The chief of the division of wildlife may issue a ~~tourist's~~	14031
small game hunting license expiring three days from the effective	14032
date of the license to a nonresident of the state, the fee for	14033
which shall be ~~twenty-four~~thirty-nine dollars. No person shall	14034
take or possess deer, wild turkeys, fur-bearing animals, ducks,	14035
geese, brant, or any nongame animal while possessing only a	14036
~~tourist's~~small game hunting license. A ~~tourist's~~small game	14037
hunting license does not authorize the taking or possessing of	14038
ducks, geese, or brant without having obtained, in addition to the	14039
~~tourist's~~small game hunting license, a wetlands habitat stamp as	14040
provided in section 1533.112 of the Revised Code. A ~~tourist's~~	14041
small game hunting license does not authorize the taking or	14042
possessing of deer, wild turkeys, or fur-bearing animals. A	14043
nonresident of the state who wishes to take or possess deer, wild	14044
turkeys, or fur-bearing animals in this state shall procure,	14045
respectively, a special deer or wild turkey permit as provided in	14046
section 1533.11 of the Revised Code or a fur taker permit as	14047
provided in section 1533.111 of the Revised Code in addition to a	14048
nonresident hunting license or a special youth hunting license, as	14049
applicable, as provided in this section.	14050

No person shall procure or attempt to procure a hunting	14051
license by fraud, deceit, misrepresentation, or any false	14052
statement.	14053

This section does not authorize the taking and possessing of	14054
deer or wild turkeys without first having obtained, in addition to	14055
the hunting license required by this section, a special deer or	14056
wild turkey permit as provided in section 1533.11 of the Revised	14057
Code or the taking and possessing of ducks, geese, or brant	14058
without first having obtained, in addition to the hunting license	14059
required by this section, a wetlands habitat stamp as provided in	14060
section 1533.112 of the Revised Code.	14061

This section does not authorize the hunting or trapping of	14062
fur-bearing animals without first having obtained, in addition to	14063
a hunting license required by this section, a fur taker permit as	14064
provided in section 1533.111 of the Revised Code.	14065

No hunting license shall be issued unless it is accompanied	14066
by a written explanation of the law in section 1533.17 of the	14067
Revised Code and the penalty for its violation, including a	14068
description of terms of imprisonment and fines that may be	14069
imposed.	14070

No hunting license shall be issued unless the applicant	14071
presents to the agent authorized to issue the license a previously	14072
held hunting license or evidence of having held such a license in	14073
content and manner approved by the chief, a certificate of	14074
completion issued upon completion of a hunter education and	14075
conservation course approved by the chief, or evidence of	14076
equivalent training in content and manner approved by the chief.	14077

No person shall issue a hunting license to any person who	14078
fails to present the evidence required by this section. No person	14079
shall purchase or obtain a hunting license without presenting to	14080
the issuing agent the evidence required by this section. Issuance	14081
of a hunting license in violation of the requirements of this	14082
section is an offense by both the purchaser of the illegally	14083
obtained hunting license and the clerk or agent who issued the	14084
hunting license. Any hunting license issued in violation of this	14085
section is void.	14086

The chief, with approval of the wildlife council, shall adopt	14087
rules prescribing a hunter education and conservation course for	14088
first-time hunting license buyers and for volunteer instructors.	14089
The course shall consist of subjects including, but not limited	14090
to, hunter safety and health, use of hunting implements, hunting	14091
tradition and ethics, the hunter and conservation, the law in	14092
section 1533.17 of the Revised Code along with the penalty for its	14093
violation, including a description of terms of imprisonment and	14094
fines that may be imposed, and other law relating to hunting.	14095
Authorized personnel of the division or volunteer instructors	14096
approved by the chief shall conduct such courses with such	14097
frequency and at such locations throughout the state as to	14098
reasonably meet the needs of license applicants. The chief shall	14099
issue a certificate of completion to each person who successfully	14100
completes the course and passes an examination prescribed by the	14101
chief.	14102

Sec. 1533.101. Any person who has been issued a hunting or	14103
fishing license, a wetlands habitat stamp, a deer or wild turkey	14104
permit, or a fur taker permit for the current license, stamp, or	14105
permit year or for the license, stamp, or permit year next	14106
preceding the current such year pursuant to this chapter, and if	14107
the license, stamp, or permit has been lost, destroyed, or stolen,	14108
may be issued a reissued hunting or fishing license, wetlands	14109
habitat stamp, deer or wild turkey permit, or fur taker permit.	14110
The person shall file with the clerk of the court of common pleas	14111
an application in affidavit form or, if the chief of the division	14112
of wildlife authorizes it, apply for a reissued license, stamp, or	14113
permit to an authorized agent designated by the chief, and pay a	14114
fee for each license, stamp, or permit of ~~two~~four dollars ~~plus~~	14115
~~one dollar to the clerk or agent, who shall issue a reissued~~	14116
~~license, stamp, or permit that shall allow the applicant to hunt,~~	14117
~~fish, or trap, as the case may be~~. The clerk or agent shall	14118
administer the oath to the applicant, issue a reissued license,	14119
stamp, or permit that shall allow the applicant to hunt, fish, or	14120
trap, as applicable, and ~~shall~~ send a copy of the reissued	14121
license, stamp, or permit to the division of wildlife.	14122

All moneys received as fees for the issuance of reissued	14123
licenses, stamps, or permits shall be transmitted to the director	14124
of natural resources to be paid into the state treasury to the	14125
credit of the funds to which the fees for the original licenses,	14126
stamps, and permits were credited.	14127

No person shall knowingly or willfully secure, attempt to	14128
secure, or use a reissued hunting or fishing license, wetlands	14129
habitat stamp, deer or wild turkey permit, or fur taker permit to	14130
which the person is not entitled. No person shall knowingly or	14131
willfully issue a reissued hunting or fishing license, wetlands	14132
habitat stamp, deer or wild turkey permit, or fur taker permit	14133
under this section to any person who is not entitled to receive	14134
and use such a reissued license, stamp, or permit.	14135

Sec. 1533.11. (A) Except as provided in this section, no	14136
person shall hunt deer on lands of another without first obtaining	14137
an annual special deer permit. Except as provided in this section,	14138
no person shall hunt wild turkeys on lands of another without	14139
first obtaining an annual special wild turkey permit. Each	14140
applicant for a special deer or wild turkey permit shall pay an	14141
annual fee of ~~nineteen~~twenty-three dollars for each permit,	14142
~~together with one dollar as a fee to the clerk or other issuing~~	14143
~~agent, for the permit~~ unless the rules adopted under division (B)	14144
of section 1533.12 of the Revised Code provide for issuance of a	14145
deer or wild turkey permit to the applicant free of charge. Except	14146
as provided in rules adopted under division (B)(2) of that	14147
section, each applicant who is a resident of this state and who at	14148
the time of application is sixty-six years of age or older shall	14149
procure a special senior deer or wild turkey permit, the fee for	14150
which shall be one-half of the regular special deer or wild turkey	14151
permit fee. Each applicant who is under the age of sixteen years	14152
shall procure a special youth deer or wild turkey permit, the fee	14153
for which shall be one-half of the regular special deer or wild	14154
turkey permit fee. Except as provided in division (A) of section	14155
1533.12 of the Revised Code, a deer or wild turkey permit shall	14156
run concurrently with the hunting license. The money received,	14157
~~other than the one-dollar fee provided for above,~~ shall be paid	14158
into the state treasury to the credit of the wildlife fund,	14159
created in section 1531.17 of the Revised Code, exclusively for	14160
the use of the division of wildlife in the acquisition and	14161
development of land for deer or wild turkey management, for	14162
investigating deer or wild turkey problems, and for the stocking,	14163
management, and protection of deer or wild turkey. Every person,	14164
while hunting deer or wild turkey on lands of another, shall carry	14165
the person's special deer or wild turkey permit and exhibit it to	14166
any enforcement officer so requesting. Failure to so carry and	14167
exhibit such a permit constitutes an offense under this section.	14168
The chief of the division of wildlife shall adopt any additional	14169
rules the chief considers necessary to carry out this section and	14170
section 1533.10 of the Revised Code.	14171

The owner and the children of the owner of lands in this	14172
state may hunt deer or wild turkey thereon without a special deer	14173
or wild turkey permit. The tenant ~~or manager~~ and children of the	14174
tenant ~~or manager~~ may hunt deer or wild turkey on lands where they	14175
reside without a special deer or wild turkey permit.	14176

(B) A special deer or wild turkey permit is not transferable.	14177
No person shall carry a special deer or wild turkey permit issued	14178
in the name of another person.	14179

(C) The wildlife refunds fund is hereby created in the state	14180
treasury. The fund shall consist of money received from	14181
application fees for special deer permits that are not issued.	14182
Money in the fund shall be used to make refunds of such	14183
application fees.	14184

Sec. 1533.111. Except as provided in this section or	14185
division (A) of section 1533.12 of the Revised Code, no person	14186
shall hunt or trap fur-bearing animals on land of another without	14187
first obtaining an annual fur taker permit. Each applicant for a	14188
fur taker permit shall pay an annual fee of ~~ten~~fourteen dollars,	14189
~~together with one dollar as a fee to the clerk or other issuing~~	14190
~~agent,~~ for the permit, except as otherwise provided in this	14191
section or unless the rules adopted under division (B) of section	14192
1533.12 of the Revised Code provide for issuance of a fur taker	14193
permit to the applicant free of charge. Except as provided in	14194
rules adopted under division (B)(2) of that section, each	14195
applicant who is a resident of this state and who at the time of	14196
application is sixty-six years of age or older shall procure a	14197
special senior fur taker permit, the fee for which shall be	14198
one-half of the regular fur taker permit fee. Each applicant who	14199
is a resident of the state and under the age of sixteen years	14200
shall procure a special youth fur taker permit, the fee for which	14201
shall be one-half of the regular fur taker permit fee ~~and which~~	14202
~~shall be paid together with one dollar as a fee to the clerk or~~	14203
~~other issuing agent~~. The fur taker permit shall run concurrently	14204
with the hunting license. The money received~~, other than the one~~	14205
~~dollar fee provided for in this section,~~ shall be paid into the	14206
state treasury to the credit of the fund established in section	14207
1533.15 of the Revised Code.	14208

No fur taker permit shall be issued unless it is accompanied	14209
by a written explanation of the law in section 1533.17 of the	14210
Revised Code and the penalty for its violation, including a	14211
description of terms of imprisonment and fines that may be	14212
imposed.	14213

No fur taker permit shall be issued unless the applicant	14214
presents to the agent authorized to issue a fur taker permit a	14215
previously held hunting license or trapping or fur taker permit or	14216
evidence of having held such a license or permit in content and	14217
manner approved by the chief of the division of wildlife, a	14218
certificate of completion issued upon completion of a trapper	14219
education course approved by the chief, or evidence of equivalent	14220
training in content and manner approved by the chief.	14221

No person shall issue a fur taker permit to any person who	14222
fails to present the evidence required by this section. No person	14223
shall purchase or obtain a fur taker permit without presenting to	14224
the issuing agent the evidence required by this section. Issuance	14225
of a fur taker permit in violation of the requirements of this	14226
section is an offense by both the purchaser of the illegally	14227
obtained permit and the clerk or agent who issued the permit. Any	14228
fur taker permit issued in violation of this section is void.	14229

The chief, with approval of the wildlife council, shall adopt	14230
rules prescribing a trapper education course for first-time fur	14231
taker permit buyers and for volunteer instructors. The course	14232
shall consist of subjects that include, but are not limited to,	14233
trapping techniques, animal habits and identification, trapping	14234
tradition and ethics, the trapper and conservation, the law in	14235
section 1533.17 of the Revised Code along with the penalty for its	14236
violation, including a description of terms of imprisonment and	14237
fines that may be imposed, and other law relating to trapping.	14238
Authorized personnel of the division of wildlife or volunteer	14239
instructors approved by the chief shall conduct the courses with	14240
such frequency and at such locations throughout the state as to	14241
reasonably meet the needs of permit applicants. The chief shall	14242
issue a certificate of completion to each person who successfully	14243
completes the course and passes an examination prescribed by the	14244
chief.	14245

Every person, while hunting or trapping fur-bearing animals	14246
on lands of another, shall carry the person's fur taker permit	14247
affixed to the person's hunting license with the person's	14248
signature written across the face of the permit. Failure to carry	14249
such a signed permit constitutes an offense under this section.	14250
The chief shall adopt any additional rules the chief considers	14251
necessary to carry out this section.	14252

The owner and the children of the owner of lands in this	14253
state may hunt or trap fur-bearing animals thereon without a fur	14254
taker permit. The tenant ~~or manager~~ and children of the tenant or	14255
~~manager~~ may hunt or trap fur-bearing animals on lands where they	14256
reside without a fur taker permit.	14257

A fur taker permit is not transferable. No person shall carry	14258
a fur taker permit issued in the name of another person.	14259

A fur taker permit entitles a nonresident to take from this	14260
state fur-bearing animals taken and possessed by the nonresident	14261
as provided by law or division rule.	14262

Sec. 1533.112. Except as provided in this section or unless	14263
otherwise provided by division rule, no person shall hunt ducks,	14264
geese, or brant on the lands of another without first obtaining an	14265
annual wetlands habitat stamp. The annual fee for the wetlands	14266
habitat stamp shall be ~~ten~~fourteen dollars for each stamp,	14267
~~together with one dollar as a fee to the clerk or other issuing~~	14268
~~agent,~~ unless the rules adopted under division (B) of section	14269
1533.12 provide for issuance of a wetlands habitat stamp to the	14270
applicant free of charge.	14271

Moneys received from the stamp fee~~, other than the one-~~	14272
~~dollar clerk's fee,~~ shall be paid into the state treasury to the	14273
credit of the wetlands habitat fund, which is hereby established.	14274
Moneys shall be paid from the fund on the order of the director of	14275
natural resources for the following purposes:	14276

(A) Sixty per cent for projects that the division approves	14277
for the acquisition, development, management, or preservation of	14278
waterfowl areas within the state;	14279

(B) Forty per cent for contribution by the division to an	14280
appropriate nonprofit organization for the acquisition,	14281
development, management, or preservation of lands and waters	14282
within the United States or Canada that provide or will provide	14283
habitat for waterfowl with migration routes that cross this state.	14284

No moneys derived from the issuance of wetlands habitat	14285
stamps shall be spent for purposes other than those specified by	14286
this section. All investment earnings of the fund shall be	14287
credited to the fund.	14288

Wetlands habitat stamps shall be furnished by and in a form	14289
prescribed by the chief of the division of wildlife and issued by	14290
clerks and other agents authorized to issue licenses and permits	14291
under section 1533.13 of the Revised Code. The record of stamps	14292
kept by the clerks and other agents shall be uniform throughout	14293
the state, in such form or manner as the director prescribes, and	14294
open at all reasonable hours to the inspection of any person.	14295
Unless otherwise provided by rule, each stamp shall remain in	14296
force until midnight of the thirty-first day of August next	14297
ensuing. Wetlands habitat stamps may be issued in any manner to	14298
any person on any date, whether or not that date is within the	14299
period in which they are effective.	14300

Every person to whom this section applies, while hunting	14301
ducks, geese, or brant, shall carry an unexpired wetlands habitat	14302
stamp that is validated by the person's signature written on the	14303
stamp in ink and shall exhibit the stamp to any enforcement	14304
officer so requesting. No person shall fail to carry and exhibit	14305
the person's stamp.	14306

A wetlands habitat stamp is not transferable.

14307

The chief shall establish a procedure to obtain subject	14308
matter to be printed on the wetlands habitat stamp and shall use,	14309
dispose of, or distribute the subject matter as the chief	14310
considers necessary. The chief also shall adopt rules necessary to	14311
administer this section.	14312

This section does not apply to persons under sixteen years of	14313
age nor to persons exempted from procuring a hunting license under	14314
section 1533.10 or division (A) of section 1533.12 of the Revised	14315
Code.	14316

Sec. 1533.12. (A) Every person on active duty in the armed	14317
forces of the United States, while on leave or furlough, may take	14318
or catch fish of the kind lawfully permitted to be taken or caught	14319
within the state, may hunt any wild bird or wild quadruped	14320
lawfully permitted to be hunted within the state, and may trap	14321
fur-bearing animals lawfully permitted to be trapped within the	14322
state, without procuring a fishing license, a hunting license, a	14323
fur taker permit, or a wetlands habitat stamp required by this	14324
chapter, provided that the person shall carry on ~~self~~the person	14325
when fishing, hunting, or trapping, a card or other evidence	14326
identifying the person as being on active duty in the armed forces	14327
of the United States, and provided that the person is not	14328
otherwise violating any of the hunting, fishing, and trapping laws	14329
of this state.	14330

In order to hunt deer or wild turkey, any such person shall	14331
obtain a special deer or wild turkey permit, as applicable, under	14332
section 1533.11 of the Revised Code. However, the person need not	14333
obtain a hunting license in order to obtain such a permit.	14334

(B) The chief of the division of wildlife shall provide by	14335
rule adopted under section 1531.10 of the Revised Code all of the	14336
following:	14337

(1) Every resident of this state with a disability that has	14338
been determined by the veterans administration to be permanently	14339
and totally disabling, who receives a pension or compensation from	14340
the veterans administration, and who received an honorable	14341
discharge from the armed forces of the United States, and every	14342
veteran to whom the registrar of motor vehicles has issued a set	14343
of license plates under section 4503.41 of the Revised Code, shall	14344
be issued an annual fishing license, hunting license, fur taker	14345
permit, deer or wild turkey permit, or wetlands habitat stamp, or	14346
any combination of those licenses, permits, and stamp, free of	14347
charge when application is made to the chief in the manner	14348
prescribed by and on forms provided by the chief.	14349

(2) Every resident of the state who ~~is sixty-six years of age~~	14350
~~or older~~was born on or before December 31, 1937, shall be issued	14351
an annual fishing license, hunting license, fur taker permit, deer	14352
or wild turkey permit, or wetlands habitat stamp, or any	14353
combination of those licenses, permits, and stamp, free of charge	14354
when application is made to the chief in the manner prescribed by	14355
and on forms provided by the chief.	14356

(3) Every resident of state or county institutions,	14357
charitable institutions, and military homes in this state shall be	14358
issued an annual fishing license free of charge when application	14359
is made to the chief in the manner prescribed by and on forms	14360
provided by the chief.	14361

(4) Any mobility impaired or blind person, as defined in	14362
section 955.011 of the Revised Code, who is a resident of this	14363
state and who is unable to engage in fishing without the	14364
assistance of another person shall be issued an annual fishing	14365
license free of charge when application is made to the chief in	14366
the manner prescribed by and on forms provided by the chief. The	14367
person who is assisting the mobility impaired or blind person may	14368
assist in taking or catching fish of the kind permitted to be	14369
taken or caught without procuring the license required under	14370
section 1533.32 of the Revised Code, provided that only one line	14371
is used by both persons.	14372

(5) As used in division (B)(5) of this section, "prisoner of	14373
war" means any regularly appointed, enrolled, enlisted, or	14374
inducted member of the military forces of the United States who	14375
was captured, separated, and incarcerated by an enemy of the	14376
United States.	14377

Any person who has been a prisoner of war, was honorably	14378
discharged from the military forces, and is a resident of this	14379
state shall be issued an annual fishing license, hunting license,	14380
fur taker permit, or wetlands habitat stamp, or any combination of	14381
those licenses, permits, and stamp, free of charge when	14382
application is made to the chief in the manner prescribed by and	14383
on forms provided by the chief.	14384

(C) The chief shall adopt rules pursuant to section 1531.08	14385
of the Revised Code designating not more than two days, which need	14386
not be consecutive, in each year as "free sport fishing days" on	14387
which any resident may exercise the privileges accorded the holder	14388
of a fishing license issued under section 1533.32 of the Revised	14389
Code without procuring such a license, provided that the person is	14390
not otherwise violating any of the fishing laws of this state.	14391

Sec. 1533.13. Hunting and fishing licenses, wetlands habitat	14392
stamps, deer and wild turkey permits, ~~and~~ fur taker permits ~~shall~~,	14393
and any other licenses, permits, or stamps that are required under	14394
this chapter or Chapter 1531. of the Revised Code and any reissued	14395
license, permit, or stamp may be issued by the clerk of the court	14396
of common pleas, village and township clerks, and other authorized	14397
agents designated by the chief of the division of wildlife. When	14398
required by the chief, a clerk or agent shall give bond in the	14399
manner provided by the chief. All bonds, reports, except records	14400
prescribed by the auditor of state, and moneys received by those	14401
persons shall be handled under rules adopted by the director of	14402
natural resources.	14403

The premium of any bond prescribed by the chief under this	14404
section may be paid by the chief. Any person who is designated and	14405
authorized by the chief to issue licenses, stamps, and permits as	14406
provided in this section, except the clerk of the court of common	14407
pleas and the village and township clerks, shall pay to the chief	14408
a premium in an amount that represents the person's portion of the	14409
premium paid by the chief under this section, which amount shall	14410
be established by the chief and approved by the wildlife council	14411
created under section 1531.03 of the Revised Code. The chief shall	14412
pay all moneys that the chief receives as premiums under this	14413
section into the state treasury to the credit of the wildlife fund	14414
created under section 1531.17 of the Revised Code.	14415

Every authorized agent, for the purpose of issuing hunting	14416
and fishing licenses, wetlands habitat stamps, deer and wild	14417
turkey permits, and fur taker permits, may administer oaths to and	14418
take affidavits from applicants for the licenses, stamps, or	14419
permits when required. An authorized agent may appoint deputies to	14420
perform any acts that the agent is authorized to perform,	14421
consistent with division rules.	14422

Every applicant for a hunting or fishing license, wetlands	14423
habitat stamp, deer or wild turkey permit, or fur taker permit,	14424
unless otherwise provided by division rule, shall ~~make and~~	14425
~~subscribe an affidavit setting forth~~provide the applicant's name,	14426
~~age~~date of birth, weight, height, ~~occupation,~~ place of residence,	14427
~~personal description,~~ and ~~citizenship~~any other information that	14428
the chief may require. The clerk or other agent authorized to	14429
issue licenses, stamps, and permits shall charge each applicant a	14430
fee of one dollar for taking the ~~affidavit~~information provided by	14431
the applicant and issuing the license, stamp, or permit. The	14432
application, license, stamp, permit, and other blanks required by	14433
this section shall be prepared and furnished by the chief, in such	14434
form as the chief provides, to the clerk or other agent authorized	14435
to issue them. The licenses and permits shall be issued to	14436
applicants by the clerk or other agent. The record of licenses and	14437
permits kept by the clerk and other authorized agents shall be	14438
uniform throughout the state and in such form or manner as the	14439
auditor of state prescribes and shall be open at all reasonable	14440
hours to the inspection of any person. Unless otherwise provided	14441
by division rule, each hunting license, deer or wild turkey	14442
permit, and fur taker permit issued shall remain in force until	14443
midnight of the thirty-first day of August next ensuing.	14444
Application for any such license or permit may be made and a	14445
license or permit issued prior to the date upon which it becomes	14446
effective.	14447

The chief may require an applicant who wishes to purchase a	14448
license, stamp, or permit by mail or telephone or via the internet	14449
to pay a nominal fee for postage and handling and credit card	14450
transactions.	14451

The court before whom a violator of any laws or division	14452
rules for the protection of wild animals is tried, as a part of	14453
the punishment, shall revoke the license, stamp, or permit of any	14454
person convicted. The license, stamp, or permit fee paid by that	14455
person shall not be returned to the person. The person shall not	14456
procure or use any other license, stamp, or permit or engage in	14457
hunting wild animals or trapping fur-bearing animals during the	14458
period of revocation as ordered by the court.	14459

No person under sixteen years of age shall engage in hunting	14460
unless accompanied by the person's parent or another adult person.	14461

Sec. 1533.151. The chief of the division of wildlife, with	14462
the approval of the director of natural resources, ~~is hereby~~	14463
~~authorized to~~may print and issue stamps portraying wild animals	14464
of the state. This stamp shall be identified as a wildlife	14465
conservation stamp ~~and the~~. The fee for each stamp shall be ~~five~~	14466
~~dollars~~not more than the fee for a wetlands habitat stamp issued	14467
under section 1533.112 of the Revised Code.	14468

The purchase of wildlife conservation stamps shall provide no	14469
privileges to the purchaser, but merely recognizes ~~such~~the person	14470
as voluntarily contributing to the management, protection, and the	14471
perpetuation of the wildlife resources of the state. All moneys	14472
received from the sale of wildlife conservation stamps shall be	14473
paid into the state treasury to the credit of the nongame and	14474
endangered wildlife fund to be used exclusively by the division of	14475
wildlife for the purposes outlined in section ~~1533.15~~1531.26 of	14476
the Revised Code ~~and for the management of all forms of wildlife~~	14477
~~for its ecological and non-consumptive recreational value~~.	14478

Sec. 1533.19. Except as otherwise provided by division rule,	14479
recognized field trial clubs may shoot domestically raised quails,	14480
chukar partridges, ducks, pheasants, or other game birds and	14481
common pigeons at any time during the daylight hours from the	14482
first day of September to the thirtieth day of April of the	14483
following year, both dates inclusive. Such domestically raised	14484
quails, chukar partridges, ducks, pheasants, and other game birds	14485
shall be banded prior to release and approved by the division of	14486
wildlife for field trial use, provided that permission for the	14487
holding of such a trial shall be obtained from the division.	14488
Permission shall be requested in writing at least thirty days in	14489
advance of the trial. The request shall contain the name of the	14490
recognized field trial club and the names of its officers, the	14491
date and location of the trial, and the name of the licensed	14492
breeders from whom the quails, chukar partridges, ducks,	14493
pheasants, or other game birds will be obtained. The division may	14494
grant a written permit when it is satisfied that the trial is a	14495
bona fide one conducted by a bona fide club under this section.	14496
When an application is approved, a permit shall be issued after	14497
the payment of a fee of ~~twenty-five~~fifty dollars for each day	14498
upon which the trials are conducted. Participants in such trials	14499
need not possess a hunter's license while participating in the	14500
trials. The division shall supervise all such trials and shall	14501
enforce all laws and division rules governing them. If unbanded	14502
quails, chukar partridges, ducks, pheasants, or other game birds	14503
are accidentally shot during such trials, they immediately shall	14504
be replaced by the club by the releasing of an equal number of	14505
live quails, chukar partridges, ducks, pheasants, or other game	14506
birds under the supervision of the division.	14507

Sec. 1533.23. No person shall deal in or buy green or dried	14508
furs, skins, or parts thereof, taken from fur-bearing animals of	14509
the state, except domesticated rabbits, without a fur dealer's	14510
permit. Every applicant for a fur dealer's permit shall make and	14511
subscribe a statement setting forth ~~his~~the applicant's name,	14512
place of residence, and whom hethe applicant represents. Every	14513
applicant for a dealer's permit who is a nonresident of the state,	14514
or who is a resident of the state and is an agent or	14515
representative of a nonresident person, firm, or corporation,	14516
shall pay an annual fee of two hundred dollars to the chief of the	14517
division of wildlife issuing such permit, and every applicant for	14518
a dealer's permit who is a resident of the state shall pay an	14519
annual fee of ~~fifty~~seventy-five dollars to the chief ~~of the~~	14520
~~division of wildlife~~ issuing such permit~~, and every~~. Every fur	14521
dealer shall operate under such additional ~~regulations~~rules as	14522
are provided by the chief ~~of the division of wildlife~~. The chief	14523
shall pay ~~such~~the fees into the state treasury to the credit of	14524
the fund created by section 1533.15 of the Revised Code for the	14525
use of the division of wildlife in the purchase, preservation,	14526
protection, and stocking of fur-bearing animals and for the	14527
necessary clerical help and forms required by this section and	14528
section 1533.24 of the Revised Code.	14529

All permits shall be procured from the chief and the	14530
application, license, and other blanks required by this section	14531
and section 1533.24 of the Revised Code shall be in such form as	14532
the chief prescribes. Each such permit shall expire on the	14533
thirtieth day of April next after its issuance.	14534

Sec. 1533.301. Any person may apply for a permit to	14535
transport fish that are for sale, sold, or purchased. The chief of	14536
the division of wildlife shall issue an annual permit granting the	14537
applicant the privilege to transport such fish, upon filing of an	14538
application on a form prescribed by the chief and payment of a fee	14539
of ~~fifty~~sixty-five dollars. No person shall transport any fish or	14540
part thereof that is for sale, sold, or purchased, whether	14541
acquired in or outside this state, unless the consignor has a	14542
permit ~~issued to him~~ for the calendar year in which the fish is	14543
transported, except that no such permit is required for any of the	14544
following:	14545

(A) Fish transported from a point outside this state to	14546
another point outside this state if the fish are not unloaded in	14547
this state. A fish is not to be considered unloaded for purposes	14548
of this section if it remains under the control of a common	14549
carrier.	14550

(B) Fish being transported by a person holding a valid	14551
license under section 1533.34 of the Revised Code from the place	14552
of taking to ~~his~~the person's usual place of processing or	14553
temporary storage as designated by ~~him~~the person in the	14554
application for the license under that section;	14555

(C) Fish being transported from a premises designated in a	14556
valid permit issued under section 1533.631 of the Revised Code to	14557
a premises where fish are to be sold at retail, sold for immediate	14558
consumption, or consumed if inspection of the designated premises	14559
as required by that section has not been denied during the	14560
preceding thirty days;	14561

(D) Any quantity of fish the total weight of which does not	14562
exceed five hundred pounds in one vehicle;	14563

(E) Minnows for which a permit is required under section	14564
1533.40 of the Revised Code.	14565

If a fish for which a permit is required under this section	14566
is transported in this state from a consignor who does not have a	14567
valid permit at the time of transportation, or if such a fish is	14568
transported in this state from a consignor who has a valid permit	14569
at the time of transportation, but the fish is part of the	14570
contents of a box, package, or receptacle that was or could be the	14571
basis for conviction of a violation of this chapter or a division	14572
rule, the fish may be seized by any law enforcement officer	14573
authorized by section 1531.13 of the Revised Code to enforce laws	14574
and division rules, and the fish shall escheat to the state unless	14575
a court of this state makes a specific finding that the consignor	14576
at the time of seizure had a valid permit under this section	14577
~~1533.301 of the Revised Code~~ and that the fish are lawful under	14578
the requirements of this chapter or a division rule relating	14579
thereto.	14580

A fish for which a permit is required under this section may	14581
be transported only if each box, package, or other receptacle	14582
bears a label showing the total weight in pounds, the species of	14583
the fish, the name of the consignor and consignee, the initial	14584
point of billing, the destination, and a statement that each	14585
species of fish by weight in the box, package, or other receptacle	14586
that are undersized under ~~the provisions of~~ section 1533.63 of the	14587
Revised Code or division rule is ten per cent or less or is in	14588
excess of ten per cent, whichever the fact may be. If fish are not	14589
boxed or packaged, each compartment of a tank or other receptacle	14590
shall be considered a separate receptacle, but in lieu of a label	14591
on the compartment or tank a written statement containing the same	14592
information required to be contained on a label, and clearly	14593
identifying the tank or receptacle concerned, may be carried in	14594
the vehicle. Species may be designated in any manner, but the	14595
label also shall bear either the common name indicated in section	14596
1533.63 of the Revised Code or the scientific name contained in	14597
section 1531.01 of the Revised Code. The consignor shall ascertain	14598
that labels are attached or statements carried as required herein	14599
and that the facts stated thereon are true.	14600

The permit required by this section may be suspended by the	14601
chief for a period not to exceed five days upon conviction of the	14602
permittee of a violation of this chapter or Chapter 1531. of the	14603
Revised Code or a division rule if the permittee has been	14604
convicted of another such violation during the preceding	14605
twelve-month period. If the permittee has had two or more such	14606
convictions during the twelve-month period preceding such a	14607
conviction, ~~his~~the permittee's permit may be suspended as	14608
provided herein for a period not to exceed twenty days. A permit	14609
is invalid during the period of suspension, but in no case is a	14610
permit invalid until fifteen days after mailing by certified mail	14611
a notice of the rule of suspension by the chief.	14612

The chief may not suspend more than one permit of the same	14613
permittee, or suspend a permit of the same permittee more than	14614
once, for convictions resulting from violations that occur in a	14615
load in one vehicle.	14616

A driver or other person in charge of a vehicle transporting	14617
fish that are for sale, sold, or purchased, upon demand by any law	14618
enforcement officer authorized by section 1531.13 of the Revised	14619
Code to enforce laws and division rules, shall stop and open the	14620
vehicle and allow inspection of the load, and any box, package, or	14621
receptacle, and the contents thereof, for the purpose of	14622
determining whether this chapter or a division rule is being	14623
violated.	14624

The word "fish" in the English language, at least eight	14625
inches high and maintained in a clear, conspicuous, and legible	14626
condition at all times, shall appear on both sides of the vehicle	14627
body of all vehicles transporting fresh water fish in this state	14628
when the fish are for sale or sold, except those fish exempt from	14629
a transportation permit in divisions (A), (B), and (E) of this	14630
section.	14631

The chief may refuse to issue a permit to any person whose	14632
purpose in applying for the permit is to allow it to be used by	14633
another person to whom a permit has been refused or revoked. The	14634
chief also may revoke a person's permit when it is used for that	14635
purpose.	14636

No civil action may be brought in any court in the state for	14637
the value or agreed price of fish that have escheated to the state	14638
under this section.	14639

No person shall fail to comply with any provision of this	14640
section or a division rule adopted pursuant thereto.	14641

In addition to other penalties provided in the Revised Code,	14642
the permit of any person who is convicted of two violations of	14643
this section that occurred within a twelve-month period is	14644
suspended upon the second such conviction by operation of law for	14645
a period of five fishing season days immediately following that	14646
conviction.	14647

In addition to other penalties provided in the Revised Code,	14648
the permit of any person who is convicted of three or more	14649
violations of this section that occurred within a twelve-month	14650
period is suspended upon the third or subsequent conviction by	14651
operation of law for a period of twenty fishing season days	14652
immediately following that conviction.	14653

During any period of suspension, no person shall use or	14654
engage in hauling or transporting fish with equipment owned, used,	14655
or controlled at the time of conviction by the permittee whose	14656
permit has been suspended.	14657

Sec. 1533.32. Except as provided in this section or division	14658
(A) or (C) of section 1533.12 of the Revised Code, no person,	14659
including nonresidents, shall take or catch any fish by angling in	14660
any of the waters in the state or engage in fishing in those	14661
waters without a license. No person shall take or catch frogs or	14662
turtles without a valid fishing license, except as provided in	14663
this section. Persons fishing in privately owned ponds, lakes, or	14664
reservoirs to or from which fish are not accustomed to migrate are	14665
exempt from the license requirements set forth in this section.	14666
Persons fishing in privately owned ponds, lakes, or reservoirs	14667
that are open to public fishing through an agreement or lease with	14668
the division of wildlife shall comply with the license	14669
requirements set forth in this section.	14670

The fee for an annual license shall be ~~twenty-three~~	14671
thirty-nine dollars for a resident of a state that is not a party	14672
to an agreement under section 1533.91 of the Revised Code. The fee	14673
for an annual license shall be ~~fourteen~~eighteen dollars for a	14674
resident of a state that is a party to such an agreement. The fee	14675
for an annual license for residents of this state shall be	14676
~~fourteen~~eighteen dollars unless the rules adopted under division	14677
(B) of section 1533.12 of the Revised Code provide for issuance of	14678
a resident fishing license to the applicant free of charge. Except	14679
as provided in rules adopted under division (B)(2) of that	14680
section, each applicant who is a resident of this state and who at	14681
the time of application is sixty-six years of age or older shall	14682
procure a special senior fishing license, the fee for which shall	14683
be one-half of the annual resident fishing license fee.	14684

Any person under the age of sixteen years may take or catch	14685
frogs and turtles and take or catch fish by angling without a	14686
license. ~~Any resident of this state sixty-six years of age or~~	14687
~~older may take or catch frogs and turtles without a license.~~	14688

The chief of the division of wildlife may issue a tourist's	14689
license expiring three days from the effective date of the license	14690
to a resident of a state that is not a party to an agreement under	14691
section 1533.91 of the Revised Code. The fee for a tourist's	14692
license shall be ~~fourteen~~eighteen dollars.	14693

The chief shall adopt rules under section 1531.10 of the	14694
Revised Code providing for the issuance of a one-day fishing	14695
license to a resident of this state or of any other state. The fee	14696
for such a license shall be ~~forty~~fifty-five per cent of the	14697
amount established under this section for a tourist's license,	14698
rounded up to the nearest whole dollar. A one-day fishing license	14699
shall allow the holder to take or catch fish by angling in the	14700
waters in the state, engage in fishing in those waters, or take or	14701
catch frogs or turtles in those waters for one day without	14702
obtaining an annual license or a tourist's license under this	14703
section. At the request of a holder of a one-day fishing license	14704
who wishes to obtain an annual license, a clerk or agent	14705
authorized to issue licenses under section 1533.13 of the Revised	14706
Code, not later than the last day on which the one-day license	14707
would be valid if it were an annual license, shall credit the	14708
amount of the fee paid for the one-day license toward the fee	14709
charged for the annual license if so authorized by the chief. The	14710
clerk or agent shall issue the annual license upon presentation of	14711
the one-day license and payment of a fee in an amount equal to the	14712
difference between the fee for the annual license and the fee for	14713
the one-day license.	14714

~~A fee of one dollar for each license issued under this~~	14715
~~section shall be paid to the issuing clerk or agent in accordance~~	14716
~~with section 1533.13 of the Revised Code~~.	14717

Unless otherwise provided by division rule, each annual	14718
license shall begin on the first day of March of the current year	14719
and expire on the last day of February of the following year.	14720

No person shall alter a fishing license or possess a fishing	14721
license that has been altered.	14722

No person shall procure or attempt to procure a fishing	14723
license by fraud, deceit, misrepresentation, or any false	14724
statement.	14725

Owners of land over, through, upon, or along which any water	14726
flows or stands, except where the land is in or borders on state	14727
parks or state-owned lakes, together with the members of the	14728
immediate families of such owners, may take frogs and turtles and	14729
may take or catch fish of the kind permitted to be taken or caught	14730
therefrom without procuring a license provided for in this	14731
section. This exemption extends to tenants actually residing upon	14732
such lands and to the members of the immediate families of the	14733
tenants. Residents of state or county institutions, charitable	14734
institutions, and military homes in this state may take frogs and	14735
turtles without procuring the required license, provided that a	14736
member of the institution or home has an identification card,	14737
which shall be carried on that person when fishing.	14738

Every fisher required to be licensed, while fishing or taking	14739
or attempting to take frogs or turtles, shall carry the license	14740
and exhibit it to any person. Failure to so carry and exhibit the	14741
license constitutes an offense under this section.	14742

Sec. 1533.35. (A) Commercial fishing devices shall be	14743
annually licensed as follows:	14744

(1) Trap and fyke nets, for the first twenty nets or any	14745
portion thereof, eight hundred dollars; and for each additional	14746
group of ten such nets or any portion thereof, four hundred	14747
dollars;	14748

(2) For each seine of one hundred fifty rods or less in	14749
length other than an inland fishing district seine, four hundred	14750
dollars;	14751

(3) For each seine over one hundred fifty rods in length	14752
other than an inland fishing district seine, six hundred dollars;	14753

(4) For each inland fishing district seine, one hundred	14754
dollars;	14755

(5) For each carp apron, one hundred dollars;

14756

(6) For one trotline with seventy hooks or less attached	14757
thereto, twenty dollars;	14758

(7) For each trotline, or trotlines, with a total of more	14759
than seventy hooks attached thereto, one hundred dollars;	14760

(8) For each dip net, one hundred dollars.

14761

The license fee for other commercial fishing gear not	14762
mentioned in this section, as approved by the chief of the	14763
division of wildlife, shall be set by the chief with approval of	14764
the wildlife council.	14765

Commercial fishing gear owned or used by a nonresident may be	14766
licensed in this state only if a reciprocal agreement is in effect	14767
as provided for in section 1533.352 of the Revised Code.	14768

All commercial license fees shall be paid upon application or	14769
shall be paid one-fourth upon application with the balance due and	14770
owing within ninety days of the date of application, except that	14771
those license fees of one hundred dollars or less shall be paid in	14772
full at the time of application.	14773

(B) Royalty fees are hereby established ~~as set forth~~ on the	14774
following species of fish when taken commercially: catfish, white	14775
bass, and yellow perch.	14776

The amount of the royalty fees shall be as follows: on the	14777
species taken for which an allowable catch or quota has been	14778
established by division rule, ~~two~~five cents per pound. On the	14779
species taken for which an allowable catch or quota has not been	14780
established by division rule, ~~one cent~~two cents per pound ~~on that~~	14781
~~portion taken that exceeds one-half of the previous year's taking~~	14782
~~of the species~~.	14783

~~For the purpose of this section, the previous year's taking~~	14784
~~shall be the amount reported for that previous year by the license~~	14785
~~holder to the division pursuant to reporting procedures set forth~~	14786
~~in this chapter and Chapter 1531. of the Revised Code.~~	14787

All royalty fees established or provided for in this section	14788
shall be paid by the license holder to the division. No person may	14789
be issued a commercial fishing license until all royalty fees due	14790
from that person for the preceding fishing season have been paid	14791
in full. The chief may request the attorney general to recover any	14792
royalty fee or amount thereof that is not paid by the opening date	14793
of the next fishing season, and the attorney general shall	14794
commence appropriate legal proceedings to recover the unpaid fee	14795
or amount.	14796

All commercial fishing license moneys and all other fees	14797
collected from commercial ~~fishermen~~fishers shall be deposited in	14798
the state treasury in accordance with section 1533.33 of the	14799
Revised Code.	14800

No person shall fail to comply with any provision of this	14801
section or a division rule adopted pursuant to it.	14802

In addition to other penalties provided in the Revised Code,	14803
the license of any person who is convicted of one or more	14804
violations of this section shall be suspended upon the conviction	14805
by operation of law for a period of eighteen fishing season months	14806
immediately following the conviction.	14807

During any period of suspension, no person shall use or	14808
engage in fishing with commercial gear owned, used, or controlled	14809
at the time of conviction by the licensee whose license has been	14810
suspended.	14811

Sec. 1533.40. Each person, firm, partnership, association,	14812
or corporation ~~which~~that buys, sells, or deals in minnows,	14813
crayfish, or hellgrammites or collects the listed species for sale	14814
shall obtain, annually, from the chief of the division of wildlife	14815
a permit and shall operate under such rules as the chief ~~of the~~	14816
~~division of wildlife prescribes~~adopts. ~~Such~~A permit shall be	14817
issued upon application and the payment of a fee of ~~twenty-five~~	14818
forty dollars. This permit expires at midnight,on the	14819
thirty-first day of December 31. Nonresidents engaging in the	14820
collecting, seining, or picking of minnows, crayfish, or	14821
hellgrammites for bait shall have a nonresident fishing license as	14822
prescribed in section 1533.32 of the Revised Code.	14823

Sec. 1533.54. No person shall draw, set, place, locate,	14824
maintain, or possess a pound net, crib net, trammel net, fyke net,	14825
set net, seine, bar net, or fish trap, or any part thereof, or	14826
throw or hand line, with more than three hooks attached thereto,	14827
or any other device for catching fish, except a line with not more	14828
than three hooks attached thereto or lure with not more than three	14829
sets of three hooks each, in the inland fishing district of this	14830
state, except for taking carp, mullet, sheepshead, and grass pike	14831
as provided in section 1533.62 of the Revised Code, and except as	14832
provided in section 1533.60 of the Revised Code, or as otherwise	14833
provided for by division rule. No person shall catch or kill a	14834
fish in that fishing district with what are known as bob lines,	14835
trotlines, or float lines, or by grabbing with the hands, or by	14836
spearing or shooting, or with any other device other than by	14837
angling. In the waters of the inland fishing district, except	14838
those lakes, harbors, and reservoirs controlled by the state, a	14839
trotline may be used with not more than fifty hooks, and no two	14840
hooks less than three feet apart, by the owner or person having	14841
the owner's consent in that part of the stream bordering on or	14842
running through that owner's lands.	14843

Notwithstanding this section, any resident who is licensed to	14844
fish with nets in the Ohio river may possess fish nets for the	14845
sole purpose of storage, repair, drying, and tarring in the area	14846
between United States route fifty and the Ohio river from the	14847
Indiana state line to Cincinnati, Ohio, and in the area between	14848
United States route fifty-two and the Ohio river from Cincinnati,	14849
Ohio, to Chesapeake, Ohio, and in the area between state route	14850
seven and the Ohio river from Chesapeake, Ohio, to East Liverpool,	14851
Ohio.	14852

Any person possessing a net in this reserve district shall	14853
have an Ohio permit for each net in ~~his~~the person's possession.	14854
The permit shall be issued annually by the chief of the division	14855
of wildlife upon application of the owner of the net and	14856
submission of evidence by ~~him~~the owner of ~~his~~ possession of a	14857
valid fishing license permitting ~~him~~the owner to fish with nets	14858
in the Ohio river, and the payment of ~~ten~~fifty dollars for each	14859
net for which an application is made and a permit is issued. The	14860
permit shall expire at twelve midnight on the fifteenth day of	14861
March of each year.	14862

Sec. 1533.631. Any person may apply for a permit to handle	14863
commercial fish, or other fish that may be bought or sold under	14864
the Revised Code or division rule, at wholesale. The chief of the	14865
division of wildlife shall issue an annual permit granting the	14866
applicant the privilege to handle such fish at wholesale at one or	14867
more designated premises upon filing of an application on a form	14868
prescribed by the chief and payment of a fee of ~~fifty~~sixty-five	14869
dollars. No person or ~~his~~a person's agent shall handle at	14870
wholesale any fresh water fish or part thereof unless a permit has	14871
been issued for the calendar year in which the fish is handled at	14872
wholesale for the premises at which the fish is handled.	14873

A fish is handled at wholesale for purposes of this section	14874
when it is on a premises within the state and is being held,	14875
stored, handled, or processed for the purpose of sale to a person	14876
who ordinarily resells the fish.	14877

The permit required by this section shall be issued subject	14878
to the right of entry and inspection of the designated premises of	14879
the permittee by any law enforcement officer authorized by section	14880
1531.13 of the Revised Code to enforce the laws and rules of the	14881
division of wildlife. Such an officer may enter and inspect the	14882
designated premises and any box, package, or receptacle, and the	14883
contents thereof, for the purpose of determining whether any	14884
provision of this chapter or Chapter 1531. of the Revised Code or	14885
division rule is being violated.	14886

No person holding a permit under this section shall remove a	14887
label required by section 1533.301 of the Revised Code unless the	14888
box, package, or receptacle bearing the label has been opened or	14889
unless the label is replaced with another label that meets the	14890
requirements of that section.	14891

No person shall fail to comply with any provision of this	14892
section or division rule adopted pursuant to it.	14893

In addition to other penalties provided in the Revised Code,	14894
the permit of any person who is convicted of two violations of	14895
this section that occurred within a twelve-month period is	14896
suspended upon the second such conviction by operation of law for	14897
a period of five fishing season days immediately following that	14898
conviction.	14899

In addition to other penalties provided in the Revised Code,	14900
the permit of any person who is convicted of three or more	14901
violations of this section that occurred within a twelve-month	14902
period is suspended upon the third or subsequent such conviction	14903
by operation of law for a period of twenty fishing season days	14904
immediately following that conviction.	14905

During any period of suspension, no person shall use or	14906
engage in handling commercial fish at wholesale with equipment or	14907
facilities owned, used, or controlled at the time of conviction by	14908
the permittee whose permit has been suspended.	14909

Sec. 1533.632. (A) As used in this section:

14910

(1) "Aquaculture" means a form of agriculture that involves	14911
the propagation and rearing of aquatic species in controlled	14912
environments under private control, including, but not limited to,	14913
for the purpose of sale for consumption as food.	14914

(2) "Aquaculture species" means any aquatic species that may	14915
be raised through aquaculture that is either a class A aquaculture	14916
species or a class B aquaculture species.	14917

(3) "Class A aquaculture species" includes all of the	14918
following:	14919

(a) Trout and salmon (Onchorhynchus sp., Salmo sp.,	14920
Salvelinus sp.);	14921

(b) Walleye (Stizostedion vitreum);

14922

14923

(d) Bluegill (Lepomis machrochirus);

14924

(e) Redear sunfish (Lepomis microlophus);

14925

(f) Green sunfish (Lepomis cyanellus);

14926

(g) White crappie (Pomoxis annularis);

14927

(h) Black crappie (Pomoxis nigromaculatus);

14928

(i) Blue catfish (Ictalurus furcatus);

14929

(j) Any species added by rule under division (B) of this	14930
section or listed as commercial fish under section 1531.01 of the	14931
Revised Code except white perch (Morone americana).	14932

(4) "Class B aquaculture species" includes any species,	14933
except for class A aquaculture species, designated as such by the	14934
chief of the division of wildlife.	14935

(5) "Aquaculture production facility" means a facility used	14936
for aquaculture.	14937

(B) The chief, in accordance with Chapter 119. of the Revised	14938
Code, shall adopt rules for the regulation of aquaculture and may	14939
issue permits to persons wishing to engage in aquaculture for the	14940
production of aquaculture species. Rules adopted under this	14941
section shall ensure the protection and preservation of the	14942
wildlife and natural resources of this state. The legal length and	14943
weight limitations established under section 1533.63 of the	14944
Revised Code do not apply to class A or class B aquaculture	14945
species.	14946

A permit may be issued upon application to any person who	14947
satisfies the chief that the person has suitable equipment, of	14948
which hethe person is the owner or lessee, to engage in	14949
aquaculture for a given aquaculture species or group of	14950
aquaculture species. Each permit shall be in such form as the	14951
chief prescribes. The permits shall be classified as either class	14952
A or class B. A class A permit shall be required for all class A	14953
aquaculture species that are specified in this section or	14954
designated by rule as a class A aquaculture species. Class B	14955
permits shall be issued on a case-by-case basis. In determining	14956
whether to issue a class B permit, the chief shall take into	14957
account the species for which the class B permit is requested, the	14958
location of the aquaculture production facility, and any other	14959
information determined by the chief to be necessary to protect the	14960
wildlife and natural resources of this state. The annual fee for a	14961
class A permit shall be fifty dollars unless otherwise provided by	14962
rule by the chief. The annual fee for a class B permit shall be	14963
set by the chief at a level between one hundred and five hundred	14964
dollars. In determining the fee to be charged for a class B	14965
permit, the chief shall take into account the additional costs to	14966
the division for the inspection of aquaculture facilities used to	14967
raise a given class B aquaculture species.	14968

The chief may revoke a permit upon a determination that the	14969
person to whom the permit was issued has violated any rule adopted	14970
under this section. The permit shall be reissued upon a showing by	14971
the person that hethe person is in compliance with the rules	14972
adopted under this section. A holder of an aquaculture permit may	14973
receive a permit issued under section 1533.301~~, 1533.39,~~ or	14974
1533.40 of the Revised Code without payment of the fee for that	14975
permit if the conditions for the issuance of the permit have been	14976
met.	14977

(C) No person shall knowingly sell any aquatic species under	14978
an aquaculture permit issued under this section that was not	14979
raised in an aquaculture production facility. In addition to any	14980
other penalties prescribed for violation of this division, the	14981
chief may revoke the permit of any person convicted of a violation	14982
of this division for any period of time hethe chief considers	14983
necessary.	14984

(D) No person who does not hold a current valid aquaculture	14985
permit shall knowingly sell an aquaculture species while claiming	14986
to possess an aquaculture permit.	14987

Sec. 1533.71. Unless otherwise provided by division rule,	14988
any person desiring to engage in the business of raising and	14989
selling game birds, game quadrupeds, reptiles, amphibians, or	14990
fur-bearing animals in a wholly enclosed preserve of which the	14991
person is the owner or lessee, or to have game birds, game	14992
quadrupeds, reptiles, amphibians, or fur-bearing animals in	14993
captivity, shall apply in writing to the division of wildlife for	14994
a license to do so.	14995

The division, when it appears that the application is made in	14996
good faith and upon the payment of the fee for each license, ~~shall~~	14997
may issue to the applicant any of the following licenses that may	14998
be applied for:	14999

(A) "Commercial propagating license" permitting the licensee	15000
to propagate game birds, game quadrupeds, reptiles, amphibians, or	15001
fur-bearing animals in the wholly enclosed preserve the location	15002
of which is stated in the license and the application therefor,	15003
and to sell the propagated game birds, game quadrupeds, reptiles,	15004
amphibians, or fur-bearing animals and ship them from the state	15005
alive at any time, and permitting the licensee and the licensee's	15006
employees to kill the propagated game birds, game quadrupeds, or	15007
fur-bearing animals and sell the carcasses for food subject to	15008
sections 1533.70 to 1533.80 of the Revised Code. The fee for such	15009
a license is ~~twenty-five~~forty dollars per annum.	15010

(B) "Noncommercial propagating license" permitting the	15011
licensee to propagate game birds, game quadrupeds, reptiles,	15012
amphibians, or fur-bearing animals and to hold the animals in	15013
captivity. Game birds, game quadrupeds, reptiles, amphibians, and	15014
fur-bearing animals propagated or held in captivity by authority	15015
of a noncommercial propagating license are for the licensee's own	15016
use and shall not be sold. The fee for such a license is ~~ten~~	15017
twenty-five dollars per annum.	15018

(C) A free "raise to release license" permitting duly	15019
organized clubs, associations, or individuals approved by the	15020
division to engage in the raising of game birds, game quadrupeds,	15021
or fur-bearing animals for release only and not for sale or	15022
personal use.	15023

Except as provided by law, no person shall possess game	15024
birds, game quadrupeds, or fur-bearing animals in closed season,	15025
provided that municipal or governmental zoological parks are not	15026
required to obtain the licenses provided for in this section.	15027

All licenses issued under this section shall expire on the	15028
fifteenth day of March of each year.	15029

The chief of the division of wildlife shall pay all moneys	15030
received as fees for the issuance of licenses under this section	15031
into the state treasury to the credit of the fund created by	15032
section 1533.15 of the Revised Code for the use of the division in	15033
the purchase, preservation, and protection of wild animals and for	15034
the necessary clerical help and forms required by sections 1533.70	15035
to 1533.80 of the Revised Code.	15036

This section does not authorize the taking or the release for	15037
taking of the following:	15038

(1) Game birds, without first obtaining a commercial bird	15039
shooting preserve license issued under section 1533.72 of the	15040
Revised Code;	15041

(2) Game or nonnative wildlife, without first obtaining a	15042
wild animal hunting preserve license issued under section 1533.721	15043
of the Revised Code.	15044

Sec. 1533.82. (A) On receipt of a notice pursuant to section	15045
3123.43 of the Revised Code, the chief of the division of wildlife	15046
shall comply with sections 3123.41 to 3123.50 of the Revised Code	15047
and any applicable rules adopted under section 3123.63 of the	15048
Revised Code with respect to a license, permit, or certificate	15049
issued pursuant to section 1533.23, 1533.34, 1533.342, ~~1533.39,~~	15050
1533.40, 1533.51, 1533.631, 1533.71, 1533.72, 1533.81, 1533.88, or	15051
1533.881 of the Revised Code.	15052

(B) On receipt of a notice pursuant to section 3123.62 of the	15053
Revised Code, the chief shall comply with that section and any	15054
applicable rules adopted under section 3123.63 of the Revised Code	15055
with respect to a license, permit, or stamp issued pursuant to	15056
section 1533.10, 1533.11, 1533.111, 1533.112, or 1533.32 of the	15057
Revised Code.	15058

Sec. 1541.10. Any person selected by the chief of the	15059
division of parks and recreation for custodial or patrol service	15060
on the lands and waters operated or administered by the division	15061
of parks and recreation shall be employed in conformity with the	15062
law applicable to the classified civil service of the state.	15063
Subject to section 1541.11 of the Revised Code, the chief may	15064
designate that person as a park officer. A park officer, on any	15065
lands and waters owned, controlled, maintained, or administered by	15066
the department of natural resources and on highways, as defined in	15067
section 4511.01 of the Revised Code, adjacent to lands and waters	15068
owned, controlled, maintained, or administered by the division,	15069
has the authority specified under section 2935.03 of the Revised	15070
Code for peace officers of the department of natural resources to	15071
keep the peace, to enforce all laws and rules governing those	15072
lands and waters, and to make arrests for violation of those laws	15073
and rules, provided that the authority shall be exercised on lands	15074
or waters administered by another division of the department only	15075
pursuant to an agreement with the chief of that division or to a	15076
request for assistance by an enforcement officer of that division	15077
in an emergency. A park officer, in or along any watercourse	15078
within, abutting, or upstream from the boundary of any area	15079
administered by the department, has the authority to enforce	15080
section 3767.32 of the Revised Code and any other laws prohibiting	15081
the dumping of refuse into or along waters and to make arrests for	15082
violation of those laws. The jurisdiction of park officers shall	15083
be concurrent with that of the peace officers of the county,	15084
township, or municipal corporation in which the violation occurs.	15085
A state park, for purposes of this section, is any area that is	15086
administered as a state park by the division of parks and	15087
recreation.	15088

The ~~governor~~secretary of state, upon the recommendation of	15089
the chief, shall issue to each park officer a commission	15090
indicating authority to make arrests as provided in this section.	15091

The chief shall furnish a suitable badge to each commissioned	15092
park officer as evidence of that park officer's authority.	15093

If any person employed under this section is designated by	15094
the chief to act as an agent of the state in the collection of	15095
moneys resulting from the sale of licenses, fees of any nature, or	15096
other moneys belonging to the state, the chief shall require a	15097
surety bond from that person in an amount not less than one	15098
thousand dollars.	15099

A park officer may render assistance to a state or local law	15100
enforcement officer at the request of that officer or may render	15101
assistance to a state or local law enforcement officer in the	15102
event of an emergency.	15103

Park officers serving outside the division of parks and	15104
recreation under this section or serving under the terms of a	15105
mutual aid compact authorized under section 1501.02 of the Revised	15106
Code shall be considered as performing services within their	15107
regular employment for the purposes of compensation, pension or	15108
indemnity fund rights, workers' compensation, and other rights or	15109
benefits to which they may be entitled as incidents of their	15110
regular employment.	15111

Park officers serving outside the division of parks and	15112
recreation under this section or under a mutual aid compact retain	15113
personal immunity from civil liability as specified in section	15114
9.86 of the Revised Code and shall not be considered an employee	15115
of a political subdivision for purposes of Chapter 2744. of the	15116
Revised Code. A political subdivision that uses park officers	15117
under this section or under the terms of a mutual aid compact	15118
authorized under section 1501.02 of the Revised Code is not	15119
subject to civil liability under Chapter 2744. of the Revised Code	15120
as the result of any action or omission of any park officer acting	15121
under this section or under a mutual aid compact.	15122

Sec. 1548.06. Application for a certificate of title for a	15123
watercraft or outboard motor shall be made upon a form prescribed	15124
by the chief of the division of watercraft and shall be sworn to	15125
before a notary public or other officer empowered to administer	15126
oaths. The application shall be filed with the clerk of any court	15127
of common pleas. An application for a certificate of title may be	15128
filed electronically by any electronic means approved by the chief	15129
in any county with the clerk of the court of common pleas of that	15130
county. The application shall be accompanied by the fee prescribed	15131
in section 1548.10 of the Revised Code. The fee shall be retained	15132
by the clerk who issues the certificate of title and shall be	15133
distributed in accordance with that section. If a clerk of a court	15134
of common pleas, other than the clerk of the court of common pleas	15135
of an applicant's county of residence, issues a certificate of	15136
title to the applicant, the clerk shall transmit data related to	15137
the transaction to the automated title processing system.	15138

If a certificate of title previously has been issued for the	15139
watercraft or outboard motor, the application for a certificate of	15140
title also shall be accompanied by the certificate of title duly	15141
assigned unless otherwise provided in this chapter. If a	15142
certificate of title previously has not been issued for the	15143
watercraft or outboard motor in this state, the application,	15144
unless otherwise provided in this chapter, shall be accompanied by	15145
a manufacturer's or importer's certificate; by a sworn statement	15146
of ownership if the watercraft or outboard motor was purchased by	15147
the applicant on or before October 9, 1963, or if the watercraft	15148
is less than fourteen feet long with a permanently affixed	15149
mechanical means of propulsion and was purchased by the applicant	15150
on or before January 1, 2000; or by a certificate of title, bill	15151
of sale, or other evidence of ownership required by the law of	15152
another state from which the watercraft or outboard motor was	15153
brought into this state. Evidence of ownership of a watercraft or	15154
outboard motor for which an Ohio certificate of title previously	15155
has not been issued and which watercraft or outboard motor does	15156
not have permanently affixed to it a manufacturer's serial number	15157
shall be accompanied by the certificate of assignment of a hull	15158
identification number assigned by the chief as provided in section	15159
1548.07 of the Revised Code.	15160

The clerk shall retain the evidence of title presented by the	15161
applicant and on which the certificate of title is issued, except	15162
that, if an application for a certificate of title is filed	15163
electronically, by a vendor on behalf of a purchaser of a	15164
watercraft or outboard motor, the clerk shall retain the completed	15165
electronic record to which the vendor converted the certificate of	15166
title application and other required documents. ~~The vendor shall~~	15167
~~forward the actual application and all other documents relating to~~	15168
~~the sale of the watercraft or outboard motor to any clerk within~~	15169
~~thirty days after the certificate of title is issued.~~ The chief,	15170
after consultation with the attorney general, shall adopt rules	15171
that govern the location at which, and the manner in which, are	15172
stored the actual application and all other documents relating to	15173
the sale of a watercraft or outboard motor when a vendor files the	15174
application for a certificate of title electronically on behalf of	15175
a purchaser.	15176

The clerk shall use reasonable diligence in ascertaining	15177
whether the facts in the application are true by checking the	15178
application and documents accompanying it or the electronic record	15179
to which a vendor converted the application and accompanying	15180
documents with the records of watercraft and outboard motors in	15181
the clerk's office. If the clerk is satisfied that the applicant	15182
is the owner of the watercraft or outboard motor and that the	15183
application is in the proper form, the clerk shall issue a	15184
physical certificate of title over the clerk's signature and	15185
sealed with the clerk's seal unless the applicant specifically	15186
requests the clerk not to issue a physical certificate of title	15187
and instead to issue an electronic certificate of title. However,	15188
if the evidence indicates and an investigation shows that one or	15189
more Ohio titles already exist for the watercraft or outboard	15190
motor, the chief may cause the redundant title or titles to be	15191
canceled.	15192

In the case of the sale of a watercraft or outboard motor by	15193
a vendor to a general purchaser or user, the certificate of title	15194
shall be obtained in the name of the purchaser by the vendor upon	15195
application signed by the purchaser. In all other cases, the	15196
certificate shall be obtained by the purchaser. In all cases of	15197
transfer of watercraft or outboard motors, the application for	15198
certificate of title shall be filed within thirty days after the	15199
later of the date of purchase or assignment of ownership of the	15200
watercraft or outboard motor. If the application for certificate	15201
of title is not filed within thirty days after the later of the	15202
date of purchase or assignment of ownership of the watercraft or	15203
outboard motor, the clerk shall charge a late penalty fee of five	15204
dollars in addition to the fee prescribed by section 1548.10 of	15205
the Revised Code. The clerk shall retain the entire amount of each	15206
late penalty fee.	15207

The clerk shall refuse to accept an application for	15208
certificate of title unless the applicant either tenders with the	15209
application payment of all taxes levied by or pursuant to Chapter	15210
5739. or 5741. of the Revised Code based on the applicant's county	15211
of residence less, in the case of a sale by a vendor, any discount	15212
to which the vendor is entitled under section 5739.12 of the	15213
Revised Code, or submits any of the following:	15214

(A) A receipt issued by the tax commissioner or a clerk of	15215
courts showing payment of the tax;	15216

(B) A copy of the unit certificate of exemption completed by	15217
the purchaser at the time of sale as provided in section 5739.03	15218
of the Revised Code;	15219

(C) An exemption certificate, in a form prescribed by the tax	15220
commissioner, that specifies why the purchase is not subject to	15221
the tax imposed by Chapter 5739. or 5741. of the Revised Code.	15222

Payment of the tax shall be in accordance with rules issued	15223
by the tax commissioner, and the clerk shall issue a receipt in	15224
the form prescribed by the tax commissioner to any applicant who	15225
tenders payment of the tax with the application for the	15226
certificate of title.	15227

For receiving and disbursing the taxes paid to the clerk by a	15228
resident of the clerk's county, the clerk may retain a poundage	15229
fee of one and one one-hundredth per cent of the taxes collected,	15230
which shall be paid into the certificate of title administration	15231
fund created by section 325.33 of the Revised Code. The clerk	15232
shall not retain a poundage fee from payments of taxes by persons	15233
who do not reside in the clerk's county.	15234

A clerk, however, may retain from the taxes paid to the clerk	15235
an amount equal to the poundage fees associated with certificates	15236
of title issued by other clerks of courts of common pleas to	15237
applicants who reside in the first clerk's county. The chief of	15238
the division of watercraft, in consultation with the tax	15239
commissioner and the clerks of the courts of common pleas, shall	15240
develop a report from the automated title processing system that	15241
informs each clerk of the amount of the poundage fees that the	15242
clerk is permitted to retain from those taxes because of	15243
certificates of title issued by the clerks of other counties to	15244
applicants who reside in the first clerk's county.	15245

In the case of casual sales of watercraft or outboard motors	15246
that are subject to the tax imposed by Chapter 5739. or 5741. of	15247
the Revised Code, the purchase price for the purpose of	15248
determining the tax shall be the purchase price on an affidavit	15249
executed and filed with the clerk by the vendor on a form to be	15250
prescribed by the chief, which shall be prima-facie evidence of	15251
the price for the determination of the tax. In addition to the	15252
information required by section 1548.08 of the Revised Code, each	15253
certificate of title shall contain in bold lettering the following	15254
notification and statements: "WARNING TO TRANSFEROR AND TRANSFEREE	15255
(SELLER AND BUYER). You are required by law to state the true	15256
selling price. A false statement is a violation of section 2921.13	15257
of the Revised Code and is punishable by six months imprisonment	15258
or a fine of up to one thousand dollars, or both. All transfers	15259
are audited by the department of taxation. The seller and buyer	15260
must provide any information requested by the department of	15261
taxation. The buyer may be assessed any additional tax found to be	15262
due."	15263

The clerk shall forward all payments of taxes, less poundage	15264
fees, to the treasurer of state in a manner to be prescribed by	15265
the tax commissioner and shall furnish information to the	15266
commissioner as the commissioner may require. For purposes of a	15267
transfer of a certificate of title, if the clerk is satisfied that	15268
a secured party has discharged a lien but has not canceled the	15269
lien notation with a clerk, the clerk may cancel the lien notation	15270
on the automated title processing system and notify the clerk of	15271
the county of origin.	15272

Every clerk shall have the capability to transact by	15273
electronic means all procedures and transactions relating to the	15274
issuance of watercraft or outboard motor certificates of title	15275
that are described in the Revised Code as being accomplished by	15276
electronic means.	15277

Sec. 1551.11. (A) To achieve the purposes of ~~this chapter~~	15278
sections 1551.01 to 1551.25 of the Revised Code, the director of	15279
development may:	15280

(1) Identify, plan, organize, initiate, and sponsor studies,	15281
research, and experimental, pilot, and demonstration facilities	15282
and projects ~~which~~that would lead to the development and more	15283
efficient utilization of present, new, or alternative energy	15284
sources in ~~the~~this state, to the conservation of energy, to the	15285
attraction of federal and other development funding in emerging	15286
and established national or state priority areas, or to the	15287
enhancement of the economic development of the state;	15288

(2) Promote, assist, and provide financial assistance for the	15289
development of nonprofit corporations organized and established	15290
under Chapter 1702. of the Revised Code to further the purposes of	15291
this section;	15292

(3) Seek out, apply for, receive, and accept grants, gifts,	15293
contributions, loans, and other assistance in any form from public	15294
and private sources, including assistance from any governmental	15295
agency;	15296

(4) Make grants under division (F) of section 1551.12 of the	15297
Revised Code from funds that are appropriated by the general	15298
assembly and from gifts or grants obtained under division (A)(3)	15299
of this section for the purposes of developing, constructing, or	15300
operating experimental, pilot, and demonstration facilities or	15301
programs which develop, test, or demonstrate more efficient and	15302
environmentally acceptable methods of extracting energy resources;	15303
new concepts, programs, or technology for the conservation of	15304
energy; new concepts, programs, or technology for the efficient	15305
and environmentally acceptable utilization of present, new, or	15306
alternative energy sources; or concepts, programs, or technology	15307
which develop resources of the state. Grants may be made, without	15308
limitation, for projects and programs such as experimental	15309
demonstrations of the use of Ohio coal in processes which would	15310
facilitate its widespread use as a source of energy; experimental	15311
demonstrations of new or improved coal, natural gas, and natural	15312
petroleum extraction techniques and of reclamation techniques at	15313
the extraction sites; experimental demonstrations or development	15314
of solar heating and cooling and potentially energy-efficient	15315
construction in public buildings, schools, offices, commercial	15316
establishments, and residential homes; development of programs or	15317
experimental demonstrations of the utilization of waste products	15318
in energy production and mineral and energy conservation; and	15319
development of programs or experimental demonstrations of	15320
technologies which would permit utility pricing policies which may	15321
reduce the consumer costs of energy.	15322

(5) Enter into agreements with persons and governmental	15323
agencies, in any combination, for the purposes of this section.	15324

(B) Any materials or data submitted to, made available by or	15325
to, or received by the director under division (A) of this	15326
section, division (F) of section 1551.12, or division (B) of	15327
section 1551.15 of the Revised Code, and any information taken	15328
from those materials or data for any purpose, to the extent that	15329
those materials or data consist of trade secrets or other	15330
proprietary information, are not public information or public	15331
documents and shall not be open to public inspection.	15332

(C) The exercise by the director of the powers conferred by	15333
~~this chapter~~sections 1551.01 to 1551.25 of the Revised Code for	15334
the preservation or creation of jobs and employment opportunities	15335
for the people of ~~the~~this state through the development and	15336
efficient utilization of energy resources of the state is in all	15337
respects for the benefit of the people of the state, and is	15338
determined to be an essential government function and public	15339
purpose of the state.	15340

Sec. 1551.12. The director of development may:

15341

(A) Seek, solicit, or acquire personal property or any	15342
estate, interest, or right in real property, or services, funds,	15343
and other things of value of any kind or character by purchase,	15344
lease, gift, grant, contribution, exchange, or otherwise from any	15345
person or governmental agency to be held, used, and applied in	15346
accordance with and for the purposes of ~~this chapter~~sections	15347
1551.01 to 1551.25 of the Revised Code;	15348

(B) Contract for the operation of, and establish rules for	15349
the use of, facilities over which the director has supervision or	15350
control, which rules may include the limitation of ingress to or	15351
egress from such facilities as may be necessary to maintain the	15352
security of such facilities and to provide for the safety of those	15353
on the premises of such facilities;	15354

(C) Purchase such fire and extended coverage insurance and	15355
insurance protecting against liability for damage to property or	15356
injury to or death of persons as the director may consider	15357
necessary and proper under ~~this chapter~~sections 1551.01 to	15358
1551.25 of the Revised Code;	15359

(D) Sponsor, conduct, assist, and encourage conferences,	15360
seminars, meetings, institutes, and other forms of meetings;	15361
authorize, prepare, publish, and disseminate any form of studies,	15362
reports, and other publications; originate, prepare, and assist	15363
proposals for the expenditure or granting of funds by any	15364
governmental agency or person for purposes of energy resource	15365
development; and investigate, initiate, sponsor, participate in,	15366
and assist with cooperative activities and programs involving	15367
governmental agencies and other entities of other states and	15368
jurisdictions;	15369

(E) Do all acts and things necessary and proper to carry out	15370
the powers granted and the duties imposed by ~~this chapter~~sections	15371
1551.01 to 1551.25 of the Revised Code;	15372

(F) Make grants of funds to any person, organization, or	15373
governmental agency of the state for the furnishing of goods or	15374
performance of services.	15375

Any person or governmental agency that receives funds from	15376
the department of development, or utilizes the facilities of the	15377
department under ~~this chapter~~sections 1551.01 to 1551.25 of the	15378
Revised Code shall agree in writing that all know-how, trade	15379
secrets, and other forms of property, rights, and interest arising	15380
out of developments, discoveries, or inventions, including	15381
patents, copyrights, or royalties thereon, which result in whole	15382
or in part from research, studies, or testing conducted by use of	15383
such funds or facilities shall be the sole property of the	15384
department, except as may be otherwise negotiated and provided by	15385
contract in advance of such research, studies, or testing.	15386
However, such exceptions do not apply to the director or employees	15387
of the department participating in or performing research, tests,	15388
or studies.	15389

Rights retained by the department may be assigned, licensed,	15390
transferred, sold, or otherwise disposed of, in whole or in part,	15391
to any person or governmental agency. Any and all income,	15392
royalties, or proceeds derived or retained from such dispositions	15393
shall be paid to the state and credited to the general revenue	15394
fund.	15395

Any instrument by which real property is acquired pursuant to	15396
this section shall identify the agency of ~~the~~this state that has	15397
the use and benefit of the real property as specified in section	15398
5301.012 of the Revised Code.	15399

Sec. 1551.15. (A) All general revenue fund moneys required	15400
by the department of development for purposes of ~~this chapter~~	15401
sections 1551.01 to 1551.25 of the Revised Code are subject to	15402
appropriation by the general assembly.	15403

(B) The director of development may enter into agreements,	15404
make grants, or enter into contracts for the purposes of effecting	15405
the construction and operation in this state of experimental,	15406
pilot, or demonstration energy resource development facilities.	15407
Before making grants or entering contracts, the director shall	15408
determine that all of the following criteria are met:	15409

(1) The urgency of public need for the potential results of	15410
the experimental, pilot, or demonstration project is high, and	15411
there is little likelihood that similar results would be achieved	15412
in this state in a timely manner in the absence of state	15413
assistance;	15414

(2) The potential opportunities for private interests to	15415
recapture the investment in the undertaking through the normal	15416
commercial exploitation of proprietary knowledge appear to be	15417
inadequate to encourage timely results in this state;	15418

(3) The extent of the problems treated and the objectives	15419
sought by the project are consistent with the purposes of ~~this~~	15420
~~chapter~~sections 1551.01 to 1551.25 of the Revised Code and of	15421
general significance to the state.	15422

This determination by the director shall include the facts or	15423
reasons justifying it and shall be journalized by the director.	15424

(C) The director may use funds as appropriated, donated,	15425
granted, or received for any of the following purposes:	15426

(1) Construction and related architectural or engineering	15427
studies or purchase of physical plant and equipment for an	15428
experimental, pilot, or demonstration energy resource development	15429
facility;	15430

(2) Acquisition and improvement of land, construction of	15431
roads, and provision of other public facilities incidental and	15432
necessary to the accomplishment of experimental, pilot, or	15433
demonstration energy resource development facilities;	15434

(3) Operation of an energy resource development experimental,	15435
pilot, or demonstration project or facility, which could include	15436
but not be limited to labor, feedstocks, and repair or replacement	15437
parts;	15438

(4) Purchase of all or a portion of the usable output of	15439
energy resource development experimental, pilot, or demonstration	15440
projects and the disposition of this output for use in the	15441
facilities of governmental agencies.	15442

(D) Each grant made pursuant to this section shall be	15443
accomplished through written agreements between the department and	15444
the person or governmental agency which would effect the	15445
construction and operation of the project or facility, and between	15446
the department and the persons and governmental agencies which	15447
would share the expenses and costs of the project or facility. In	15448
addition to such other terms as may be required by law or advised	15449
by counsel, each agreement shall provide for each of the following	15450
conditions:	15451

(1) The limitation of the department's financial obligations	15452
in the project or facility to a specified dollar amount which	15453
shall not exceed one-third of the total costs of the project or	15454
facility;	15455

(2) The financial participation in the project or facility by	15456
the federal government or its agencies, by private corporations	15457
doing business in this state, by local governmental agencies, or	15458
by other organizations;	15459

(3) The disposition of the assets of the project or facility,	15460
should it be terminated or abandoned, in such manner that the	15461
department shall be repaid in the same proportion as its share in	15462
the total of moneys, property, or other assets expended,	15463
contributed, or invested in the project or facility;	15464

(4) The criteria for the identification if and when the	15465
project or facility is commercially viable through the profitable	15466
disposition of its output;	15467

(5) The termination of the department's financial support at	15468
such time the project or facility is commercially viable and the	15469
repayment of the department through the future profits, if any, of	15470
the project or facility.	15471

Sec. 1551.311. The general assembly hereby finds and	15472
declares that the future of the Ohio coal industry lies in the	15473
development of clean coal technology and that the disproportionate	15474
economic impact on the state under Title IV of the "Clean Air Act	15475
Amendments of 1990," 104 Stat. 2584, 42 U.S.C.A. 7651, warrants	15476
maximum federal assistance to ~~the~~this state for such development.	15477
It is therefore imperative that the ~~department of development~~Ohio	15478
air quality development authority created under Chapter 3706. of	15479
the Revised Code, its Ohio coal development office, the Ohio coal	15480
industry, the Ohio Washington office in the office of the	15481
governor, and the state's congressional delegation make every	15482
effort to acquire any federal assistance available for the	15483
development of clean coal technology, including assisting entities	15484
eligible for grants in their acquisition. The Ohio coal	15485
development agenda required by section 1551.34 of the Revised Code	15486
shall include, in addition to the other information required by	15487
that section, a description of such efforts and a description of	15488
the current status of the development of clean coal technology in	15489
this state and elsewhere.	15490

Sec. 1551.32. (A) There is hereby established within the	15491
~~department of development~~Ohio air quality development authority	15492
the Ohio coal development office whose purposes are to do all of	15493
the following:	15494

(1) Encourage, promote, and support siting, financing,	15495
construction, and operation of commercially available or scaled	15496
facilities and technologies, including, without limitation,	15497
commercial-scale demonstration facilities and, when necessary or	15498
appropriate to demonstrate the commercial acceptability of a	15499
specific technology, up to three installations within this state	15500
utilizing the specific technology, to more efficiently produce,	15501
beneficiate, market, or use Ohio coal;	15502

(2) Encourage, promote, and support the market acceptance and	15503
increased market use of Ohio coal through technology and market	15504
development;	15505

(3) Assist in the financing of coal development facilities;

15506

(4) Encourage, promote, and support, in state-owned	15507
buildings, facilities, and operations, use of Ohio coal and	15508
electricity sold by utilities and others in this state that use	15509
Ohio coal for generation;	15510

(5) Improve environmental quality, particularly through	15511
cleaner use of Ohio coal;	15512

(6) Assist and cooperate with governmental agencies,	15513
universities and colleges, coal producers, coal miners, electric	15514
utilities and other coal users, public and private sector coal	15515
development interests, and others in achieving these purposes.	15516

(B) The office shall give priority to improvement or	15517
reconstruction of existing facilities and equipment when	15518
economically feasible, to construction and operation of	15519
commercial-scale facilities, and to technologies, equipment, and	15520
other techniques that enable maximum use of Ohio coal in an	15521
environmentally acceptable, cost-effective manner.	15522

Sec. 1551.33. (A) The ~~director of development~~Ohio air	15523
quality development authority, by the affirmative vote of a	15524
majority of its members, shall appoint and fix the compensation of	15525
the director of the Ohio coal development office ~~established under~~	15526
~~section 1551.32 of the Revised Code~~. The director ~~of the office~~	15527
shall serve at the pleasure of the ~~director of development~~	15528
authority.	15529

(B) The director of the office shall do all of the following:

15530

(1) Biennially prepare and maintain the Ohio coal development	15531
agenda required under section 1551.34 of the Revised Code;	15532

(2) Propose and support policies for the office consistent	15533
with the Ohio coal development agenda and develop means to	15534
implement the agenda;	15535

(3) Initiate, undertake, and support projects to carry out	15536
the office's purposes and ensure that the projects are consistent	15537
with and meet the selection criteria established by the Ohio coal	15538
development agenda;	15539

(4) Actively encourage joint participation in and, when	15540
feasible, joint funding of the office's projects with governmental	15541
agencies, electric utilities, universities and colleges, other	15542
public or private interests, or any other person;	15543

(5) Establish a table of organization for and employ such	15544
employees and agents as are necessary for the administration and	15545
operation of the office;. Any such employees shall be in the	15546
unclassified service and shall serve at the pleasure of the	15547
authority.	15548

(6) Appoint specified members of and convene the technical	15549
advisory committee established under section 1551.35 of the	15550
Revised Code;	15551

(7) Review, with the assistance of the technical advisory	15552
committee, proposed coal research and development projects as	15553
defined in section 1555.01 of the Revised Code, and coal	15554
development projects, submitted to the office by public utilities	15555
for the purpose of section 4905.304 of the Revised Code. If the	15556
director and the advisory committee determine that any such	15557
facility or project has as its purpose the enhanced use of Ohio	15558
coal in an environmentally acceptable, cost effective manner,	15559
promotes energy conservation, is cost effective, and is	15560
environmentally sound, the director shall submit to the public	15561
utilities commission a report recommending that the commission	15562
allow the recovery of costs associated with the facility or	15563
project under section 4905.304 of the Revised Code and including	15564
the reasons for the recommendation.	15565

(8) Establish such policies, procedures, and guidelines as	15566
are necessary to achieve the office's purposes.	15567

(C) ~~With the approval of the director of development~~By the	15568
affirmative vote of a majority of the members of the Ohio air	15569
quality development authority, the director of the office may	15570
exercise any of the powers and duties of the director of	15571
development as the ~~directors~~authority and the director of the	15572
office consider appropriate or desirable to achieve the office's	15573
purposes, including, but not limited to, the powers and duties	15574
enumerated in sections 1551.11, 1551.12, 1551.13, and 1551.15 of	15575
the Revised Code.	15576

Additionally, the director of the office may make loans to	15577
governmental agencies or persons for projects to carry out the	15578
office's purposes. Fees, charges, rates of interest, times of	15579
payment of interest and principal, and other terms, conditions,	15580
and provisions of the loans shall be such as the director of the	15581
office determines to be appropriate and in furtherance of the	15582
purposes for which the loans are made. The mortgage lien securing	15583
any moneys lent by the director of the office may be subordinate	15584
to the mortgage lien securing any moneys lent or invested by a	15585
financial institution, but shall be superior to that securing any	15586
moneys lent or expended by any other person. The moneys used in	15587
making the loans shall be disbursed upon order of the director of	15588
the office.	15589

Sec. 1551.35. (A) There is hereby established a technical	15590
advisory committee to assist the director of the Ohio coal	15591
development office ~~established under section 1551.32 of the~~	15592
~~Revised Code~~ in achieving the office's purposes. The director	15593
shall appoint to the committee one member of the public utilities	15594
commission and one representative each of coal production	15595
companies, the united mine workers of America, electric utilities,	15596
manufacturers that use Ohio coal, and environmental organizations,	15597
as well as two people with a background in coal research and	15598
development technology, one of whom is employed at the time of the	15599
member's appointment by a state university, as defined in section	15600
3345.011 of the Revised Code. In addition, the committee shall	15601
include four legislative members. The speaker and minority leader	15602
of the house of representatives each shall appoint one member of	15603
the house of representatives, and the president and minority	15604
leader of the senate each shall appoint one member of the senate,	15605
to the committee. The director of environmental protection,	15606
~~representing the environmental protection agency,~~ the ~~Ohio air~~	15607
~~quality~~director of development ~~authority~~, and one member of the	15608
Ohio water development authority designated by that authority,	15609
shall serve on the committee as members ex officio. Any member of	15610
the committee may designate in writing a substitute to serve in	15611
the member's absence on the committee. The director of	15612
environmental protection may designate in writing the chief of the	15613
air pollution control division of the agency to represent the	15614
agency. Members shall serve on the committee at the pleasure of	15615
their appointing authority. Members of the committee appointed by	15616
the director of the office and, notwithstanding section 101.26 of	15617
the Revised Code, legislative members of the committee, when	15618
engaged in their official duties as members of the committee,	15619
shall be compensated on a per diem basis in accordance with	15620
division (J) of section 124.15 of the Revised Code, except that	15621
the member of the public utilities commission and, while employed	15622
by a state university, the member with a background in coal	15623
research, shall not be so compensated. Members shall receive their	15624
actual and necessary expenses incurred in the performance of their	15625
duties.	15626

(B) The technical advisory committee shall review and make	15627
recommendations concerning the Ohio coal development agenda	15628
required under section 1551.34 of the Revised Code, project	15629
proposals, research and development projects submitted to the	15630
office by public utilities for the purpose of section 4905.304 of	15631
the Revised Code, proposals for grants, loans, and loan guarantees	15632
for purposes of sections 1555.01 to 1555.06 of the Revised Code,	15633
and such other topics as the director of the office considers	15634
appropriate.	15635

(C) The technical advisory committee may hold an executive	15636
session at any regular or special meeting for the purpose of	15637
considering research and development project proposals or	15638
applications for assistance submitted to the Ohio coal development	15639
office under section 1551.33, or sections 1555.01 to 1555.06, of	15640
the Revised Code, to the extent that such proposals or	15641
applications consist of trade secrets or other proprietary	15642
information.	15643

Any materials or data submitted to, made available to, or	15644
received by the ~~director of~~Ohio air quality development authority	15645
or the director of the Ohio coal development office in connection	15646
with agreements for assistance entered into under this chapter or	15647
Chapter 1555. of the Revised Code, or any information taken from	15648
such materials or data for any purpose, to the extent that the	15649
materials or data consist of trade secrets or other proprietary	15650
information, are not public records for the purposes of section	15651
149.43 of the Revised Code.	15652

As used in this division, "trade secrets" has the same	15653
meaning as in section 1333.61 of the Revised Code.	15654

Sec. 1555.02. It is hereby declared to be the public policy	15655
of ~~the~~this state through the operations of the Ohio coal	15656
development office under this chapter to contribute toward one or	15657
more of the following: to provide for the comfort, health, safety,	15658
and general welfare of all employees and other inhabitants of ~~the~~	15659
this state through research and development directed toward the	15660
discovery of new technologies or the demonstration or application	15661
of existing technologies to enable the conversion or use of Ohio	15662
coal as a fuel or chemical feedstock in an environmentally	15663
acceptable manner thereby enhancing the marketability and	15664
fostering the use of this state's vast reserves of coal, to assist	15665
in the financing of coal research and development and coal	15666
research and development projects or facilities for persons doing	15667
business in this state and educational and scientific institutions	15668
located in this state, to create or preserve jobs and employment	15669
opportunities or improve the economic welfare of the people of ~~the~~	15670
this state, or to assist and cooperate with such persons and	15671
educational and scientific institutions in conducting coal	15672
research and development. In furtherance of ~~such~~this public	15673
policy, the Ohio coal development office ~~may~~, with the advice of	15674
the technical advisory committee created in section 1551.35 of the	15675
Revised Code and the ~~approval of the director of development~~	15676
affirmative vote of a majority of the members of the Ohio air	15677
quality development authority, may make loans, guarantee loans,	15678
and make grants to persons doing business in this state or to	15679
educational or scientific institutions located in this state for	15680
coal research and development projects by such persons or	15681
educational or scientific institutions; may, with the advice of	15682
the technical advisory committee and the ~~approval of the director~~	15683
~~of development~~affirmative vote of a majority of the members of	15684
the Ohio air quality development authority, request the issuance	15685
of coal research and development general obligations under section	15686
151.07 of the Revised Code to provide funds for making such loans,	15687
loan guarantees, and grants; and may, with the advice of the	15688
technical advisory committee and the ~~approval of the director of~~	15689
~~development~~affirmative vote of a majority of the members of the	15690
Ohio air quality development authority, expend moneys credited to	15691
the coal research and development fund created in section 1555.15	15692
of the Revised Code for the purpose of making such loans, loan	15693
guarantees, and grants. Determinations by the director of the Ohio	15694
coal development office that coal research and development or a	15695
coal research and development facility is a coal research and	15696
development project under this chapter and is consistent with the	15697
purposes of Section 15 of Article VIII, Ohio Constitution, and	15698
this chapter shall be conclusive as to the validity and	15699
enforceability of the coal research and development general	15700
obligations issued to finance such project and of the	15701
authorizations, trust agreements or indentures, loan agreements,	15702
loan guarantee agreements, or grant agreements, and other	15703
agreements made in connection therewith, all in accordance with	15704
their terms.	15705

Sec. 1555.03. For the purposes of this chapter, the director	15706
of the Ohio coal development office may:	15707

(A) With the advice of the technical advisory committee	15708
created in section 1551.35 of the Revised Code and the ~~approval of~~	15709
~~the director of development~~affirmative vote of a majority of the	15710
members of the Ohio air quality development authority, make loans,	15711
guarantee loans, and make grants to persons doing business in this	15712
state or to educational or scientific institutions located in this	15713
state for coal research and development projects by any such	15714
person or educational or scientific institution and adopt rules	15715
under Chapter 119. of the Revised Code for making such loans,	15716
guarantees, and grants.	15717

(B) In making loans, loan guarantees, and grants under	15718
division (A) of this section and section 1555.04 of the Revised	15719
Code, the director of the office shall ensure that an adequate	15720
portion of the total amount of those loans, loan guarantees, and	15721
grants, as determined by the director with the advice of the	15722
technical advisory committee, beis used for conducting research	15723
on fundamental scientific problems related to the utilization of	15724
Ohio coal and shall ensure, to the maximum feasible extent, joint	15725
financial participation by the federal government or other	15726
investors or interested parties in conjunction with any such loan,	15727
loan guarantee, or grant. The director, in each grant agreement or	15728
contract under division (A) of this section, loan contract or	15729
agreement under this division or section 1555.04 of the Revised	15730
Code, and contract of guarantee under section 1555.05 of the	15731
Revised Code, shall require that the facility or project be	15732
maintained and kept in good condition and repair by the person or	15733
educational or scientific institution to whom the grant or loan	15734
was made or for whom the guarantee was made.	15735

(C) From time to time, with the advice of the technical	15736
advisory committee and the ~~approval of the director of development~~	15737
affirmative vote of a majority of the members of the Ohio air	15738
quality development authority, request the issuance of coal	15739
research and development general obligations under section 151.07	15740
of the Revised Code, for any of the purposes set forth in Section	15741
15 of Article VIII, Ohio Constitution, and subject to the	15742
limitations therein upon the aggregate total amount of obligations	15743
that may be outstanding at any time.	15744

(D) Include as a condition of any loan, loan guarantee, or	15745
grant contract or agreement with any such person or educational or	15746
scientific institution that the director of the office receive, in	15747
addition to payments of principal and interest on any such loan or	15748
service charges for any such guarantee, as appropriate, as	15749
authorized by Section 15, Article VIII, Ohio Constitution, a	15750
reasonable royalty or portion of the income or profits arising out	15751
of the developments, discoveries, or inventions, including patents	15752
or copyrights ~~which~~, that result in whole or in part from coal	15753
research and development projects conducted under any such	15754
contract or agreement, in such amounts and for such period of	15755
years as may be negotiated and provided by the contract or	15756
agreement in advance of the making of the grant, loan, or loan	15757
guarantee. Moneys so received by the director of the office shall	15758
be credited to the coal research and development bond service	15759
fund.	15760

(E) Employ managers, superintendents, and other employees and	15761
retain or contract with consulting engineers, financial	15762
consultants, accounting experts, architects, and such other	15763
consultants and independent contractors as are necessary in the	15764
judgment of the director of the office to carry out this chapter,	15765
and fix the compensation thereof.	15766

(F) Receive and accept from any federal agency, subject to	15767
the approval of the governor, grants for or in aid of the	15768
construction or operation of any coal research and development	15769
project or for coal research and development, and receive and	15770
accept aid or contributions from any source of money, property,	15771
labor, or other things of value, to be held, used, and applied	15772
only for the purposes for which such grants and contributions are	15773
made.	15774

(G) Purchase fire and extended coverage and liability	15775
insurance for any coal research and development project, insurance	15776
protecting the office and its officers and employees against	15777
liability for damage to property or injury to or death of persons	15778
arising from its operations, and any other insurance the director	15779
of the office determines necessary or proper under this chapter.	15780
Any moneys received by the director from the proceeds of any such	15781
insurance with respect to a coal research and development project	15782
and any moneys received by the director from the proceeds of any	15783
settlement, judgment, foreclosure, or other insurance with respect	15784
to a coal research and development project or facility shall be	15785
credited to the coal research and development bond service fund.	15786

(H) In the exercise of the powers of the director of the	15787
office under this chapter, call to the director's assistance,	15788
temporarily, from time to time, any engineers, technical experts,	15789
financial experts, and other employees in any state department,	15790
agency, or commission, or in the Ohio state university, or other	15791
educational institutions financed wholly or partially by ~~the~~this	15792
state for purposes of assisting the director of the office with	15793
reviewing and evaluating applications for financial assistance	15794
under this chapter, monitoring performance of coal research and	15795
development projects receiving financial assistance under this	15796
chapter, and reviewing and evaluating the progress and findings of	15797
those projects. Such engineers, experts, and employees shall not	15798
receive any additional compensation over that which they receive	15799
from the department, agency, commission, or educational	15800
institution by which they are employed, but they shall be	15801
reimbursed for their actual and necessary expenses incurred while	15802
working under the direction of the director.	15803

(I) Do all acts necessary or proper to carry out the powers	15804
expressly granted in this chapter.	15805

Sec. 1555.04. (A) With respect to coal research and	15806
development projects financed wholly or partially from a loan or	15807
loan guarantee under this chapter, the director of the Ohio coal	15808
development office ~~may~~, in addition to other powers under this	15809
chapter, with the advice of the technical advisory committee	15810
created in section 1551.35 of the Revised Code and the ~~approval~~	15811
affirmative vote of ~~the director of development~~a majority of the	15812
members of the Ohio air quality development authority, may enter	15813
into loan agreements, accept notes and other forms of obligation	15814
to evidence such indebtedness and mortgages, liens, pledges,	15815
assignments, or other security interests to secure such	15816
indebtedness, which may be prior or subordinate to or on a parity	15817
with other indebtedness, obligations, mortgages, pledges,	15818
assignments, other security interests, or liens or encumbrances,	15819
and take such actions as hethe director of the office considers	15820
appropriate to protect such security and safeguard against losses,	15821
including, without limitation, foreclosure and the bidding upon	15822
and purchase of property upon foreclosure or other sale;.	15823

(B) The authority granted by this section is cumulative and	15824
supplementary to all other authority granted in this chapter. The	15825
authority granted by this section does not alter or impair any	15826
similar authority granted elsewhere in this chapter with respect	15827
to other projects.	15828

Sec. 1555.05. (A) Subject to any limitations as to aggregate	15829
amounts thereof that may from time to time be prescribed by the	15830
general assembly and to other applicable provisions of this	15831
chapter, and subject to the ~~one hundred million dollar~~	15832
one-hundred-million-dollar limitation provided in Section 15 of	15833
Article VIII, Ohio Constitution, the director of the Ohio coal	15834
development office ~~may~~, on behalf of ~~the~~this state, with the	15835
advice of the technical advisory committee created in section	15836
1551.35 of the Revised Code and the ~~approval~~affirmative vote of a	15837
majority of the members of the ~~director of development~~Ohio air	15838
quality development authority, may enter into contracts to	15839
guarantee the repayment or payment of the unpaid principal amount	15840
of loans made to pay the costs of coal research and development	15841
projects.	15842

(B) The contract of guarantee may make provision for the	15843
conditions of, time for, and manner of fulfillment of the	15844
guarantee commitment, subrogation of ~~the~~this state to the rights	15845
of the parties guaranteed and exercise of such parties' rights by	15846
the state, giving the state the option of making payment of the	15847
principal amount guaranteed in one or more installments and, if	15848
deferred, to pay interest thereon from the source specified in	15849
division (A) of this section, and any other terms or conditions	15850
customary to such guarantees and as the director of the office may	15851
approve, and may contain provisions for securing the guarantee in	15852
the manner consistent with this section, covenants on behalf of	15853
~~the~~this state to issue obligations under section 1555.08 of the	15854
Revised Code to provide moneys to fulfill such guarantees and	15855
covenants, and covenants restricting the aggregate amount of	15856
guarantees that may be contracted under this section and	15857
obligations that may be issued under section 151.07 of the Revised	15858
Code, and terms pertinent to either, to better secure the parties	15859
guaranteed.	15860

(C) The director of the office may fix service charges for	15861
making a guarantee. Such charges shall be payable at such times	15862
and place and in such amounts and manner as may be prescribed by	15863
the director. Moneys received from such charges shall be credited	15864
to the coal research and development bond service fund.	15865

(D) Any guaranteed parties under this section, by any	15866
suitable form of legal proceedings and except to the extent that	15867
their rights are restricted by the guarantee documents, may ~~by any~~	15868
~~suitable form of legal proceedings,~~ protect and enforce any rights	15869
under the laws of this state or granted by such guarantee or	15870
guarantee documents. Such rights include the right to compel the	15871
performance of all duties of the office required by this section	15872
or the guarantee or guarantee documents; and in the event of	15873
default with respect to the payment of any guarantees, to apply to	15874
a court having jurisdiction of the cause to appoint a receiver to	15875
receive and administer the moneys pledged to such guarantee with	15876
full power to pay, and to provide for payment of, such guarantee,	15877
and with such powers, subject to the direction of the court, as	15878
are accorded receivers in general equity cases, excluding any	15879
power to pledge or apply additional revenues or receipts or other	15880
income or moneys of ~~the~~this state. Each duty of the office and	15881
its director and employees required or undertaken under this	15882
section or a guarantee made under this section is hereby	15883
established as a duty of the office and of its director and each	15884
such employee having authority to perform such duty, specifically	15885
enjoined by the law resulting from an office, trust, or station	15886
within the meaning of section 2731.01 of the Revised Code. The	15887
persons who are at the time the director of the office, or its	15888
employees, are not liable in their personal capacities on any	15889
guarantees or contracts to make guarantees by the director.	15890

Sec. 1555.06. Upon application by the director of the Ohio	15891
coal development office with the ~~approval~~affirmative vote of a	15892
majority of the ~~director of development~~members of the Ohio air	15893
quality development authority, the controlling board ~~may~~, from	15894
appropriations available to the board, may provide funds for	15895
surveys or studies by the office of any proposed coal research and	15896
development project subject to repayment by the office from funds	15897
available to it, within the time fixed by the board. Funds to be	15898
repaid shall be charged by the office to the appropriate coal	15899
research and development project and the amount thereof shall be a	15900
cost of the project. This section does not abrogate the authority	15901
of the controlling board to otherwise provide funds for use by the	15902
office in the exercise of the powers granted to it by this	15903
chapter.	15904

Sec. 1555.08. (A) Subject to the limitations provided in	15905
Section 15 of Article VIII, Ohio Constitution, the commissioners	15906
of the sinking fund, upon certification by the director of the	15907
Ohio coal development office of the amount of moneys or additional	15908
moneys needed in the coal research and development fund for the	15909
purpose of making grants or loans for allowable costs, or needed	15910
for capitalized interest, for funding reserves, and for paying	15911
costs and expenses incurred in connection with the issuance,	15912
carrying, securing, paying, redeeming, or retirement of the	15913
obligations or any obligations refunded thereby, including payment	15914
of costs and expenses relating to letters of credit, lines of	15915
credit, insurance, put agreements, standby purchase agreements,	15916
indexing, marketing, remarketing and administrative arrangements,	15917
interest swap or hedging agreements, and any other credit	15918
enhancement, liquidity, remarketing, renewal, or refunding	15919
arrangements, all of which are authorized by this section, or	15920
providing moneys for loan guarantees, shall issue obligations of	15921
the state under this section in amounts authorized by the general	15922
assembly; provided that such obligations may be issued to the	15923
extent necessary to satisfy the covenants in contracts of	15924
guarantee made under section 1555.05 of the Revised Code to issue	15925
obligations to meet such guarantees, notwithstanding limitations	15926
otherwise applicable to the issuance of obligations under this	15927
section except the one-hundred-million-dollar limitation provided	15928
in Section 15 of Article VIII, Ohio Constitution. The proceeds of	15929
such obligations, except for the portion to be deposited in the	15930
coal research and development bond service fund as may be provided	15931
in the bond proceedings, shall as provided in the bond proceedings	15932
be deposited in the coal research and development fund. The	15933
commissioners of the sinking fund may appoint trustees, paying	15934
agents, and transfer agents and may retain the services of	15935
financial advisors, accounting experts, and attorneys, and retain	15936
or contract for the services of marketing, remarketing, indexing,	15937
and administrative agents, other consultants, and independent	15938
contractors, including printing services, as are necessary in	15939
their judgment to carry out this section.	15940

(B) The full faith and credit of the state of Ohio is hereby	15941
pledged to obligations issued under this section. The right of the	15942
holders and owners to payment of bond service charges is limited	15943
to all or that portion of the moneys pledged thereto pursuant to	15944
the bond proceedings in accordance with this section, and each	15945
such obligation shall bear on its face a statement to that effect.	15946

(C) Obligations shall be authorized by resolution of the	15947
commissioners of the sinking fund on request of the director of	15948
the Ohio coal development office as provided in section 1555.02 of	15949
the Revised Code and the bond proceedings shall provide for the	15950
purpose thereof and the principal amount or amounts, and shall	15951
provide for or authorize the manner or agency for determining the	15952
principal maturity or maturities, not exceeding forty years from	15953
the date of issuance, the interest rate or rates or the maximum	15954
interest rate, the date of the obligations and the dates of	15955
payment of interest thereon, their denomination, and the	15956
establishment within or without the state of a place or places of	15957
payment of bond service charges. Sections 9.98 to 9.983 of the	15958
Revised Code apply to obligations issued under this section. The	15959
purpose of such obligations may be stated in the bond proceedings	15960
in terms describing the general purpose or purposes to be served.	15961
The bond proceedings shall also provide, subject to the provisions	15962
of any other applicable bond proceedings, for the pledge of all,	15963
or such part as the commissioners of the sinking fund may	15964
determine, of the moneys credited to the coal research and	15965
development bond service fund to the payment of bond service	15966
charges, which pledges may be made either prior or subordinate to	15967
other expenses, claims, or payments and may be made to secure the	15968
obligations on a parity with obligations theretofore or thereafter	15969
issued, if and to the extent provided in the bond proceedings. The	15970
moneys so pledged and thereafter received by the state are	15971
immediately subject to the lien of such pledge without any	15972
physical delivery thereof or further act, and the lien of any such	15973
pledges is valid and binding against all parties having claims of	15974
any kind against the state or any governmental agency of the	15975
state, irrespective of whether such parties have notice thereof,	15976
and shall create a perfected security interest for all purposes of	15977
Chapter 1309. of the Revised Code, without the necessity for	15978
separation or delivery of funds or for the filing or recording of	15979
the bond proceedings by which such pledge is created or any	15980
certificate, statement or other document with respect thereto; and	15981
the pledge of such moneys is effective and the money therefrom and	15982
thereof may be applied to the purposes for which pledged without	15983
necessity for any act of appropriation. Every pledge, and every	15984
covenant and agreement made with respect thereto, made in the bond	15985
proceedings may therein be extended to the benefit of the owners	15986
and holders of obligations authorized by this section, and to any	15987
trustee therefor, for the further security of the payment of the	15988
bond service charges.	15989

(D) The bond proceedings may contain additional provisions as	15990
to:	15991

(1) The redemption of obligations prior to maturity at the	15992
option of the commissioners of the sinking fund at such price or	15993
prices and under such terms and conditions as are provided in the	15994
bond proceedings;	15995

(2) Other terms of the obligations;

15996

(3) Limitations on the issuance of additional obligations;

15997

(4) The terms of any trust agreement or indenture securing	15998
the obligations or under which the obligations may be issued;	15999

(5) The deposit, investment, and application of the coal	16000
research and development bond service fund, and the safeguarding	16001
of moneys on hand or on deposit, without regard to Chapter 131. or	16002
135. of the Revised Code, but subject to any special provisions of	16003
this chapter, with respect to particular moneys; provided, that	16004
any bank or trust company which acts as depository of any moneys	16005
in the fund may furnish such indemnifying bonds or may pledge such	16006
securities as required by the commissioners of the sinking fund;	16007

(6) Any other provision of the bond proceedings being binding	16008
upon the commissioners of the sinking fund, or such other body or	16009
person as may from time to time have the authority under law to	16010
take such actions as may be necessary to perform all or any part	16011
of the duty required by such provision;	16012

(7) Any provision which may be made in a trust agreement or	16013
indenture;	16014

(8) Any other or additional agreements with the holders of	16015
the obligations, or the trustee therefor, relating to the	16016
obligations or the security therefor, including the assignment of	16017
mortgages or other security obtained or to be obtained for loans	16018
under this chapter.	16019

(E) The obligations may have the great seal of the state or a	16020
facsimile thereof affixed thereto or printed thereon. The	16021
obligations shall be signed by such members of the commissioners	16022
of the sinking fund as are designated in the resolution	16023
authorizing the obligations or bear the facsimile signatures of	16024
such members. Any coupons attached to the obligations shall bear	16025
the facsimile signature of the treasurer of state. Any obligations	16026
may be executed by the persons who, on the date of execution, are	16027
the commissioners although on the date of such bonds the persons	16028
were not the commissioners. Any coupons may be executed by the	16029
person who, on the date of execution, is the treasurer of state	16030
although on the date of such coupons the person was not the	16031
treasurer of state. In case any officer or commissioner whose	16032
signature or a facsimile of whose signature appears on any such	16033
obligations or any coupons ceases to be such officer or	16034
commissioner before delivery thereof, such signature or facsimile	16035
is nevertheless valid and sufficient for all purposes as if the	16036
individual had remained such officer or commissioner until such	16037
delivery; and in case the seal to be affixed to obligations has	16038
been changed after a facsimile of the seal has been imprinted on	16039
such obligations, such facsimile seal shall continue to be	16040
sufficient as to such obligations and obligations issued in	16041
substitution or exchange therefor.	16042

(F) All obligations except loan guarantees are negotiable	16043
instruments and securities under Chapter 1308. of the Revised	16044
Code, subject to the provisions of the bond proceedings as to	16045
registration. The obligations may be issued in coupon or in	16046
registered form, or both, as the commissioners of the sinking fund	16047
determine. Provision may be made for the registration of any	16048
obligations with coupons attached thereto as to principal alone or	16049
as to both principal and interest, their exchange for obligations	16050
so registered, and for the conversion or reconversion into	16051
obligations with coupons attached thereto of any obligations	16052
registered as to both principal and interest, and for reasonable	16053
charges for such registration, exchange, conversion, and	16054
reconversion.	16055

(G) Obligations may be sold at public sale or at private	16056
sale, as determined in the bond proceedings.	16057

(H) Pending preparation of definitive obligations, the	16058
commissioners of the sinking fund may issue interim receipts or	16059
certificates which shall be exchanged for such definitive	16060
obligations.	16061

(I) In the discretion of the commissioners of the sinking	16062
fund, obligations may be secured additionally by a trust agreement	16063
or indenture between the commissioners and a corporate trustee,	16064
which may be any trust company or bank having its principal place	16065
of business within the state. Any such agreement or indenture may	16066
contain the resolution authorizing the issuance of the	16067
obligations, any provisions that may be contained in any bond	16068
proceedings, and other provisions that are customary or	16069
appropriate in an agreement or indenture of such type, including,	16070
but not limited to:	16071

(1) Maintenance of each pledge, trust agreement, indenture,	16072
or other instrument comprising part of the bond proceedings until	16073
the state has fully paid the bond service charges on the	16074
obligations secured thereby, or provision therefor has been made;	16075

(2) In the event of default in any payments required to be	16076
made by the bond proceedings, or any other agreement of the	16077
commissioners of the sinking fund made as a part of the contract	16078
under which the obligations were issued, enforcement of such	16079
payments or agreement by mandamus, the appointment of a receiver,	16080
suit in equity, action at law, or any combination of the	16081
foregoing;	16082

(3) The rights and remedies of the holders of obligations and	16083
of the trustee, and provisions for protecting and enforcing them,	16084
including limitations on rights of individual holders of	16085
obligations;	16086

(4) The replacement of any obligations that become mutilated	16087
or are destroyed, lost, or stolen;	16088

(5) Such other provisions as the trustee and the	16089
commissioners of the sinking fund agree upon, including	16090
limitations, conditions, or qualifications relating to any of the	16091
foregoing.	16092

(J) Any holder of obligations or a trustee under the bond	16093
proceedings, except to the extent that the holder's rights are	16094
restricted by the bond proceedings, may by any suitable form of	16095
legal proceedings protect and enforce any rights under the laws of	16096
this state or granted by such bond proceedings. Such rights	16097
include the right to compel the performance of all duties of the	16098
commissioners of the sinking fund, the ~~director of development~~	16099
Ohio air quality development authority, or the Ohio coal	16100
development office required by this chapter and Chapter 1551. of	16101
the Revised Code or the bond proceedings; to enjoin unlawful	16102
activities; and in the event of default with respect to the	16103
payment of any bond service charges on any obligations or in the	16104
performance of any covenant or agreement on the part of the	16105
commissioners, the ~~director~~authority, or the office in the bond	16106
proceedings, to apply to a court having jurisdiction of the cause	16107
to appoint a receiver to receive and administer the moneys	16108
pledged, other than those in the custody of the treasurer of	16109
state, that are pledged to the payment of the bond service charges	16110
on such obligations or that are the subject of the covenant or	16111
agreement, with full power to pay, and to provide for payment of	16112
bond service charges on, such obligations, and with such powers,	16113
subject to the direction of the court, as are accorded receivers	16114
in general equity cases, excluding any power to pledge additional	16115
revenues or receipts or other income or moneys of the	16116
commissioners of the sinking fund or the state or governmental	16117
agencies of the state to the payment of such principal and	16118
interest and excluding the power to take possession of, mortgage,	16119
or cause the sale or otherwise dispose of any project.	16120

Each duty of the commissioners of the sinking fund and their	16121
employees, and of each governmental agency and its officers,	16122
members, or employees, undertaken pursuant to the bond proceedings	16123
or any grant, loan, or loan guarantee agreement made under	16124
authority of this chapter, and in every agreement by or with the	16125
commissioners, is hereby established as a duty of the	16126
commissioners, and of each such officer, member, or employee	16127
having authority to perform such duty, specifically enjoined by	16128
the law resulting from an office, trust, or station within the	16129
meaning of section 2731.01 of the Revised Code.	16130

The persons who are at the time the commissioners of the	16131
sinking fund, or their employees, are not liable in their personal	16132
capacities on any obligations issued by the commissioners or any	16133
agreements of or with the commissioners.	16134

(K) Obligations issued under this section are lawful	16135
investments for banks, societies for savings, savings and loan	16136
associations, deposit guarantee associations, trust companies,	16137
trustees, fiduciaries, insurance companies, including domestic for	16138
life and domestic not for life, trustees or other officers having	16139
charge of sinking and bond retirement or other special funds of	16140
political subdivisions and taxing districts of this state, the	16141
commissioners of the sinking fund of the state, the administrator	16142
of workers' compensation, the state teachers retirement system,	16143
the public employees retirement system, the school employees	16144
retirement system, and the Ohio police and fire pension fund,	16145
notwithstanding any other provisions of the Revised Code or rules	16146
adopted pursuant thereto by any governmental agency of the state	16147
with respect to investments by them, and are also acceptable as	16148
security for the deposit of public moneys.	16149

(L) If the law or the instrument creating a trust pursuant to	16150
division (I) of this section expressly permits investment in	16151
direct obligations of the United States or an agency of the United	16152
States, unless expressly prohibited by the instrument, such moneys	16153
also may be invested in no-front-end-load money market mutual	16154
funds consisting exclusively of obligations of the United States	16155
or an agency of the United States and in repurchase agreements,	16156
including those issued by the fiduciary itself, secured by	16157
obligations of the United States or an agency of the United	16158
States; and in collective investment funds established in	16159
accordance with section 1111.14 of the Revised Code and consisting	16160
exclusively of any such securities, notwithstanding division	16161
(A)(1)(c) of that section. The income from such investments shall	16162
be credited to such funds as the commissioners of the sinking fund	16163
determine, and such investments may be sold at such times as the	16164
commissioners determine or authorize.	16165

(M) Provision may be made in the applicable bond proceedings	16166
for the establishment of separate accounts in the bond service	16167
fund and for the application of such accounts only to the	16168
specified bond service charges on obligations pertinent to such	16169
accounts and bond service fund and for other accounts therein	16170
within the general purposes of such fund. Moneys to the credit of	16171
the bond service fund shall be disbursed on the order of the	16172
treasurer of state; provided, that no such order is required for	16173
the payment from the bond service fund when due of bond service	16174
charges on obligations.	16175

(N) The commissioners of the sinking fund may pledge all, or	16176
such portion as they determine, of the receipts of the bond	16177
service fund to the payment of bond service charges on obligations	16178
issued under this section, and for the establishment and	16179
maintenance of any reserves, as provided in the bond proceedings,	16180
and make other provisions therein with respect to pledged receipts	16181
as authorized by this chapter, which provisions control	16182
notwithstanding any other provisions of law pertaining thereto.	16183

(O) The commissioners of the sinking fund may covenant in the	16184
bond proceedings, and any such covenants control notwithstanding	16185
any other provision of law, that the state and applicable officers	16186
and governmental agencies of the state, including the general	16187
assembly, so long as any obligations are outstanding, shall:	16188

(1) Maintain statutory authority for and cause to be levied	16189
and collected taxes so that the pledged receipts are sufficient in	16190
amount to meet bond service charges, and the establishment and	16191
maintenance of any reserves and other requirements provided for in	16192
the bond proceedings, and, as necessary, to meet covenants	16193
contained in any loan guarantees made under this chapter;	16194

(2) Take or permit no action, by statute or otherwise, that	16195
would impair the exemption from federal income taxation of the	16196
interest on the obligations.	16197

(P) All moneys received by or on account of the state and	16198
required by the applicable bond proceedings, consistent with this	16199
section, to be deposited, transferred, or credited to the coal	16200
research and development bond service fund, and all other moneys	16201
transferred or allocated to or received for the purposes of the	16202
fund, shall be credited to such fund and to any separate accounts	16203
therein, subject to applicable provisions of the bond proceedings,	16204
but without necessity for any act of appropriation. During the	16205
period beginning with the date of the first issuance of	16206
obligations and continuing during such time as any such	16207
obligations are outstanding, and so long as moneys in the bond	16208
service fund are insufficient to pay all bond service charges on	16209
such obligations becoming due in each year, a sufficient amount of	16210
moneys of the state are committed and shall be paid to the bond	16211
service fund in each year for the purpose of paying the bond	16212
service charges becoming due in that year without necessity for	16213
further act of appropriation for such purpose. The bond service	16214
fund is a trust fund and is hereby pledged to the payment of bond	16215
service charges to the extent provided in the applicable bond	16216
proceedings, and payment thereof from such fund shall be made or	16217
provided for by the treasurer of state in accordance with such	16218
bond proceedings without necessity for any act of appropriation.	16219
All investment earnings of the fund shall be credited to the fund.	16220

(Q) For purposes of establishing the limitations contained in	16221
Section 15 of Article VIII, Ohio Constitution, the "principal	16222
amount" refers to the aggregate of the offering price of the bonds	16223
or notes. "Principal amount" does not refer to the aggregate value	16224
at maturity or redemption of the bonds or notes.	16225

(R) This section applies only with respect to obligations	16226
issued and delivered prior to September 30, 2000.	16227

Sec. 1555.17. All final actions of the director of the Ohio	16228
coal development office shall be journalized and such journal	16229
shall be open to inspection of the public at all reasonable times.	16230
Any materials or data, to the extent that they consist of trade	16231
secrets, as defined in section 1333.61 of the Revised Code, or	16232
other proprietary information, that are submitted or made	16233
available to, or received by, the ~~director of development~~Ohio air	16234
quality development authority or the director of the Ohio coal	16235
development office, in connection with agreements for assistance	16236
entered into under this chapter or Chapter ~~1555.~~1551. of the	16237
Revised Code, or any information taken from those materials or	16238
data, are not public records for the ~~prposes~~purposes of section	16239
149.43 of the Revised Code.	16240

Sec. 1563.42. The operator of a mine, before the pillars are	16241
drawn previous to the abandonment of any part of the mine, shall	16242
have a correct map of such part of the mine made, showing its area	16243
and workings to the day of the abandonment and the pillars drawn	16244
previous to abandonment, and file such map within ninety days	16245
after the abandonment of such mine, in the office of the county	16246
recorder of the county where such mine is located, and with the	16247
chief of the division of mineral resources management. Such map	16248
shall have attached the usual certificate of the mining engineer	16249
making it, and the mine foreperson in charge of the underground	16250
workings of the mine, and such operator shall pay to the recorder	16251
for filing such map, a base fee of five dollars for services and a	16252
housing trust fee of five dollars pursuant to section 317.36 of	16253
the Revised Code.	16254

No operator of a mine shall refuse or neglect to comply with	16255
this section.	16256

Sec. 1702.59. (A) Every nonprofit corporation, incorporated	16257
under the general corporation laws of this state, or previous	16258
laws, or under special provisions of the Revised Code, or created	16259
before September 1, 1851, which corporation has expressedly or	16260
impliedly elected to be governed by the laws passed since that	16261
date, and whose articles or other documents are filed with the	16262
secretary of state, shall file with the secretary of state a	16263
verified statement of continued existence, signed by a director,	16264
officer, or three members in good standing, setting forth the	16265
corporate name, the place where the principal office of the	16266
corporation is located, the date of incorporation, the fact that	16267
the corporation is still actively engaged in exercising its	16268
corporate privileges, and the name and address of its agent	16269
appointed pursuant to section 1702.06 of the Revised Code.	16270

(B) Each corporation required to file a statement of	16271
continued existence shall file it with the secretary of state	16272
within each five years after the date of incorporation or of the	16273
last corporate filing.	16274

(C) Corporations specifically exempted by division (N) of	16275
section 1702.06 of the Revised Code, or whose activities are	16276
regulated or supervised by another state official, agency, bureau,	16277
department, or commission are exempted from this section.	16278

(D) The secretary of state shall give notice in writing and	16279
provide a form for compliance with this section to each	16280
corporation required by this section to file the statement of	16281
continued existence, such notice and form to be mailed to the last	16282
known address of the corporation as it appears on the records of	16283
the secretary of state or which the secretary of state may	16284
ascertain upon a reasonable search.	16285

(E) If any nonprofit corporation required by this section to	16286
file a statement of continued existence fails to file the	16287
statement required every fifth year, then the secretary of state	16288
shall cancel the articles of such corporation, make a notation of	16289
the cancellation on the records, and mail to the corporation a	16290
certificate of the action so taken.	16291

(F) A corporation whose articles have been canceled may be	16292
reinstated by filing an application for reinstatement and paying	16293
to the secretary of state the fee specified in division (Q) of	16294
section 111.16 of the Revised Code. The name of a corporation	16295
whose articles have been canceled shall be reserved for a period	16296
of one year after the date of cancellation. If the reinstatement	16297
is not made within one year from the date of the cancellation of	16298
its articles of incorporation and it appears that a corporate	16299
name, limited liability company name, limited liability	16300
partnership name, limited partnership name, or trade name has been	16301
filed, the name of which is not distinguishable upon the record as	16302
provided in section 1702.06 of the Revised Code, the applicant for	16303
reinstatement shall be required by the secretary of state, as a	16304
condition prerequisite to such reinstatement, to amend its	16305
articles by changing its name. A certificate of reinstatement may	16306
be filed in the recorder's office of any county in the state, for	16307
which the recorder shall charge and collect a base fee of one	16308
dollar for services and a housing trust fund fee of one dollar	16309
pursuant to section 317.36 of the Revised Code. The rights,	16310
privileges, and franchises of a corporation whose articles have	16311
been reinstated are subject to section 1702.60 of the Revised	16312
Code.	16313

(G) The secretary of state shall furnish the tax commissioner	16314
a list of all corporations failing to file the required statement	16315
of continued existence.	16316

Sec. 1711.13. County agricultural societies are hereby	16317
declared bodies corporate and politic, and as such they shall be	16318
capable of suing and being sued and of holding in fee simple any	16319
real estate purchased by them as sites for their fairs. ~~They~~In	16320
addition, they may ~~mortgage~~do either or both of the following:	16321

(A) Mortgage their grounds for the purpose of renewing or	16322
extending pre-existing debts, and for the purpose of furnishing	16323
money to purchase additional land;, but if the board of county	16324
commissioners has caused money to be paid out of the county	16325
treasury to aid in the purchase of ~~such~~the grounds, no mortgage	16326
shall be given without the consent of ~~such~~the board.	16327

Deeds, conveyances, and agreements in writing, made to and by	16328
such societies, for the purchase of real estate as sites for their	16329
fairs, shall vest a title in fee simple to the real estate ~~therein~~	16330
described in those documents, without words of inheritance.	16331

(B) Enter into agreements to obtain loans and credit for	16332
expenses related to the purposes of the county agricultural	16333
society, provided that the agreements are in writing and are first	16334
approved by the board of directors of the society. The total net	16335
indebtedness incurred by a county agricultural society pursuant to	16336
this division shall not exceed an amount equal to twenty-five per	16337
cent of its annual revenues.	16338

Sec. 1711.131. (A) The board of directors of a county	16339
agricultural society or an independent agricultural society may	16340
authorize by resolution an officer or employee of the agricultural	16341
society to use a credit card held by the board to pay for expenses	16342
related to the purposes of the agricultural society. If a board	16343
elects to authorize the use of a credit card held by the board as	16344
described in this section, the board first shall adopt a policy	16345
specifying the purposes for which the credit card may be used.	16346

(B) An officer or employee of an agricultural society who	16347
makes unauthorized use of a credit card held by the society's	16348
board of directors is personally liable for the unauthorized use.	16349
The prosecuting attorney of the appropriate county shall recover	16350
the amount of any unauthorized expenses incurred by the officer or	16351
employee through the misuse of the credit card in a civil action	16352
in any court of competent jurisdiction. This section does not	16353
limit any other liability of the officer or employee for the	16354
unauthorized use of a credit card held by the board of directors.	16355

(C) An officer or employee who is authorized to use a credit	16356
card held by the board of directors of an agricultural society and	16357
who suspects the loss, theft, or possibility of unauthorized use	16358
of the credit card immediately shall notify the board in writing	16359
of the suspected loss, theft, or possible unauthorized use. The	16360
officer or employee may be held personally liable for not more	16361
than fifty dollars in unauthorized debt incurred before the board	16362
receives the notification.	16363

(D) The misuse by an officer or employee of an agricultural	16364
society of a credit card held by the society's board of directors	16365
is a violation of section 2913.21 of the Revised Code.	16366

Sec. 1711.15. In any county in which there is a duly	16367
organized county agricultural society, the board of county	16368
commissioners or the county agricultural society itself may	16369
purchase or lease, for a term of not less than twenty years, real	16370
estate on which to hold fairs under the management and control of	16371
the county agricultural society, and may erect ~~thereon~~ suitable	16372
buildings on the real estate and otherwise improve it.	16373

In counties in which there is a county agricultural society	16374
that has purchased, or leased, for a term of not less than twenty	16375
years, real estate as a site on which to hold fairs or in which	16376
the title to the site is vested in fee in the county, the board of	16377
county commissioners may erect or repair buildings or otherwise	16378
improve the site and pay the rental ~~thereof~~of it, or contribute	16379
to or pay any other form of indebtedness of the society, if the	16380
director of agriculture has certified to the board that the county	16381
agricultural society is complying with all laws and rules	16382
governing the operation of county agricultural societies. The	16383
board may appropriate from the general fund any amount that it	16384
considers necessary for any of those purposes.	16385

Sec. 1711.17. (A) In any counties in which there is a duly	16386
organized independent agricultural society, the respective boards	16387
of county commissioners may purchase or lease jointly, for a term	16388
of not less than twenty years, real estate on which to hold fairs	16389
under the management and control of the society, and may erect	16390
suitable buildings and otherwise improve the property, and pay the	16391
rental thereof, or contribute to or pay any other form of	16392
indebtedness of the society, if the director of agriculture has	16393
certified to the board that the independent agricultural society	16394
is complying with all laws and rules governing the operation of	16395
county agricultural societies. The boards may appropriate from	16396
their respective general funds such an amount as they consider	16397
necessary for any of those purposes.	16398

(B) An independent agricultural society may purchase or	16399
lease, for a term of not less than twenty years, real estate on	16400
which to hold fairs under its management and control and may erect	16401
suitable buildings on the real estate and otherwise improve it.	16402

Sec. 1751.05. (A) The superintendent of insurance shall	16403
issue or deny a certificate of authority to establish or operate a	16404
health insuring corporation to any corporation filing an	16405
application pursuant to section 1751.03 of the Revised Code within	16406
forty-five days of the superintendent's receipt of the	16407
certification from the director of health under division (C) of	16408
section 1751.04 of the Revised Code. A certificate of authority	16409
shall be issued upon payment of the application fee prescribed in	16410
section 1751.44 of the Revised Code if the superintendent is	16411
satisfied that the following conditions are met:	16412

(1) The persons responsible for the conduct of the affairs of	16413
the applicant are competent, trustworthy, and possess good	16414
reputations.	16415

(2) The director certifies, in accordance with division (C)	16416
of section 1751.04 of the Revised Code, that the organization's	16417
proposed plan of operation meets the requirements of division (B)	16418
of that section and sections 3702.51 to 3702.62 of the Revised	16419
Code. If, after the director has certified compliance, the	16420
application is amended in a manner that affects its approval under	16421
section 1751.04 of the Revised Code, the superintendent shall	16422
request the director to review and recertify the amended plan of	16423
operation. Within forty-five days of receipt of the amended plan	16424
from the superintendent, the director shall certify to the	16425
superintendent, pursuant to section 1751.04 of the Revised Code,	16426
whether or not the amended plan meets the requirements of section	16427
1751.04 of the Revised Code. The superintendent's forty-five-day	16428
review period shall cease to run as of the date on which the	16429
amended plan is transmitted to the director and shall remain	16430
suspended until the superintendent receives a new certification	16431
from the director.	16432

(3) The applicant constitutes an appropriate mechanism to	16433
effectively provide or arrange for the provision of the basic	16434
health care services, supplemental health care services, or	16435
specialty health care services to be provided to enrollees.	16436

(4) The applicant is financially responsible, complies with	16437
section 1751.28 of the Revised Code, and may reasonably be	16438
expected to meet its obligations to enrollees and prospective	16439
enrollees. In making this determination, the superintendent may	16440
consider:	16441

(a) The financial soundness of the applicant's arrangements	16442
for health care services, including the applicant's proposed	16443
contractual periodic prepayments or premiums and the use of	16444
copayments and deductibles;	16445

(b) The adequacy of working capital;

16446

(c) Any agreement with an insurer, a government, or any other	16447
person for insuring the payment of the cost of health care	16448
services or providing for automatic applicability of an	16449
alternative coverage in the event of discontinuance of the health	16450
insuring corporation's operations;	16451

(d) Any agreement with providers or health care facilities	16452
for the provision of health care services;	16453

(e) Any deposit of securities submitted in accordance with	16454
section 1751.27 of the Revised Code as a guarantee that the	16455
obligations will be performed.	16456

(5) The applicant has submitted documentation of an	16457
arrangement to provide health care services to its enrollees until	16458
the expiration of the enrollees' contracts with the applicant if a	16459
health care plan or the operations of the health insuring	16460
corporation are discontinued prior to the expiration of the	16461
enrollees' contracts. An arrangement to provide health care	16462
services may be made by using any one, or any combination, of the	16463
following methods:	16464

(a) The maintenance of insolvency insurance;

16465

(b) A provision in contracts with providers and health care	16466
facilities, but no health insuring corporation shall rely solely	16467
on such a provision for more than thirty days;	16468

(c) An agreement with other health insuring corporations or	16469
insurers, providing enrollees with automatic conversion rights	16470
upon the discontinuation of a health care plan or the health	16471
insuring corporation's operations;	16472

(d) Such other methods as approved by the superintendent.

16473

(6) Nothing in the applicant's proposed method of operation,	16474
as shown by the information submitted pursuant to section 1751.03	16475
of the Revised Code or by independent investigation, will cause	16476
harm to an enrollee or to the public at large, as determined by	16477
the superintendent.	16478

(7) Any deficiencies certified by the director have been	16479
corrected.	16480

(8) The applicant has deposited securities as set forth in	16481
section 1751.27 of the Revised Code.	16482

(B) If an applicant elects to fulfill the requirements of	16483
division (A)(5) of this section through an agreement with other	16484
health insuring corporations or insurers, the agreement shall	16485
require those health insuring corporations or insurers to give	16486
thirty days' notice to the superintendent prior to cancellation or	16487
discontinuation of the agreement for any reason.	16488

(C) A certificate of authority shall be denied only after	16489
compliance with the requirements of section 1751.36 of the Revised	16490
Code.	16491

Sec. 1751.11. (A) Every subscriber of a health insuring	16492
corporation is entitled to an evidence of coverage for the health	16493
care plan under which health care benefits are provided.	16494

(B) Every subscriber of a health insuring corporation that	16495
offers basic health care services is entitled to an identification	16496
card or similar document that specifies the health insuring	16497
corporation's name as stated in its articles of incorporation, and	16498
any trade or fictitious names used by the health insuring	16499
corporation. The identification card or document shall list at	16500
least one toll-free telephone number that provides the subscriber	16501
with access, to information on a twenty-four-hours-per-day,	16502
seven-days-per-week basis, as to how health care services may be	16503
obtained. The identification card or document shall also list at	16504
least one toll-free number that, during normal business hours,	16505
provides the subscriber with access to information on the coverage	16506
available under the subscriber's health care plan and information	16507
on the health care plan's internal and external review processes.	16508

(C) No evidence of coverage, or amendment to the evidence of	16509
coverage, shall be delivered, issued for delivery, renewed, or	16510
used, until the form of the evidence of coverage or amendment has	16511
been filed by the health insuring corporation with the	16512
superintendent of insurance. If the superintendent does not	16513
disapprove the evidence of coverage or amendment within sixty days	16514
after it is filed it shall be deemed approved, unless the	16515
superintendent sooner gives approval for the evidence of coverage	16516
or amendment. With respect to an amendment to an approved evidence	16517
of coverage, the superintendent only may disapprove provisions	16518
amended or added to the evidence of coverage. If the	16519
superintendent determines within the sixty-day period that any	16520
evidence of coverage or amendment fails to meet the requirements	16521
of this section, the superintendent shall so notify the health	16522
insuring corporation and it shall be unlawful for the health	16523
insuring corporation to use such evidence of coverage or	16524
amendment. At any time, the superintendent, upon at least thirty	16525
days' written notice to a health insuring corporation, may	16526
withdraw an approval, deemed or actual, of any evidence of	16527
coverage or amendment on any of the grounds stated in this	16528
section. Such disapproval shall be effected by a written order,	16529
which shall state the grounds for disapproval and shall be issued	16530
in accordance with Chapter 119. of the Revised Code.	16531

(D) No evidence of coverage or amendment shall be delivered,	16532
issued for delivery, renewed, or used:	16533

(1) If it contains provisions or statements that are	16534
inequitable, untrue, misleading, or deceptive;	16535

(2) Unless it contains a clear, concise, and complete	16536
statement of the following:	16537

(a) The health care services and insurance or other benefits,	16538
if any, to which an enrollee is entitled under the health care	16539
plan;	16540

(b) Any exclusions or limitations on the health care	16541
services, type of health care services, benefits, or type of	16542
benefits to be provided, including copayments and deductibles;	16543

(c) An enrollee's personal financial obligation for	16544
noncovered services;	16545

(d) Where and in what manner general information and	16546
information as to how health care services may be obtained is	16547
available, including a toll-free telephone number;	16548

(e) The premium rate with respect to individual and	16549
conversion contracts, and relevant copayment and deductible	16550
provisions with respect to all contracts. The statement of the	16551
premium rate, however, may be contained in a separate insert.	16552

(f) The method utilized by the health insuring corporation	16553
for resolving enrollee complaints;	16554

(g) The utilization review, internal review, and external	16555
review procedures established under sections 1751.77 to 1751.85 of	16556
the Revised Code.	16557

(3) Unless it provides for the continuation of an enrollee's	16558
coverage, in the event that the enrollee's coverage under the	16559
group policy, contract, certificate, or agreement terminates while	16560
the enrollee is receiving inpatient care in a hospital. This	16561
continuation of coverage shall terminate at the earliest	16562
occurrence of any of the following:	16563

(a) The enrollee's discharge from the hospital;

16564

(b) The determination by the enrollee's attending physician	16565
that inpatient care is no longer medically indicated for the	16566
enrollee; however, nothing in division (D)(3)(b) of this section	16567
precludes a health insuring corporation from engaging in	16568
utilization review as described in the evidence of coverage.	16569

(c) The enrollee's reaching the limit for contractual	16570
benefits;	16571

(d) The effective date of any new coverage.

16572

(4) Unless it contains a provision that states, in substance,	16573
that the health insuring corporation is not a member of any	16574
guaranty fund, and that in the event of the health insuring	16575
corporation's insolvency, an enrollee is protected only to the	16576
extent that the hold harmless provision required by section	16577
1751.13 of the Revised Code applies to the health care services	16578
rendered;	16579

(5) Unless it contains a provision that states, in substance,	16580
that in the event of the insolvency of the health insuring	16581
corporation, an enrollee may be financially responsible for health	16582
care services rendered by a provider or health care facility that	16583
is not under contract to the health insuring corporation, whether	16584
or not the health insuring corporation authorized the use of the	16585
provider or health care facility.	16586

(E) Notwithstanding divisions (C) and (D) of this section, a	16587
health insuring corporation may use an evidence of coverage that	16588
provides for the coverage of beneficiaries enrolled in Title XVIII	16589
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.	16590
301, as amended, pursuant to a medicare contract, or an evidence	16591
of coverage that provides for the coverage of beneficiaries	16592
enrolled in the federal employees health benefits program pursuant	16593
to 5 U.S.C.A. 8905, or an evidence of coverage that provides for	16594
the coverage of beneficiaries enrolled in Title XIX of the "Social	16595
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,	16596
known as the medical assistance program or medicaid, provided by	16597
the Ohio department of job and family services under Chapter 5111.	16598
of the Revised Code, or an evidence of coverage that provides for	16599
the coverage of beneficiaries under any other federal health care	16600
program regulated by a federal regulatory body, or an evidence of	16601
coverage that provides for the coverage of beneficiaries under any	16602
contract covering officers or employees of the state that has been	16603
entered into by the department of administrative services, if both	16604
of the following apply:	16605

(1) The evidence of coverage has been approved by the United	16606
States department of health and human services, the United States	16607
office of personnel management, the Ohio department of job and	16608
family services, or the department of administrative services.	16609

(2) The evidence of coverage is filed with the superintendent	16610
of insurance prior to use and is accompanied by documentation of	16611
approval from the United States department of health and human	16612
services, the United States office of personnel management, the	16613
Ohio department of job and family services, or the department of	16614
administrative services.	16615

Sec. 1751.12. (A)(1) No contractual periodic prepayment and	16616
no premium rate for nongroup and conversion policies for health	16617
care services, or any amendment to them, may be used by any health	16618
insuring corporation at any time until the contractual periodic	16619
prepayment and premium rate, or amendment, have been filed with	16620
the superintendent of insurance, and shall not be effective until	16621
the expiration of sixty days after their filing unless the	16622
superintendent sooner gives approval. The filing shall be	16623
accompanied by an actuarial certification in the form prescribed	16624
by the superintendent. The superintendent shall disapprove the	16625
filing, if the superintendent determines within the sixty-day	16626
period that the contractual periodic prepayment or premium rate,	16627
or amendment, is not in accordance with sound actuarial principles	16628
or is not reasonably related to the applicable coverage and	16629
characteristics of the applicable class of enrollees. The	16630
superintendent shall notify the health insuring corporation of the	16631
disapproval, and it shall thereafter be unlawful for the health	16632
insuring corporation to use the contractual periodic prepayment or	16633
premium rate, or amendment.	16634

(2) No contractual periodic prepayment for group policies for	16635
health care services shall be used until the contractual periodic	16636
prepayment has been filed with the superintendent. The filing	16637
shall be accompanied by an actuarial certification in the form	16638
prescribed by the superintendent. The superintendent may reject a	16639
filing made under division (A)(2) of this section at any time,	16640
with at least thirty days' written notice to a health insuring	16641
corporation, if the contractual periodic prepayment is not in	16642
accordance with sound actuarial principles or is not reasonably	16643
related to the applicable coverage and characteristics of the	16644
applicable class of enrollees.	16645

(3) At any time, the superintendent, upon at least thirty	16646
days' written notice to a health insuring corporation, may	16647
withdraw the approval given under division (A)(1) of this section,	16648
deemed or actual, of any contractual periodic prepayment or	16649
premium rate, or amendment, based on information that either of	16650
the following applies:	16651

(a) The contractual periodic prepayment or premium rate, or	16652
amendment, is not in accordance with sound actuarial principles.	16653

(b) The contractual periodic prepayment or premium rate, or	16654
amendment, is not reasonably related to the applicable coverage	16655
and characteristics of the applicable class of enrollees.	16656

(4) Any disapproval under division (A)(1) of this section,	16657
any rejection of a filing made under division (A)(2) of this	16658
section, or any withdrawal of approval under division (A)(3) of	16659
this section, shall be effected by a written notice, which shall	16660
state the specific basis for the disapproval, rejection, or	16661
withdrawal and shall be issued in accordance with Chapter 119. of	16662
the Revised Code.	16663

(B) Notwithstanding division (A) of this section, a health	16664
insuring corporation may use a contractual periodic prepayment or	16665
premium rate for policies used for the coverage of beneficiaries	16666
enrolled in Title XVIII of the "Social Security Act," 49 Stat. 620	16667
(1935), 42 U.S.C.A. 301, as amended, pursuant to a medicare risk	16668
contract or medicare cost contract, or for policies used for the	16669
coverage of beneficiaries enrolled in the federal employees health	16670
benefits program pursuant to 5 U.S.C.A. 8905, or for policies used	16671
for the coverage of beneficiaries enrolled in Title XIX of the	16672
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	16673
amended, known as the medical assistance program or medicaid,	16674
provided by the department of job and family services under	16675
Chapter 5111. of the Revised Code, or for policies used for the	16676
coverage of beneficiaries under any other federal health care	16677
program regulated by a federal regulatory body, or for policies	16678
used for the coverage of beneficiaries under any contract covering	16679
officers or employees of the state that has been entered into by	16680
the department of administrative services, if both of the	16681
following apply:	16682

(1) The contractual periodic prepayment or premium rate has	16683
been approved by the United States department of health and human	16684
services, the United States office of personnel management, the	16685
department of job and family services, or the department of	16686
administrative services.	16687

(2) The contractual periodic prepayment or premium rate is	16688
filed with the superintendent prior to use and is accompanied by	16689
documentation of approval from the United States department of	16690
health and human services, the United States office of personnel	16691
management, the department of job and family services, or the	16692
department of administrative services.	16693

(C) The administrative expense portion of all contractual	16694
periodic prepayment or premium rate filings submitted to the	16695
superintendent for review must reflect the actual cost of	16696
administering the product. The superintendent may require that the	16697
administrative expense portion of the filings be itemized and	16698
supported.	16699

(D)(1) Copayments must be reasonable and must not be a	16700
barrier to the necessary utilization of services by enrollees.	16701

(2) A health insuring corporation, in order to ensure that	16702
copayments are reasonable and not a barrier to the necessary	16703
utilization of basic health care services by enrollees, may ~~not~~	16704
~~impose~~do one of the following:	16705

(a) Impose copayment charges on any single covered basic	16706
health care ~~services~~service that does not exceed ~~thirty~~forty per	16707
cent of the ~~total~~average cost to the health insuring corporation	16708
of providing ~~any single covered health care~~the service~~, except~~	16709
~~for physician office visits, emergency health services, and urgent~~	16710
~~care services.~~;	16711

(b) Impose copayment charges that annually do not exceed	16712
twenty per cent of the total annual cost to the health insuring	16713
corporation of providing all covered basic health care services,	16714
including physician office visits, urgent care services, and	16715
emergency health services, when aggregated as to all persons	16716
covered under the filed product in question. In addition, annual	16717
copayment charges as to each enrollee shall not exceed twenty per	16718
cent of the total annual cost to the health insuring corporation	16719
of providing all covered basic health care services, including	16720
physician office visits, urgent care services, and emergency	16721
health services, as to such enrollee. The total annual cost of	16722
providing a health care service is the cost to the health insuring	16723
corporation of providing the health care service to its enrollees	16724
as reduced by any applicable provider discount. ~~An open panel plan~~	16725
~~may not impose copayments on out-of-network benefits that exceed~~	16726
~~fifty per cent of the total cost of providing any single covered~~	16727
~~health care service.~~	16728

(3) To ensure that copayments are reasonable and not a	16729
barrier to the utilization of basic health care services, a health	16730
insuring corporation may not impose, in any contract year, on any	16731
subscriber or enrollee, copayments that exceed two hundred per	16732
cent of the ~~total~~average annual premium rate to ~~the subscriber~~	16733
subscribers or enrollees. ~~This limitation of two hundred per cent~~	16734
~~does not include any reasonable copayments that are not a barrier~~	16735
~~to the necessary utilization of health care services by enrollees~~	16736
~~and that are imposed on physician office visits, emergency health~~	16737
~~services, urgent care services, supplemental health care services,~~	16738
~~or specialty health care services.~~	16739

(E) A health insuring corporation shall not impose lifetime	16740
maximums on basic health care services. However, a health insuring	16741
corporation may establish a benefit limit for inpatient hospital	16742
services that are provided pursuant to a policy, contract,	16743
certificate, or agreement for supplemental health care services.	16744

(F) A health insuring corporation may require that an	16745
enrollee pay an annual deductible that does not exceed one	16746
thousand dollars per enrollee or two thousand dollars per family.	16747
The superintendent may adopt rules defining different annual	16748
deductible amounts for plans with an employer-sponsored medical	16749
savings account, health reimbursement arrangement, or flexible	16750
spending account.	16751

Sec. 1751.13. (A)(1)(a) A health insuring corporation shall,	16752
either directly or indirectly, enter into contracts for the	16753
provision of health care services with a sufficient number and	16754
types of providers and health care facilities to ensure that all	16755
covered health care services will be accessible to enrollees from	16756
a contracted provider or health care facility.	16757

(b) A health insuring corporation shall not refuse to	16758
contract with a physician for the provision of health care	16759
services or refuse to recognize a physician as a specialist on the	16760
basis that the physician attended an educational program or a	16761
residency program approved or certified by the American	16762
osteopathic association. A health insuring corporation shall not	16763
refuse to contract with a health care facility for the provision	16764
of health care services on the basis that the health care facility	16765
is certified or accredited by the American osteopathic association	16766
or that the health care facility is an osteopathic hospital as	16767
defined in section 3702.51 of the Revised Code.	16768

(c) Nothing in division (A)(1)(b) of this section shall be	16769
construed to require a health insuring corporation to make a	16770
benefit payment under a closed panel plan to a physician or health	16771
care facility with which the health insuring corporation does not	16772
have a contract, provided that none of the bases set forth in that	16773
division are used as a reason for failing to make a benefit	16774
payment.	16775

(2) When a health insuring corporation is unable to provide a	16776
covered health care service from a contracted provider or health	16777
care facility, the health insuring corporation must provide that	16778
health care service from a noncontracted provider or health care	16779
facility consistent with the terms of the enrollee's policy,	16780
contract, certificate, or agreement. The health insuring	16781
corporation shall either ensure that the health care service be	16782
provided at no greater cost to the enrollee than if the enrollee	16783
had obtained the health care service from a contracted provider or	16784
health care facility, or make other arrangements acceptable to the	16785
superintendent of insurance.	16786

(3) Nothing in this section shall prohibit a health insuring	16787
corporation from entering into contracts with out-of-state	16788
providers or health care facilities that are licensed, certified,	16789
accredited, or otherwise authorized in that state.	16790

(B)(1) A health insuring corporation shall, either directly	16791
or indirectly, enter into contracts with all providers and health	16792
care facilities through which health care services are provided to	16793
its enrollees.	16794

(2) A health insuring corporation, upon written request,	16795
shall assist its contracted providers in finding stop-loss or	16796
reinsurance carriers.	16797

(C) A health insuring corporation shall file an annual	16798
certificate with the superintendent certifying that all provider	16799
contracts and contracts with health care facilities through which	16800
health care services are being provided contain the following:	16801

(1) A description of the method by which the provider or	16802
health care facility will be notified of the specific health care	16803
services for which the provider or health care facility will be	16804
responsible, including any limitations or conditions on such	16805
services;	16806

(2) The specific hold harmless provision specifying	16807
protection of enrollees set forth as follows:	16808

"[Provider/Health Care Facility] agrees that in no event,	16809
including but not limited to nonpayment by the health insuring	16810
corporation, insolvency of the health insuring corporation, or	16811
breach of this agreement, shall [Provider/Health Care Facility]	16812
bill, charge, collect a deposit from, seek remuneration or	16813
reimbursement from, or have any recourse against, a subscriber,	16814
enrollee, person to whom health care services have been provided,	16815
or person acting on behalf of the covered enrollee, for health	16816
care services provided pursuant to this agreement. This does not	16817
prohibit [Provider/Health Care Facility] from collecting	16818
co-insurance, deductibles, or copayments as specifically provided	16819
in the evidence of coverage, or fees for uncovered health care	16820
services delivered on a fee-for-service basis to persons	16821
referenced above, nor from any recourse against the health	16822
insuring corporation or its successor."	16823

(3) Provisions requiring the provider or health care facility	16824
to continue to provide covered health care services to enrollees	16825
in the event of the health insuring corporation's insolvency or	16826
discontinuance of operations. The provisions shall require the	16827
provider or health care facility to continue to provide covered	16828
health care services to enrollees as needed to complete any	16829
medically necessary procedures commenced but unfinished at the	16830
time of the health insuring corporation's insolvency or	16831
discontinuance of operations. The completion of a medically	16832
necessary procedure shall include the rendering of all covered	16833
health care services that constitute medically necessary follow-up	16834
care for that procedure. If an enrollee is receiving necessary	16835
inpatient care at a hospital, the provisions may limit the	16836
required provision of covered health care services relating to	16837
that inpatient care in accordance with division (D)(3) of section	16838
1751.11 of the Revised Code, and may also limit such required	16839
provision of covered health care services to the period ending	16840
thirty days after the health insuring corporation's insolvency or	16841
discontinuance of operations.	16842

The provisions required by division (C)(3) of this section	16843
shall not require any provider or health care facility to continue	16844
to provide any covered health care service after the occurrence of	16845
any of the following:	16846

(a) The end of the thirty-day period following the entry of a	16847
liquidation order under Chapter 3903. of the Revised Code;	16848

(b) The end of the enrollee's period of coverage for a	16849
contractual prepayment or premium;	16850

(c) The enrollee obtains equivalent coverage with another	16851
health insuring corporation or insurer, or the enrollee's employer	16852
obtains such coverage for the enrollee;	16853

(d) The enrollee or the enrollee's employer terminates	16854
coverage under the contract;	16855

(e) A liquidator effects a transfer of the health insuring	16856
corporation's obligations under the contract under division (A)(8)	16857
of section 3903.21 of the Revised Code.	16858

(4) A provision clearly stating the rights and	16859
responsibilities of the health insuring corporation, and of the	16860
contracted providers and health care facilities, with respect to	16861
administrative policies and programs, including, but not limited	16862
to, payments systems, utilization review, quality assurance,	16863
assessment, and improvement programs, credentialing,	16864
confidentiality requirements, and any applicable federal or state	16865
programs;	16866

(5) A provision regarding the availability and	16867
confidentiality of those health records maintained by providers	16868
and health care facilities to monitor and evaluate the quality of	16869
care, to conduct evaluations and audits, and to determine on a	16870
concurrent or retrospective basis the necessity of and	16871
appropriateness of health care services provided to enrollees. The	16872
provision shall include terms requiring the provider or health	16873
care facility to make these health records available to	16874
appropriate state and federal authorities involved in assessing	16875
the quality of care or in investigating the grievances or	16876
complaints of enrollees, and requiring the provider or health care	16877
facility to comply with applicable state and federal laws related	16878
to the confidentiality of medical or health records.	16879

(6) A provision that states that contractual rights and	16880
responsibilities may not be assigned or delegated by the provider	16881
or health care facility without the prior written consent of the	16882
health insuring corporation;	16883

(7) A provision requiring the provider or health care	16884
facility to maintain adequate professional liability and	16885
malpractice insurance. The provision shall also require the	16886
provider or health care facility to notify the health insuring	16887
corporation not more than ten days after the provider's or health	16888
care facility's receipt of notice of any reduction or cancellation	16889
of such coverage.	16890

(8) A provision requiring the provider or health care	16891
facility to observe, protect, and promote the rights of enrollees	16892
as patients;	16893

(9) A provision requiring the provider or health care	16894
facility to provide health care services without discrimination on	16895
the basis of a patient's participation in the health care plan,	16896
age, sex, ethnicity, religion, sexual preference, health status,	16897
or disability, and without regard to the source of payments made	16898
for health care services rendered to a patient. This requirement	16899
shall not apply to circumstances when the provider or health care	16900
facility appropriately does not render services due to limitations	16901
arising from the provider's or health care facility's lack of	16902
training, experience, or skill, or due to licensing restrictions.	16903

(10) A provision containing the specifics of any obligation	16904
on the primary care provider to provide, or to arrange for the	16905
provision of, covered health care services twenty-four hours per	16906
day, seven days per week;	16907

(11) A provision setting forth procedures for the resolution	16908
of disputes arising out of the contract;	16909

(12) A provision stating that the hold harmless provision	16910
required by division (C)(2) of this section shall survive the	16911
termination of the contract with respect to services covered and	16912
provided under the contract during the time the contract was in	16913
effect, regardless of the reason for the termination, including	16914
the insolvency of the health insuring corporation;	16915

(13) A provision requiring those terms that are used in the	16916
contract and that are defined by this chapter, be used in the	16917
contract in a manner consistent with those definitions.	16918

This division does not apply to the coverage of beneficiaries	16919
enrolled in Title XVIII of the "Social Security Act," 49 Stat. 620	16920
(1935), 42 U.S.C.A. 301, as amended, pursuant to a medicare risk	16921
contract or medicare cost contract, or to the coverage of	16922
beneficiaries enrolled in the federal employee health benefits	16923
program pursuant to 5 U.S.C.A. 8905, or to the coverage of	16924
beneficiaries enrolled in Title XIX of the "Social Security Act,"	16925
49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, known as the	16926
medical assistance program or medicaid, provided by the department	16927
of job and family services under Chapter 5111. of the Revised	16928
Code, or to the coverage of beneficiaries under any federal health	16929
care program regulated by a federal regulatory body, or to the	16930
coverage of beneficiaries under any contract covering officers or	16931
employees of the state that has been entered into by the	16932
department of administrative services.	16933

(D)(1) No health insuring corporation contract with a	16934
provider or health care facility shall contain any of the	16935
following:	16936

(a) A provision that directly or indirectly offers an	16937
inducement to the provider or health care facility to reduce or	16938
limit medically necessary health care services to a covered	16939
enrollee;	16940

(b) A provision that penalizes a provider or health care	16941
facility that assists an enrollee to seek a reconsideration of the	16942
health insuring corporation's decision to deny or limit benefits	16943
to the enrollee;	16944

(c) A provision that limits or otherwise restricts the	16945
provider's or health care facility's ethical and legal	16946
responsibility to fully advise enrollees about their medical	16947
condition and about medically appropriate treatment options;	16948

(d) A provision that penalizes a provider or health care	16949
facility for principally advocating for medically necessary health	16950
care services;	16951

(e) A provision that penalizes a provider or health care	16952
facility for providing information or testimony to a legislative	16953
or regulatory body or agency. This shall not be construed to	16954
prohibit a health insuring corporation from penalizing a provider	16955
or health care facility that provides information or testimony	16956
that is libelous or slanderous or that discloses trade secrets	16957
which the provider or health care facility has no privilege or	16958
permission to disclose.	16959

(2) Nothing in this division shall be construed to prohibit a	16960
health insuring corporation from doing either of the following:	16961

(a) Making a determination not to reimburse or pay for a	16962
particular medical treatment or other health care service;	16963

(b) Enforcing reasonable peer review or utilization review	16964
protocols, or determining whether a particular provider or health	16965
care facility has complied with these protocols.	16966

(E) Any contract between a health insuring corporation and an	16967
intermediary organization shall clearly specify that the health	16968
insuring corporation must approve or disapprove the participation	16969
of any provider or health care facility with which the	16970
intermediary organization contracts.	16971

(F) If an intermediary organization that is not a health	16972
delivery network contracting solely with self-insured employers	16973
subcontracts with a provider or health care facility, the	16974
subcontract with the provider or health care facility shall do all	16975
of the following:	16976

(1) Contain the provisions required by divisions (C) and (G)	16977
of this section, as made applicable to an intermediary	16978
organization, without the inclusion of inducements or penalties	16979
described in division (D) of this section;	16980

(2) Acknowledge that the health insuring corporation is a	16981
third-party beneficiary to the agreement;	16982

(3) Acknowledge the health insuring corporation's role in	16983
approving the participation of the provider or health care	16984
facility, pursuant to division (E) of this section.	16985

(G) Any provider contract or contract with a health care	16986
facility shall clearly specify the health insuring corporation's	16987
statutory responsibility to monitor and oversee the offering of	16988
covered health care services to its enrollees.	16989

(H)(1) A health insuring corporation shall maintain its	16990
provider contracts and its contracts with health care facilities	16991
at one or more of its places of business in this state, and shall	16992
provide copies of these contracts to facilitate regulatory review	16993
upon written notice by the superintendent of insurance.	16994

(2) Any contract with an intermediary organization that	16995
accepts compensation shall include provisions requiring the	16996
intermediary organization to provide the superintendent with	16997
regulatory access to all books, records, financial information,	16998
and documents related to the provision of health care services to	16999
subscribers and enrollees under the contract. The contract shall	17000
require the intermediary organization to maintain such books,	17001
records, financial information, and documents at its principal	17002
place of business in this state and to preserve them for at least	17003
three years in a manner that facilitates regulatory review.	17004

(I)(1) A health insuring corporation shall notify its	17005
affected enrollees of the termination of a contract for the	17006
provision of health care services between the health insuring	17007
corporation and a primary care physician or hospital, by mail,	17008
within thirty days after the termination of the contract.	17009

(a) Notice shall be given to subscribers of the termination	17010
of a contract with a primary care physician if the subscriber, or	17011
a dependent covered under the subscriber's health care coverage,	17012
has received health care services from the primary care physician	17013
within the previous twelve months or if the subscriber or	17014
dependent has selected the physician as the subscriber's or	17015
dependent's primary care physician within the previous twelve	17016
months.	17017

(b) Notice shall be given to subscribers of the termination	17018
of a contract with a hospital if the subscriber, or a dependent	17019
covered under the subscriber's health care coverage, has received	17020
health care services from that hospital within the previous twelve	17021
months.	17022

(2) The health insuring corporation shall pay, in accordance	17023
with the terms of the contract, for all covered health care	17024
services rendered to an enrollee by a primary care physician or	17025
hospital between the date of the termination of the contract and	17026
five days after the notification of the contract termination is	17027
mailed to a subscriber at the subscriber's last known address.	17028

(J) Divisions (A) and (B) of this section do not apply to any	17029
health insuring corporation that, on June 4, 1997, holds a	17030
certificate of authority or license to operate under Chapter 1740.	17031
of the Revised Code.	17032

(K) Nothing in this section shall restrict the governing body	17033
of a hospital from exercising the authority granted it pursuant to	17034
section 3701.351 of the Revised Code.	17035

Sec. 1751.16. (A) Except as provided in division (F) of this	17036
section, every group contract issued by a health insuring	17037
corporation shall provide an option for conversion to an	17038
individual contract issued on a direct-payment basis to any	17039
subscriber covered by the group contract who terminates employment	17040
or membership in the group, unless:	17041

(1) Termination of the conversion option or contract is based	17042
upon nonpayment of premium after reasonable notice in writing has	17043
been given by the health insuring corporation to the subscriber.	17044

(2) The subscriber is, or is eligible to be, covered for	17045
benefits at least comparable to the group contract under any of	17046
the following:	17047

(a) Title XVIII of the "Social Security Act," 49 Stat. 620	17048
(1935), 42 U.S.C.A. 301, as amended;	17049

(b) Any act of congress or law under this or any other state	17050
of the United States providing coverage at least comparable to the	17051
benefits under division (A)(2)(a) of this section;	17052

(c) Any policy of insurance or health care plan providing	17053
coverage at least comparable to the benefits under division	17054
(A)(2)(a) of this section.	17055

(B)(1) The direct-payment contract offered by the health	17056
insuring corporation pursuant to division (A) of this section	17057
shall provide the following:	17058

(a) In the case of an individual who is not a federally	17059
eligible individual, benefits comparable to benefits in any of the	17060
individual contracts then being issued to individual subscribers	17061
by the health insuring corporation;	17062

(b) In the case of a federally eligible individual, a basic	17063
and standard plan established by the board of directors of the	17064
Ohio health reinsurance program or plans substantially similar to	17065
the basic and standard plan in benefit design and scope of covered	17066
services. For purposes of division (B)(1)(b) of this section, the	17067
superintendent of insurance shall determine whether a plan is	17068
substantially similar to the basic or standard plan in benefit	17069
design and scope of covered services. The contractual periodic	17070
prepayments charged for such plans may not exceed an amount that	17071
is two times the midpoint of the standard rate charged any other	17072
individual of a group to which the organization is currently	17073
accepting new business and for which similar copayments and	17074
deductibles are applied.	17075

(2) The direct payment contract offered pursuant to division	17076
(A) of this section may include a coordination of benefits	17077
provision as approved by the superintendent.	17078

(3) For purposes of division (B) of this section "federally	17079
eligible individual" means an eligible individual as defined in 45	17080
C.F.R. 148.103.	17081

17082

(1) Upon the death of the subscriber, to the surviving spouse	17083
with respect to such of the spouse and dependents as are then	17084
covered by the group contract;	17085

(2) To a child solely with respect to the child upon the	17086
child's attaining the limiting age of coverage under the group	17087
contract while covered as a dependent under the contract;	17088

(3) Upon the divorce, dissolution, or annulment of the	17089
marriage of the subscriber, to the divorced spouse, or, in the	17090
event of annulment, to the former spouse of the subscriber.	17091

(D) No health insuring corporation shall use age as the basis	17092
for refusing to renew a converted contract.	17093

(E) Written notice of the conversion option provided by this	17094
section shall be given to the subscriber by the health insuring	17095
corporation by mail. The notice shall be sent to the subscriber's	17096
address in the records of the employer upon receipt of notice from	17097
the employer of the event giving rise to the conversion option. If	17098
the subscriber has not received notice of the conversion privilege	17099
at least fifteen days prior to the expiration of the thirty-day	17100
conversion period, then the subscriber shall have an additional	17101
period within which to exercise the privilege. This additional	17102
period shall expire fifteen days after the subscriber receives	17103
notice, but in no event shall the period extend beyond sixty days	17104
after the expiration of the thirty-day conversion period.	17105

(F) This section does not apply to any group contract	17106
offering only supplemental health care services or specialty	17107
health care services.	17108

Sec. 1751.60. (A) Except as provided for in divisions (E)	17109
and (F) of this section, every provider or health care facility	17110
that contracts with a health insuring corporation to provide	17111
health care services to the health insuring corporation's	17112
enrollees or subscribers shall seek compensation for covered	17113
services solely from the health insuring corporation and not,	17114
under any circumstances, from the enrollees or subscribers, except	17115
for approved copayments and deductibles.	17116

(B) No subscriber or enrollee of a health insuring	17117
corporation is liable to any contracting provider or health care	17118
facility for the cost of any covered health care services, if the	17119
subscriber or enrollee has acted in accordance with the evidence	17120
of coverage.	17121

(C) Except as provided for in divisions (E) and (F) of this	17122
section, every contract between a health insuring corporation and	17123
provider or health care facility shall contain a provision	17124
approved by the superintendent of insurance requiring the provider	17125
or health care facility to seek compensation solely from the	17126
health insuring corporation and not, under any circumstances, from	17127
the subscriber or enrollee, except for approved copayments and	17128
deductibles.	17129

(D) Nothing in this section shall be construed as preventing	17130
a provider or health care facility from billing the enrollee or	17131
subscriber of a health insuring corporation for noncovered	17132
services.	17133

(E) Upon application by a health insuring corporation and a	17134
provider or health care facility, the superintendent may waive the	17135
requirements of divisions (A) and (C) of this section when, in	17136
addition to the reserve requirements contained in section 1751.28	17137
of the Revised Code, the health insuring corporation provides	17138
sufficient assurances to the superintendent that the provider or	17139
health care facility has been provided with financial guarantees.	17140
No waiver of the requirements of divisions (A) and (C) of this	17141
section is effective as to enrollees or subscribers for whom the	17142
health insuring corporation is compensated under a provider	17143
agreement or risk contract entered into pursuant to Chapter 5111.	17144
or 5115. of the Revised Code.	17145

(F) The requirements of divisions (A) to (C) of this section	17146
apply only to health care services provided to an enrollee or	17147
subscriber prior to the effective date of a termination of a	17148
contract between the health insuring corporation and the provider	17149
or health care facility.	17150

Sec. 2101.16. (A) The fees enumerated in this division shall	17151
be charged and collected, if possible, by the probate judge and	17152
shall be in full for all services rendered in the respective	17153
proceedings:	17154

(1)	Account, in addition to advertising charges ..........	$12.00	17155
	Waivers and proof of notice of hearing on account, per		17156
	page, minimum one dollar .............................	$ 1.00	17157
(2)	Account of distribution, in addition to		17158
	advertising charges ..................................	$ 7.00	17159
(3)	Adoption of child, petition for ......................	$50.00	17160
(4)	Alter or cancel contract for sale or purchase of		17161
	real estate, petition to .............................	$20.00	17162
(5)	Application and order not otherwise provided		17163
	for in this section or by rule adopted pursuant to		17164
	division (E) of this section .........................	$ 5.00	17165
(6)	Appropriation suit, per day, hearing in ..............	$20.00	17166
(7)	Birth, application for registration of ...............	$ 7.00	17167
(8)	Birth record, application to correct .................	$ 5.00	17168
(9)	Bond, application for new or additional ..............	$ 5.00	17169
(10)	Bond, application for release of surety or		17170
	reduction of .........................................	$ 5.00	17171
(11)	Bond, receipt for securities deposited in lieu of ....	$ 5.00	17172
(12)	Certified copy of journal entry, record, or proceeding,		17173
	per page, minimum fee one dollar .....................	$ 1.00	17174
(13)	Citation and issuing citation, application for .......	$ 5.00	17175
(14)	Change of name, petition for .........................	$20.00	17176
(15)	Claim, application of administrator or executor for		17177
	allowance of administrator's or executor's own .......	$10.00	17178
(16)	Claim, application to compromise or settle ...........	$10.00	17179
(17)	Claim, authority to present ..........................	$10.00	17180
(18)	Commissioner, appointment of .........................	$ 5.00	17181
(19)	Compensation for extraordinary services and attorney's		17182
	fees for fiduciary, application for ..................	$ 5.00	17183
(20)	Competency, application to procure adjudication of ...	$20.00	17184
(21)	Complete contract, application to ....................	$10.00	17185
(22)	Concealment of assets, citation for ..................	$10.00	17186
(23)	Construction of will, petition for ...................	$20.00	17187
(24)	Continue decedent's business, application to .........	$10.00	17188
	Monthly reports of operation .........................	$ 5.00	17189
(25)	Declaratory judgment, petition for ...................	$20.00	17190
(26)	Deposit of will ......................................	$ 5.00	17191
(27)	Designation of heir ..................................	$20.00	17192
(28)	Distribution in kind, application, assent, and		17193
	order for ............................................	$ 5.00	17194
(29)	Distribution under section 2109.36 of the Revised		17195
	Code, application for an order of ....................	$ 7.00	17196
(30)	Docketing and indexing proceedings, including the		17197
	filing and noting of all necessary documents, maximum		17198
	fee, fifteen dollars .................................	$15.00	17199
(31)	Exceptions to any proceeding named in this section,		17200
	contest of appointment or ............................	$10.00	17201
(32)	Election of surviving partner to purchase assets of		17202
	partnership, proceedings relating to .................	$10.00	17203
(33)	Election of surviving spouse under will ..............	$ 5.00	17204
(34)	Fiduciary, including an assignee or trustee of an		17205
	insolvent debtor or any guardian or conservator		17206
	accountable to the probate court, appointment of .....	$35.00	17207
(35)	Foreign will, application to record ..................	$10.00	17208
	Record of foreign will, additional, per page .........	$ 1.00	17209
(36)	Forms when supplied by the probate court, not to		17210
	exceed ...............................................	$10.00	17211
(37)	Heirship, petition to determine ......................	$20.00	17212
(38)	Injunction proceedings ...............................	$20.00	17213
(39)	Improve real estate, petition to .....................	$20.00	17214
(40)	Inventory with appraisement ..........................	$10.00	17215
(41)	Inventory without appraisement .......................	$ 7.00	17216
(42)	Investment or expenditure of funds, application for ..	$10.00	17217
(43)	Invest in real estate, application to ................	$10.00	17218
(44)	Lease for oil, gas, coal, or other mineral, petition		17219
	to ...................................................	$20.00	17220
(45)	Lease or lease and improve real estate, petition to ..	$20.00	17221
(46)	Marriage license .....................................	$10.00	17222
	Certified abstract of each marriage ..................	$ 2.00	17223
(47)	Minor or mentally ill person, etc., disposal of estate		17224
	under ten thousand dollars of ........................	$10.00	17225
(48)	Mortgage or mortgage and repair or improve real		17226
	estate, petition to ..................................	$20.00	17227
(49)	Newly discovered assets, report of ...................	$ 7.00	17228
(50)	Nonresident executor or administrator to bar		17229
	creditors' claims, proceedings by ....................	$20.00	17230
(51)	Power of attorney or revocation of power,		17231
	bonding company ......................................	$10.00	17232
(52)	Presumption of death, petition to establish ..........	$20.00	17233
(53)	Probating will .......................................	$15.00	17234
	Proof of notice to beneficiaries .....................	$ 5.00	17235
(54)	Purchase personal property, application of surviving		17236
	spouse to ............................................	$10.00	17237
(55)	Purchase real estate at appraised value, petition of		17238
	surviving spouse to ..................................	$20.00	17239
(56)	Receipts in addition to advertising charges,		17240
	application and order to record ......................	$ 5.00	17241
	Record of those receipts, additional, per page .......	$ 1.00	17242
(57)	Record in excess of fifteen hundred words in any		17243
	proceeding in the probate court, per page ............	$ 1.00	17244
(58)	Release of estate by mortgagee or other lienholder ...	$ 5.00	17245
(59)	Relieving an estate from administration under section		17246
	2113.03 of the Revised Code or granting an order for a		17247
	summary release from administration under section		17248
	2113.031 of the Revised Code .........................	$60.00	17249
(60)	Removal of fiduciary, application for ................	$10.00	17250
(61)	Requalification of executor or administrator .........	$10.00	17251
(62)	Resignation of fiduciary .............................	$ 5.00	17252
(63)	Sale bill, public sale of personal property ..........	$10.00	17253
(64)	Sale of personal property and report, application		17254
	for ..................................................	$10.00	17255
(65)	Sale of real estate, petition for ....................	$25.00	17256
(66)	Terminate guardianship, petition to ..................	$10.00	17257
(67)	Transfer of real estate, application, entry, and		17258
	certificate for ......................................	$ 7.00	17259
(68)	Unclaimed money, application to invest ...............	$ 7.00	17260
(69)	Vacate approval of account or order of distribution,		17261
	motion to ............................................	$10.00	17262
(70)	Writ of execution ....................................	$ 5.00	17263
(71)	Writ of possession ...................................	$ 5.00	17264
(72)	Wrongful death, application and settlement of claim		17265
	for ..................................................	$20.00	17266
(73)	Year's allowance, petition to review .................	$ 7.00	17267
(74)	Guardian's report, filing and review of ..............	$ 5.00	17268

(B)(1) In relation to an application for the appointment of a	17269
guardian or the review of a report of a guardian under section	17270
2111.49 of the Revised Code, the probate court, pursuant to court	17271
order or in accordance with a court rule, may direct that the	17272
applicant or the estate pay any or all of the expenses of an	17273
investigation conducted pursuant to section 2111.041 or division	17274
(A)(2) of section 2111.49 of the Revised Code. If the	17275
investigation is conducted by a public employee or investigator	17276
who is paid by the county, the fees for the investigation shall be	17277
paid into the county treasury. If the court finds that an alleged	17278
incompetent or a ward is indigent, the court may waive the costs,	17279
fees, and expenses of an investigation.	17280

(2) In relation to the appointment or functioning of a	17281
guardian for a minor or the guardianship of a minor, the probate	17282
court may direct that the applicant or the estate pay any or all	17283
of the expenses of an investigation conducted pursuant to section	17284
2111.042 of the Revised Code. If the investigation is conducted by	17285
a public employee or investigator who is paid by the county, the	17286
fees for the investigation shall be paid into the county treasury.	17287
If the court finds that the guardian or applicant is indigent, the	17288
court may waive the costs, fees, and expenses of an investigation.	17289

(C) Thirty dollars of the thirty-five-dollar fee collected	17290
pursuant to division (A)(34) of this section and twenty dollars of	17291
the sixty-dollar fee collected pursuant to division (A)(59) of	17292
this section shall be deposited by the county treasurer in the	17293
indigent guardianship fund created pursuant to section 2111.51 of	17294
the Revised Code.	17295

(D) The fees of witnesses, jurors, sheriffs, coroners, and	17296
constables for services rendered in the probate court or by order	17297
of the probate judge shall be the same as provided for like	17298
services in the court of common pleas.	17299

(E) The probate court, by rule, may require an advance	17300
deposit for costs, not to exceed one hundred twenty-five dollars,	17301
at the time application is made for an appointment as executor or	17302
administrator or at the time a will is presented for probate.	17303

(F) The probate court, by rule, shall establish a reasonable	17304
fee, not to exceed fifty dollars, for the filing of a petition for	17305
the release of information regarding an adopted person's name by	17306
birth and the identity of the adopted person's biological parents	17307
and biological siblings pursuant to section 3107.41 of the Revised	17308
Code, all proceedings relative to the petition, the entry of an	17309
order relative to the petition, and all services required to be	17310
performed in connection with the petition. The probate court may	17311
use a reasonable portion of a fee charged under authority of this	17312
division to reimburse any agency, as defined in section 3107.39 of	17313
the Revised Code, for any services it renders in performing a task	17314
described in section 3107.41 of the Revised Code relative to or in	17315
connection with the petition for which the fee was charged.	17316

(G)(1) Thirty dollars of the fifty-dollar fee collected	17317
pursuant to division (A)(3) of this section shall be deposited	17318
into the "putative father registry fund," which is hereby created	17319
in the state treasury. The department of job and family services	17320
shall use the money in the fund to fund the department's costs of	17321
performing its duties related to the putative father registry	17322
established under section 3107.062 of the Revised Code.	17323

(2) If the department determines that money in the putative	17324
father registry fund is more than is needed for its duties related	17325
to the putative father registry, the department may use the	17326
surplus moneys in the fund as permitted in division (C) of section	17327
2151.3529, division (B) of section 2151.3530, or section 5103.155	17328
of the Revised Code.	17329

Sec. 2113.041. (A) The administrator of the estate recovery	17330
program established pursuant to section 5111.11 of the Revised	17331
Code may present an affidavit to a financial institution	17332
requesting that the financial institution release account proceeds	17333
to recover the cost of services correctly provided to a medicaid	17334
recipient. The affidavit shall include all of the following	17335
information:	17336

(1) The name of the decedent;

17337

(2) The name of any person who gave notice that the decedent	17338
was a medicaid recipient and that person's relationship to the	17339
decedent;	17340

(3) The name of the financial institution;

17341

(4) The account number;

17342

(5) A description of the claim for estate recovery;

17343

(6) The amount of funds to be recovered.

17344

(B) A financial institution may release account proceeds to	17345
the administrator of the estate recovery program if all of the	17346
following apply:	17347

(1) The decedent held an account at the financial institution	17348
that was in the decedent's name only.	17349

(2) No estate has been, and it is reasonable to assume that	17350
no estate will be, opened for the decedent.	17351

(3) The decedent has no outstanding debts known to the	17352
administrator of the estate recovery program.	17353

(4) The financial institution has received no objections or	17354
has determined that no valid objections to release of proceeds	17355
have been received.	17356

(C) If proceeds have been released pursuant to division (B)	17357
of this section and the department of job and family services	17358
receives notice of a valid claim to the proceeds that has a higher	17359
priority under section 2117.25 of the Revised Code than the claim	17360
of the estate recovery program, the department may refund the	17361
proceeds to the financial institution or pay them to the person or	17362
government entity with the claim.	17363

Sec. 2117.06. (A) All creditors having claims against an	17364
estate, including claims arising out of contract, out of tort, on	17365
cognovit notes, or on judgments, whether due or not due, secured	17366
or unsecured, liquidated or unliquidated, shall present their	17367
claims in one of the following manners:	17368

(1) To the executor or administrator in a writing;

17369

(2) To the executor or administrator in a writing, and to the	17370
probate court by filing a copy of the writing with it;	17371

(3) In a writing that is sent by ordinary mail addressed to	17372
the decedent and that is actually received by the executor or	17373
administrator within the appropriate time specified in division	17374
(B) of this section. For purposes of this division, if an executor	17375
or administrator is not a natural person, the writing shall be	17376
considered as being actually received by the executor or	17377
administrator only if the person charged with the primary	17378
responsibility of administering the estate of the decedent	17379
actually receives the writing within the appropriate time	17380
specified in division (B) of this section.	17381

(B) ~~All~~Except as provided in section 2117.061 of the Revised	17382
Code, all claims shall be presented within one year after the	17383
death of the decedent, whether or not the estate is released from	17384
administration or an executor or administrator is appointed during	17385
that one-year period. Every claim presented shall set forth the	17386
claimant's address.	17387

(C) AExcept as provided in section 2117.061 of the Revised	17388
Code, a claim that is not presented within one year after the	17389
death of the decedent shall be forever barred as to all parties,	17390
including, but not limited to, devisees, legatees, and	17391
distributees. No payment shall be made on the claim and no action	17392
shall be maintained on the claim, except as otherwise provided in	17393
sections 2117.37 to 2117.42 of the Revised Code with reference to	17394
contingent claims.	17395

(D) In the absence of any prior demand for allowance, the	17396
executor or administrator shall allow or reject all claims, except	17397
tax assessment claims, within thirty days after their	17398
presentation, provided that failure of the executor or	17399
administrator to allow or reject within that time shall not	17400
prevent the executor or administrator from doing so after that	17401
time and shall not prejudice the rights of any claimant. Upon the	17402
allowance of a claim, the executor or the administrator, on demand	17403
of the creditor, shall furnish the creditor with a written	17404
statement or memorandum of the fact and date of the allowance.	17405

(E) If the executor or administrator has actual knowledge of	17406
a pending action commenced against the decedent prior to the	17407
decedent's death in a court of record in this state, the executor	17408
or administrator shall file a notice of the appointment of the	17409
executor or administrator in the pending action within ten days	17410
after acquiring that knowledge. If the administrator or executor	17411
is not a natural person, actual knowledge of a pending suit	17412
against the decedent shall be limited to the actual knowledge of	17413
the person charged with the primary responsibility of	17414
administering the estate of the decedent. Failure to file the	17415
notice within the ten-day period does not extend the claim period	17416
established by this section.	17417

(F) This section applies to any person who is required to	17418
give written notice to the executor or administrator of a motion	17419
or application to revive an action pending against the decedent at	17420
the date of the death of the decedent.	17421

(G) Nothing in this section or in section 2117.07 of the	17422
Revised Code shall be construed to reduce the time mentioned in	17423
section 2125.02, 2305.09, 2305.10, 2305.11, 2305.113, or 2305.12	17424
of the Revised Code, provided that no portion of any recovery on a	17425
claim brought pursuant to any of those sections shall come from	17426
the assets of an estate unless the claim has been presented	17427
against the estate in accordance with Chapter 2117. of the Revised	17428
Code.	17429

(H) Any person whose claim has been presented and has not	17430
been rejected after presentment is a creditor as that term is used	17431
in Chapters 2113. to 2125. of the Revised Code. Claims that are	17432
contingent need not be presented except as provided in sections	17433
2117.37 to 2117.42 of the Revised Code, but, whether presented	17434
pursuant to those sections or this section, contingent claims may	17435
be presented in any of the manners described in division (A) of	17436
this section.	17437

(I) If a creditor presents a claim against an estate in	17438
accordance with division (A)(2) of this section, the probate court	17439
shall not close the administration of the estate until that claim	17440
is allowed or rejected.	17441

(J) The probate court shall not require an executor or	17442
administrator to make and return into the court a schedule of	17443
claims against the estate.	17444

(K) If the executor or administrator makes a distribution of	17445
the assets of the estate prior to the expiration of the time for	17446
the filing of claims as set forth in this section, the executor or	17447
administrator shall provide notice on the account delivered to	17448
each distributee that the distributee may be liable to the estate	17449
up to the value of the distribution and may be required to return	17450
all or any part of the value of the distribution if a valid claim	17451
is subsequently made against the estate within the time permitted	17452
under this section.	17453

Sec. 2117.061. (A) As used in this section, "person	17454
responsible for the estate" means the executor, administrator,	17455
commissioner, or person who filed pursuant to section 2113.03 of	17456
the Revised Code for release from administration of an estate.	17457

(B) If the decedent was fifty-five years of age or older at	17458
the time of death, the person responsible for an estate shall	17459
determine whether the decedent was a recipient of medical	17460
assistance under Chapter 5111. of the Revised Code. If the	17461
decedent was a recipient, the person responsible for the estate	17462
shall give written notice to that effect to the administrator of	17463
the estate recovery program instituted under section 5111.11 of	17464
the Revised Code not later than thirty days after the occurrence	17465
of any of the following:	17466

(1) The granting of letters testamentary;

17467

(2) The administration of the estate;

17468

(3) The filing of an application for release from	17469
administration or summary release from administration.	17470

(C) The person responsible for an estate shall mark the	17471
appropriate box on the appropriate probate form to indicate	17472
compliance with the requirements of division (B) of this section.	17473

(D) The estate recovery program administrator shall present a	17474
claim for estate recovery to the person responsible for the estate	17475
or the person's legal representative not later than ninety days	17476
after the date on which notice is received under division (B) of	17477
this section or one year after the decedent's death, whichever is	17478
later.	17479

Sec. 2117.25. (A) Every executor or administrator shall	17480
proceed with diligence to pay the debts of the decedent and shall	17481
apply the assets in the following order:	17482

(1) Costs and expenses of administration;

17483

(2) An amount, not exceeding two thousand dollars, for	17484
funeral expenses that are included in the bill of a funeral	17485
director, funeral expenses other than those in the bill of a	17486
funeral director that are approved by the probate court, and an	17487
amount, not exceeding two thousand dollars, for burial and	17488
cemetery expenses, including that portion of the funeral	17489
director's bill allocated to cemetery expenses that have been paid	17490
to the cemetery by the funeral director.	17491

For purposes of this division, burial and cemetery expenses	17492
shall be limited to the following:	17493

(a) The purchase of a place of interment;

17494

(b) Monuments or other markers;

17495

17496

(d) The cost of opening and closing the place of interment;

17497

(e) The urn.

17498

(3) The allowance for support made to the surviving spouse,	17499
minor children, or both under section 2106.13 of the Revised Code;	17500

(4) Debts entitled to a preference under the laws of the	17501
United States;	17502

(5) Expenses of the last sickness of the decedent;

17503

(6) If the total bill of a funeral director for funeral	17504
expenses exceeds two thousand dollars, then, in addition to the	17505
amount described in division (A)(2) of this section, an amount,	17506
not exceeding one thousand dollars, for funeral expenses that are	17507
included in the bill and that exceed two thousand dollars;	17508

(7) Personal property taxes, claims made under the estate	17509
recovery program instituted pursuant to section 5111.11 of the	17510
Revised Code, and obligations for which the decedent was	17511
personally liable to the state or any of its subdivisions;	17512

(8) Debts for manual labor performed for the decedent within	17513
twelve months preceding the decedent's death, not exceeding three	17514
hundred dollars to any one person;	17515

(9) Other debts for which claims have been presented and	17516
finally allowed.	17517

(B) The part of the bill of a funeral director that exceeds	17518
the total of three thousand dollars as described in divisions	17519
(A)(2) and (6) of this section, and the part of a claim included	17520
in division (A)(8) of this section that exceeds three hundred	17521
dollars shall be included as a debt under division (A)(9) of this	17522
section, depending upon the time when the claim for the additional	17523
amount is presented.	17524

(C) Any natural person or fiduciary who pays a claim of any	17525
creditor described in division (A) of this section shall be	17526
subrogated to the rights of that creditor proportionate to the	17527
amount of the payment and shall be entitled to reimbursement for	17528
that amount in accordance with the priority of payments set forth	17529
in that division.	17530

(D)(1) Chapters 2113. to 2125. of the Revised Code, relating	17531
to the manner in which and the time within which claims shall be	17532
presented, shall apply to claims set forth in divisions (A)(2),	17533
(6), and (8) of this section. Claims for an expense of	17534
administration or for the allowance for support need not be	17535
presented. The executor or administrator shall pay debts included	17536
in divisions (A)(4) and (7) of this section, of which the executor	17537
or administrator has knowledge, regardless of presentation.	17538

(2) The giving of written notice to an executor or	17539
administrator of a motion or application to revive an action	17540
pending against the decedent at the date of death shall be	17541
equivalent to the presentation of a claim to the executor or	17542
administrator for the purpose of determining the order of payment	17543
of any judgment rendered or decree entered in such an action.	17544

(E) No payments shall be made to creditors of one class until	17545
all those of the preceding class are fully paid or provided for.	17546
If the assets are insufficient to pay all the claims of one class,	17547
the creditors of that class shall be paid ratably.	17548

(F) If it appears at any time that the assets have been	17549
exhausted in paying prior or preferred charges, allowances, or	17550
claims, those payments shall be a bar to an action on any claim	17551
not entitled to that priority or preference.	17552

Sec. 2133.01. Unless the context otherwise requires, as used	17553
in sections 2133.01 to 2133.15 of the Revised Code:	17554

(A) "Adult" means an individual who is eighteen years of age	17555
or older.	17556

(B) "Attending physician" means the physician to whom a	17557
declarant or other patient, or the family of a declarant or other	17558
patient, has assigned primary responsibility for the treatment or	17559
care of the declarant or other patient, or, if the responsibility	17560
has not been assigned, the physician who has accepted that	17561
responsibility.	17562

17563

(1) Nutrition when administered to diminish the pain or	17564
discomfort of a declarant or other patient, but not to postpone	17565
the declarant's or other patient's death;	17566

(2) Hydration when administered to diminish the pain or	17567
discomfort of a declarant or other patient, but not to postpone	17568
the declarant's or other patient's death;	17569

(3) Any other medical or nursing procedure, treatment,	17570
intervention, or other measure that is taken to diminish the pain	17571
or discomfort of a declarant or other patient, but not to postpone	17572
the declarant's or other patient's death.	17573

(D) "Consulting physician" means a physician who, in	17574
conjunction with the attending physician of a declarant or other	17575
patient, makes one or more determinations that are required to be	17576
made by the attending physician, or to be made by the attending	17577
physician and one other physician, by an applicable provision of	17578
this chapter, to a reasonable degree of medical certainty and in	17579
accordance with reasonable medical standards.	17580

(E) "Declarant" means any adult who has executed a	17581
declaration in accordance with section 2133.02 of the Revised	17582
Code.	17583

(F) "Declaration" means a written document executed in	17584
accordance with section 2133.02 of the Revised Code.	17585

(G) "Durable power of attorney for health care" means a	17586
document created pursuant to sections 1337.11 to 1337.17 of the	17587
Revised Code.	17588

(H) "Guardian" means a person appointed by a probate court	17589
pursuant to Chapter 2111. of the Revised Code to have the care and	17590
management of the person of an incompetent.	17591

(I) "Health care facility" means any of the following:

17592

(1) A hospital;

17593

(2) A hospice care program or other institution that	17594
specializes in comfort care of patients in a terminal condition or	17595
in a permanently unconscious state;	17596

(3) A nursing home or residential care facility, as defined	17597
in section 3721.01 of the Revised Code;	17598

(4) A home health agency and any residential facility where a	17599
person is receiving care under the direction of a home health	17600
agency;	17601

(5) An intermediate care facility for the mentally retarded.

17602

(J) "Health care personnel" means physicians, nurses,	17603
physician assistants, emergency medical technicians-basic,	17604
emergency medical technicians-intermediate, emergency medical	17605
technicians-paramedic, medical technicians, dietitians, other	17606
authorized persons acting under the direction of an attending	17607
physician, and administrators of health care facilities.	17608

(K) "Home health agency" has the same meaning as in section	17609
~~3701.88~~3701.881 of the Revised Code.	17610

(L) "Hospice care program" has the same meaning as in section	17611
3712.01 of the Revised Code.	17612

(M) "Hospital" has the same meanings as in sections 2108.01,	17613
3701.01, and 5122.01 of the Revised Code.	17614

(N) "Hydration" means fluids that are artificially or	17615
technologically administered.	17616

(O) "Incompetent" has the same meaning as in section 2111.01	17617
of the Revised Code.	17618

(P) "Intermediate care facility for the mentally retarded"	17619
has the same meaning as in section 5111.20 of the Revised Code.	17620

(Q) "Life-sustaining treatment" means any medical procedure,	17621
treatment, intervention, or other measure that, when administered	17622
to a qualified patient or other patient, will serve principally to	17623
prolong the process of dying.	17624

(R) "Nurse" means a person who is licensed to practice	17625
nursing as a registered nurse or to practice practical nursing as	17626
a licensed practical nurse pursuant to Chapter 4723. of the	17627
Revised Code.	17628

(S) "Nursing home" has the same meaning as in section 3721.01	17629
of the Revised Code.	17630

(T) "Nutrition" means sustenance that is artificially or	17631
technologically administered.	17632

(U) "Permanently unconscious state" means a state of	17633
permanent unconsciousness in a declarant or other patient that, to	17634
a reasonable degree of medical certainty as determined in	17635
accordance with reasonable medical standards by the declarant's or	17636
other patient's attending physician and one other physician who	17637
has examined the declarant or other patient, is characterized by	17638
both of the following:	17639

(1) Irreversible unawareness of one's being and environment.

17640

(2) Total loss of cerebral cortical functioning, resulting in	17641
the declarant or other patient having no capacity to experience	17642
pain or suffering.	17643

(V) "Person" has the same meaning as in section 1.59 of the	17644
Revised Code and additionally includes political subdivisions and	17645
governmental agencies, boards, commissions, departments,	17646
institutions, offices, and other instrumentalities.	17647

(W) "Physician" means a person who is authorized under	17648
Chapter 4731. of the Revised Code to practice medicine and surgery	17649
or osteopathic medicine and surgery.	17650

(X) "Political subdivision" and "state" have the same	17651
meanings as in section 2744.01 of the Revised Code.	17652

(Y) "Professional disciplinary action" means action taken by	17653
the board or other entity that regulates the professional conduct	17654
of health care personnel, including the state medical board and	17655
the board of nursing.	17656

(Z) "Qualified patient" means an adult who has executed a	17657
declaration and has been determined to be in a terminal condition	17658
or in a permanently unconscious state.	17659

(AA) "Terminal condition" means an irreversible, incurable,	17660
and untreatable condition caused by disease, illness, or injury	17661
from which, to a reasonable degree of medical certainty as	17662
determined in accordance with reasonable medical standards by a	17663
declarant's or other patient's attending physician and one other	17664
physician who has examined the declarant or other patient, both of	17665
the following apply:	17666

(1) There can be no recovery.

17667

(2) Death is likely to occur within a relatively short time	17668
if life-sustaining treatment is not administered.	17669

(BB) "Tort action" means a civil action for damages for	17670
injury, death, or loss to person or property, other than a civil	17671
action for damages for breach of a contract or another agreement	17672
between persons.	17673

Sec. 2151.352. AExcept as otherwise provided in this	17674
section, a child, or the child's parents,or custodian, or any	17675
other person in loco parentis of ~~such~~the child is entitled to	17676
representation by legal counsel at all stages of the proceedings	17677
under this chapter or Chapter 2152. of the Revised Code ~~and if~~.	17678
If, as an indigent person, ~~any such person~~a party is unable to	17679
employ counsel, the party is entitled to have counsel provided for	17680
the person pursuant to Chapter 120. of the Revised Code. If a	17681
party appears without counsel, the court shall ascertain whether	17682
the party knows of the party's right to counsel and of the party's	17683
right to be provided with counsel if the party is an indigent	17684
person. The court may continue the case to enable a party to	17685
obtain counsel or to be represented by the county public defender	17686
or the joint county public defender and shall provide counsel upon	17687
request pursuant to Chapter 120. of the Revised Code. Counsel must	17688
be provided for a child not represented by the child's parent,	17689
guardian, or custodian. If the interests of two or more ~~such~~	17690
parties conflict, separate counsel shall be provided for each of	17691
them.	17692

This section does not confer the right to court-appointed	17693
counsel in civil actions arising under division (A)(2), (D), or	17694
(F) of section 2151.23 or division (C) of section 3111.13 of the	17695
Revised Code.	17696

Section 2935.14 of the Revised Code applies to any child	17697
taken into custody. The parents, custodian, or guardian of ~~such~~a	17698
child taken into custody, and any attorney at law representing	17699
them or the child, shall be entitled to visit ~~such~~the child at	17700
any reasonable time, be present at any hearing involving the	17701
child, and be given reasonable notice of ~~such~~the hearing.	17702

Any report or part ~~thereof~~of a report concerning ~~such~~the	17703
child, which is used in the hearing and is pertinent ~~thereto~~to	17704
the hearing, shall for good cause shown be made available to any	17705
attorney at law representing ~~such~~the child and to any attorney at	17706
law representing the parents, custodian, or guardian of ~~such~~the	17707
child, upon written request prior to any hearing involving ~~such~~	17708
the child.	17709

Sec. 2151.3529. (A) The director of job and family services	17710
shall promulgate forms designed to gather pertinent medical	17711
information concerning a deserted child and the child's parents.	17712
The forms shall clearly and unambiguously state on each page that	17713
the information requested is to facilitate medical care for the	17714
child, that the forms may be fully or partially completed or left	17715
blank, that completing the forms or parts of the forms is	17716
completely voluntary, and that no adverse legal consequence will	17717
result from failure to complete any part of the forms.	17718

(B) The director shall promulgate written materials to be	17719
given to the parents of a child delivered pursuant to section	17720
2151.3516 of the Revised Code. The materials shall describe	17721
services available to assist parents and newborns and shall	17722
include information directly relevant to situations that might	17723
cause parents to desert a child and information on the procedures	17724
for a person to follow in order to reunite with a child the person	17725
delivered under section 2151.3516 of the Revised Code, including	17726
notice that the person will be required to submit to a DNA test,	17727
at that person's expense, to prove that the person is the parent	17728
of the child.	17729

(C) If the department of job and family services determines	17730
that money in the putative father registry fund created under	17731
section 2101.16 of the Revised Code is more than is needed for its	17732
duties related to the putative father registry, the department may	17733
use surplus moneys in the fund for costs related to the	17734
development and publication of forms and materials promulgated	17735
pursuant to divisions (A) and (B) of this section.	17736

Sec. 2151.3530. (A) The director of job and family services	17737
shall distribute the medical information forms and written	17738
materials promulgated under section 2151.3529 of the Revised Code	17739
to entities permitted to receive a deserted child, to public	17740
children services agencies, and to other public or private	17741
agencies that, in the discretion of the director, are best able to	17742
disseminate the forms and materials to the persons who are most in	17743
need of the forms and materials.	17744

(B) If the department of job and family services determines	17745
that money in the putative father registry fund created under	17746
section 2101.16 of the Revised Code is more than is needed to	17747
perform its duties related to the putative father registry, the	17748
department may use surplus moneys in the fund for costs related to	17749
the distribution of forms and materials pursuant to this section.	17750

Sec. 2151.83. (A) A public children services agency or	17751
private child placing agency, on the request of a young adult,	17752
shall enter into a jointly prepared written agreement with the	17753
young adult that obligates the agency to ensure that independent	17754
living services are provided to the young adult and sets forth the	17755
responsibilities of the young adult regarding the services. The	17756
agreement shall be developed based on the young adult's strengths,	17757
needs, and circumstances ~~and the availability of funds provided~~	17758
~~pursuant to section 2151.84 of the Revised Code~~. The agreement	17759
shall be designed to promote the young adult's successful	17760
transition to independent adult living and emotional and economic	17761
self-sufficiency.	17762

(B) If the young adult appears to be eligible for services	17763
from one or more of the following entities, the agency must	17764
contact the appropriate entity to determine eligibility:	17765

(1) An entity, other than the agency, that is represented on	17766
a county family and children first council established pursuant to	17767
section 121.37 of the Revised Code. If the entity is a board of	17768
alcohol, drug addiction, and mental health services, an alcohol	17769
and drug addiction services board, or a community mental health	17770
board, the agency shall contact the provider of alcohol, drug	17771
addiction, or mental health services that has been designated by	17772
the board to determine the young adult's eligibility for services.	17773

(2) The rehabilitation services commission;

17774

(3) A metropolitan housing authority established pursuant to	17775
section 3735.27 of the Revised Code.	17776

If an entity described in this division determines that the	17777
young adult qualifies for services from the entity, that entity,	17778
the young adult, and the agency to which the young adult made the	17779
request for independent living services shall enter into a written	17780
addendum to the jointly prepared agreement entered into under	17781
division (A) of this section. The addendum shall indicate how	17782
services under the agreement and addendum are to be coordinated	17783
and allocate the service responsibilities among the entities and	17784
agency that signed the addendum.	17785

Sec. 2151.84. The department of job and family services	17786
shall establish model agreements that may be used by public	17787
children services agencies and private child placing agencies	17788
required to provide services under an agreement with a young adult	17789
pursuant to section 2151.83 of the Revised Code. The model	17790
agreements shall include provisions describing the specific	17791
independent living services to be provided ~~to the extent funds are~~	17792
~~provided pursuant to this section~~, the duration of the services	17793
and the agreement, the duties and responsibilities of each party	17794
under the agreement, and grievance procedures regarding disputes	17795
that arise regarding the agreement or services provided under it.	17796

~~To facilitate the provision of independent living services,~~	17797
~~the department shall provide funds to meet the requirement of~~	17798
~~state matching funds needed to qualify for federal funds under the~~	17799
~~"Foster Care Independence Act of 1999," 113 Stat. 1822 (1999), 42~~	17800
~~U.S.C. 677, as amended. The department shall seek controlling~~	17801
~~board approval of any fund transfers necessary to meet this~~	17802
~~requirement.~~	17803

Sec. 2152.19. (A) If a child is adjudicated a delinquent	17804
child, the court may make any of the following orders of	17805
disposition, in addition to any other disposition authorized or	17806
required by this chapter:	17807

(1) Any order that is authorized by section 2151.353 of the	17808
Revised Code for the care and protection of an abused, neglected,	17809
or dependent child;	17810

(2) Commit the child to the temporary custody of any school,	17811
camp, institution, or other facility operated for the care of	17812
delinquent children by the county, by a district organized under	17813
section 2152.41 or 2151.65 of the Revised Code, or by a private	17814
agency or organization, within or without the state, that is	17815
authorized and qualified to provide the care, treatment, or	17816
placement required, including, but not limited to, a school, camp,	17817
or facility operated under section 2151.65 of the Revised Code;	17818

(3) Place the child in a detention facility or district	17819
detention facility operated under section 2152.41 of the Revised	17820
Code, for up to ninety days;	17821

(4) Place the child on community control under any sanctions,	17822
services, and conditions that the court prescribes. As a condition	17823
of community control in every case and in addition to any other	17824
condition that it imposes upon the child, the court shall require	17825
the child to abide by the law during the period of community	17826
control. As referred to in this division, community control	17827
includes, but is not limited to, the following sanctions and	17828
conditions:	17829

(a) A period of basic probation supervision in which the	17830
child is required to maintain contact with a person appointed to	17831
supervise the child in accordance with sanctions imposed by the	17832
court;	17833

(b) A period of intensive probation supervision in which the	17834
child is required to maintain frequent contact with a person	17835
appointed by the court to supervise the child while the child is	17836
seeking or maintaining employment and participating in training,	17837
education, and treatment programs as the order of disposition;	17838

(c) A period of day reporting in which the child is required	17839
each day to report to and leave a center or another approved	17840
reporting location at specified times in order to participate in	17841
work, education or training, treatment, and other approved	17842
programs at the center or outside the center;	17843

(d) A period of community service of up to five hundred hours	17844
for an act that would be a felony or a misdemeanor of the first	17845
degree if committed by an adult, up to two hundred hours for an	17846
act that would be a misdemeanor of the second, third, or fourth	17847
degree if committed by an adult, or up to thirty hours for an act	17848
that would be a minor misdemeanor if committed by an adult;	17849

(e) A requirement that the child obtain a high school	17850
diploma, a certificate of high school equivalence, vocational	17851
training, or employment;	17852

(f) A period of drug and alcohol use monitoring;

17853

(g) A requirement of alcohol or drug assessment or	17854
counseling, or a period in an alcohol or drug treatment program	17855
with a level of security for the child as determined necessary by	17856
the court;	17857

(h) A period in which the court orders the child to observe a	17858
curfew that may involve daytime or evening hours;	17859

(i) A requirement that the child serve monitored time;

17860

(j) A period of house arrest with or without electronic	17861
monitoring;	17862

(k) A period of electronic monitoring without house arrest or	17863
electronically monitored house arrest that does not exceed the	17864
maximum sentence of imprisonment that could be imposed upon an	17865
adult who commits the same act.	17866

A period of electronically monitored house arrest imposed	17867
under this division shall not extend beyond the child's	17868
twenty-first birthday. If a court imposes a period of	17869
electronically monitored house arrest upon a child under this	17870
division, it shall require the child: to wear, otherwise have	17871
attached to the child's person, or otherwise be subject to	17872
monitoring by a certified electronic monitoring device or to	17873
participate in the operation of and monitoring by a certified	17874
electronic monitoring system; to remain in the child's home or	17875
other specified premises for the entire period of electronically	17876
monitored house arrest except when the court permits the child to	17877
leave those premises to go to school or to other specified	17878
premises; to be monitored by a central system that can determine	17879
the child's location at designated times; to report periodically	17880
to a person designated by the court; and to enter into a written	17881
contract with the court agreeing to comply with all requirements	17882
imposed by the court, agreeing to pay any fee imposed by the court	17883
for the costs of the electronically monitored house arrest, and	17884
agreeing to waive the right to receive credit for any time served	17885
on electronically monitored house arrest toward the period of any	17886
other dispositional order imposed upon the child if the child	17887
violates any of the requirements of the dispositional order of	17888
electronically monitored house arrest. The court also may impose	17889
other reasonable requirements upon the child.	17890

Unless ordered by the court, a child shall not receive credit	17891
for any time served on electronically monitored house arrest	17892
toward any other dispositional order imposed upon the child for	17893
the act for which was imposed the dispositional order of	17894
electronically monitored house arrest.	17895

(l) A suspension of the driver's license, probationary	17896
driver's license, or temporary instruction permit issued to the	17897
child or a suspension of the registration of all motor vehicles	17898
registered in the name of the child. A child whose license or	17899
permit is so suspended is ineligible for issuance of a license or	17900
permit during the period of suspension. At the end of the period	17901
of suspension, the child shall not be reissued a license or permit	17902
until the child has paid any applicable reinstatement fee and	17903
complied with all requirements governing license reinstatement.	17904

(5) Commit the child to the custody of the court;

17905

(6) Require the child to not be absent without legitimate	17906
excuse from the public school the child is supposed to attend for	17907
five or more consecutive days, seven or more school days in one	17908
school month, or twelve or more school days in a school year;	17909

(7)(a) If a child is adjudicated a delinquent child for being	17910
a chronic truant or an habitual truant who previously has been	17911
adjudicated an unruly child for being a habitual truant, do either	17912
or both of the following:	17913

(i) Require the child to participate in a truancy prevention	17914
mediation program;	17915

(ii) Make any order of disposition as authorized by this	17916
section, except that the court shall not commit the child to a	17917
facility described in division (A)(2) or (3) of this section	17918
unless the court determines that the child violated a lawful court	17919
order made pursuant to division (C)(1)(e) of section 2151.354 of	17920
the Revised Code or division (A)(6) of this section.	17921

(b) If a child is adjudicated a delinquent child for being a	17922
chronic truant or a habitual truant who previously has been	17923
adjudicated an unruly child for being a habitual truant and the	17924
court determines that the parent, guardian, or other person having	17925
care of the child has failed to cause the child's attendance at	17926
school in violation of section 3321.38 of the Revised Code, do	17927
either or both of the following:	17928

(i) Require the parent, guardian, or other person having care	17929
of the child to participate in a truancy prevention mediation	17930
program;	17931

(ii) Require the parent, guardian, or other person having	17932
care of the child to participate in any community service program,	17933
preferably a community service program that requires the	17934
involvement of the parent, guardian, or other person having care	17935
of the child in the school attended by the child.	17936

(8) Make any further disposition that the court finds proper,	17937
except that the child shall not be placed in any of the following:	17938

(a) A state correctional institution, a county, multicounty,	17939
or municipal jail or workhouse, or another place in which an adult	17940
convicted of a crime, under arrest, or charged with a crime is	17941
held;	17942

(b) A community corrections facility, if the child would be	17943
covered by the definition of public safety beds for purposes of	17944
sections 5139.41 to ~~5139.45~~5139.43 of the Revised Code if the	17945
court exercised its authority to commit the child to the legal	17946
custody of the department of youth services for	17947
institutionalization or institutionalization in a secure facility	17948
pursuant to this chapter.	17949

(B) If a child is adjudicated a delinquent child, in addition	17950
to any order of disposition made under division (A) of this	17951
section, the court, in the following situations, shall suspend the	17952
child's temporary instruction permit, restricted license,	17953
probationary driver's license, or nonresident operating privilege,	17954
or suspend the child's ability to obtain such a permit:	17955

(1) The child is adjudicated a delinquent child for violating	17956
section 2923.122 of the Revised Code, with the suspension and	17957
denial being in accordance with division (E)(1)(a), (c), (d), or	17958
(e) of section 2923.122 of the Revised Code.	17959

(2) The child is adjudicated a delinquent child for	17960
committing an act that if committed by an adult would be a drug	17961
abuse offense or for violating division (B) of section 2917.11 of	17962
the Revised Code, with the suspension continuing until the child	17963
attends and satisfactorily completes a drug abuse or alcohol abuse	17964
education, intervention, or treatment program specified by the	17965
court. During the time the child is attending the program, the	17966
court shall retain any temporary instruction permit, probationary	17967
driver's license, or driver's license issued to the child, and the	17968
court shall return the permit or license when the child	17969
satisfactorily completes the program.	17970

(C) The court may establish a victim-offender mediation	17971
program in which victims and their offenders meet to discuss the	17972
offense and suggest possible restitution. If the court obtains the	17973
assent of the victim of the delinquent act committed by the child,	17974
the court may require the child to participate in the program.	17975

(D)(1) If a child is adjudicated a delinquent child for	17976
committing an act that would be a felony if committed by an adult	17977
and if the child caused, attempted to cause, threatened to cause,	17978
or created a risk of physical harm to the victim of the act, the	17979
court, prior to issuing an order of disposition under this	17980
section, shall order the preparation of a victim impact statement	17981
by the probation department of the county in which the victim of	17982
the act resides, by the court's own probation department, or by a	17983
victim assistance program that is operated by the state, a county,	17984
a municipal corporation, or another governmental entity. The court	17985
shall consider the victim impact statement in determining the	17986
order of disposition to issue for the child.	17987

(2) Each victim impact statement shall identify the victim of	17988
the act for which the child was adjudicated a delinquent child,	17989
itemize any economic loss suffered by the victim as a result of	17990
the act, identify any physical injury suffered by the victim as a	17991
result of the act and the seriousness and permanence of the	17992
injury, identify any change in the victim's personal welfare or	17993
familial relationships as a result of the act and any	17994
psychological impact experienced by the victim or the victim's	17995
family as a result of the act, and contain any other information	17996
related to the impact of the act upon the victim that the court	17997
requires.	17998

(3) A victim impact statement shall be kept confidential and	17999
is not a public record. However, the court may furnish copies of	18000
the statement to the department of youth services if the	18001
delinquent child is committed to the department or to both the	18002
adjudicated delinquent child or the adjudicated delinquent child's	18003
counsel and the prosecuting attorney. The copy of a victim impact	18004
statement furnished by the court to the department pursuant to	18005
this section shall be kept confidential and is not a public	18006
record. If an officer is preparing pursuant to section 2947.06 or	18007
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence	18008
investigation report pertaining to a person, the court shall make	18009
available to the officer, for use in preparing the report, a copy	18010
of any victim impact statement regarding that person. The copies	18011
of a victim impact statement that are made available to the	18012
adjudicated delinquent child or the adjudicated delinquent child's	18013
counsel and the prosecuting attorney pursuant to this division	18014
shall be returned to the court by the person to whom they were	18015
made available immediately following the imposition of an order of	18016
disposition for the child under this chapter.	18017

The copy of a victim impact statement that is made available	18018
pursuant to this division to an officer preparing a criminal	18019
presentence investigation report shall be returned to the court by	18020
the officer immediately following its use in preparing the report.	18021

(4) The department of youth services shall work with local	18022
probation departments and victim assistance programs to develop a	18023
standard victim impact statement.	18024

(E) If a child is adjudicated a delinquent child for being a	18025
chronic truant or an habitual truant who previously has been	18026
adjudicated an unruly child for being an habitual truant and the	18027
court determines that the parent, guardian, or other person having	18028
care of the child has failed to cause the child's attendance at	18029
school in violation of section 3321.38 of the Revised Code, in	18030
addition to any order of disposition it makes under this section,	18031
the court shall warn the parent, guardian, or other person having	18032
care of the child that any subsequent adjudication of the child as	18033
an unruly or delinquent child for being an habitual or chronic	18034
truant may result in a criminal charge against the parent,	18035
guardian, or other person having care of the child for a violation	18036
of division (C) of section 2919.21 or section 2919.24 of the	18037
Revised Code.	18038

(F)(1) During the period of a delinquent child's community	18039
control granted under this section, authorized probation officers	18040
who are engaged within the scope of their supervisory duties or	18041
responsibilities may search, with or without a warrant, the person	18042
of the delinquent child, the place of residence of the delinquent	18043
child, and a motor vehicle, another item of tangible or intangible	18044
personal property, or other real property in which the delinquent	18045
child has a right, title, or interest or for which the delinquent	18046
child has the express or implied permission of a person with a	18047
right, title, or interest to use, occupy, or possess if the	18048
probation officers have reasonable grounds to believe that the	18049
delinquent child is not abiding by the law or otherwise is not	18050
complying with the conditions of the delinquent child's community	18051
control. The court that places a delinquent child on community	18052
control under this section shall provide the delinquent child with	18053
a written notice that informs the delinquent child that authorized	18054
probation officers who are engaged within the scope of their	18055
supervisory duties or responsibilities may conduct those types of	18056
searches during the period of community control if they have	18057
reasonable grounds to believe that the delinquent child is not	18058
abiding by the law or otherwise is not complying with the	18059
conditions of the delinquent child's community control. The court	18060
also shall provide the written notice described in division (E)(2)	18061
of this section to each parent, guardian, or custodian of the	18062
delinquent child who is described in that division.	18063

(2) The court that places a child on community control under	18064
this section shall provide the child's parent, guardian, or other	18065
custodian with a written notice that informs them that authorized	18066
probation officers may conduct searches pursuant to division	18067
(E)(1) of this section. The notice shall specifically state that a	18068
permissible search might extend to a motor vehicle, another item	18069
of tangible or intangible personal property, or a place of	18070
residence or other real property in which a notified parent,	18071
guardian, or custodian has a right, title, or interest and that	18072
the parent, guardian, or custodian expressly or impliedly permits	18073
the child to use, occupy, or possess.	18074

(G) If a juvenile court commits a delinquent child to the	18075
custody of any person, organization, or entity pursuant to this	18076
section and if the delinquent act for which the child is so	18077
committed is a sexually oriented offense, the court in the order	18078
of disposition shall do one of the following:	18079

(1) Require that the child be provided treatment as described	18080
in division (A)(2) of section 5139.13 of the Revised Code;	18081

(2) Inform the person, organization, or entity that it is the	18082
preferred course of action in this state that the child be	18083
provided treatment as described in division (A)(2) of section	18084
5139.13 of the Revised Code and encourage the person,	18085
organization, or entity to provide that treatment.	18086

Sec. 2301.02. The number of judges of the court of common	18087
pleas for each county, the time for the next election of the	18088
judges in the several counties, and the beginning of their terms	18089
shall be as follows:	18090

(A) In Adams, Ashland, Fayette, and Pike counties, one judge,	18091
elected in 1956, term to begin February 9, 1957;	18092

In Brown, Crawford, Defiance, Highland, Holmes, Morgan,	18093
Ottawa, and Union counties, one judge, to be elected in 1954, term	18094
to begin February 9, 1955;	18095

In Auglaize county, one judge, to be elected in 1956, term to	18096
begin January 9, 1957;	18097

In Coshocton, Darke, Fulton, Gallia, Guernsey, Hardin,	18098
Jackson, Knox, Logan, Madison, Mercer, Monroe, Morrow, Paulding,	18099
Vinton, and Wyandot counties, one judge, to be elected in 1956,	18100
term to begin January 1, 1957;	18101

In Carroll, Champaign, Clinton, Hocking, Meigs, Pickaway,	18102
Preble, Shelby, Van Wert, and Williams counties, one judge, to be	18103
elected in 1952, term to begin January 1, 1953;	18104

In Harrison and Noble counties, one judge, to be elected in	18105
1954, term to begin April 18, 1955;	18106

In Henry and Putnam counties, one judge, to be elected in	18107
1956, term to begin May 9, 1957;	18108

In Huron county, one judge, to be elected in 1952, term to	18109
begin May 14, 1953;	18110

In Perry county, one judge, to be elected in 1954, term to	18111
begin July 6, 1956;	18112

In Sandusky county, two judges, one to be elected in 1954,	18113
term to begin February 10, 1955, and one to be elected in 1978,	18114
term to begin January 1, 1979;	18115

(B) In Allen county, three judges, one to be elected in 1956,	18116
term to begin February 9, 1957, the second to be elected in 1958,	18117
term to begin January 1, 1959, and the third to be elected in	18118
1992, term to begin January 1, 1993;	18119

In Ashtabula county, three judges, one to be elected in 1954,	18120
term to begin February 9, 1955, one to be elected in 1960, term to	18121
begin January 1, 1961, and one to be elected in 1978, term to	18122
begin January 2, 1979;	18123

In Athens county, two judges, one to be elected in 1954, term	18124
to begin February 9, 1955, and one to be elected in 1990, term to	18125
begin July 1, 1991;	18126

In Erie county, two judges, one to be elected in 1956, term	18127
to begin January 1, 1957, and the second to be elected in 1970,	18128
term to begin January 2, 1971;	18129

In Fairfield county, three judges, one to be elected in 1954,	18130
term to begin February 9, 1955, the second to be elected in 1970,	18131
term to begin January 1, 1971, and the third to be elected in	18132
1994, term to begin January 2, 1995;	18133

In Geauga county, two judges, one to be elected in 1956, term	18134
to begin January 1, 1957, and the second to be elected in 1976,	18135
term to begin January 6, 1977;	18136

In Greene county, four judges, one to be elected in 1956,	18137
term to begin February 9, 1957, the second to be elected in 1960,	18138
term to begin January 1, 1961, the third to be elected in 1978,	18139
term to begin January 2, 1979, and the fourth to be elected in	18140
1994, term to begin January 1, 1995;	18141

In Hancock county, two judges, one to be elected in 1952,	18142
term to begin January 1, 1953, and the second to be elected in	18143
1978, term to begin January 1, 1979;	18144

In Lawrence county, two judges, one to be elected in 1954,	18145
term to begin February 9, 1955, and the second to be elected in	18146
1976, term to begin January 1, 1977;	18147

In Marion county, three judges, one to be elected in 1952,	18148
term to begin January 1, 1953, the second to be elected in 1976,	18149
term to begin January 2, 1977, and the third to be elected in	18150
1998, term to begin February 9, 1999;	18151

In Medina county, three judges, one to be elected in 1956,	18152
term to begin January 1, 1957, the second to be elected in 1966,	18153
term to begin January 1, 1967, and the third to be elected in	18154
1994, term to begin January 1, 1995;	18155

In Miami county, two judges, one to be elected in 1954, term	18156
to begin February 9, 1955, and one to be elected in 1970, term to	18157
begin on January 1, 1971;	18158

In Muskingum county, three judges, one to be elected in 1968,	18159
term to begin August 9, 1969, one to be elected in 1978, term to	18160
begin January 1, 1979, and one to be elected in 2002, term to	18161
begin January 2, 2003;	18162

In Portage county, three judges, one to be elected in 1956,	18163
term to begin January 1, 1957, the second to be elected in 1960,	18164
term to begin January 1, 1961, and the third to be elected in	18165
1986, term to begin January 2, 1987;	18166

In Ross county, two judges, one to be elected in 1956, term	18167
to begin February 9, 1957, and the second to be elected in 1976,	18168
term to begin January 1, 1977;	18169

In Scioto county, three judges, one to be elected in 1954,	18170
term to begin February 10, 1955, the second to be elected in 1960,	18171
term to begin January 1, 1961, and the third to be elected in	18172
1994, term to begin January 2, 1995;	18173

In Seneca county, two judges, one to be elected in 1956, term	18174
to begin January 1, 1957, and the second to be elected in 1986,	18175
term to begin January 2, 1987;	18176

In Warren county, three judges, one to be elected in 1954,	18177
term to begin February 9, 1955, the second to be elected in 1970,	18178
term to begin January 1, 1971, and the third to be elected in	18179
1986, term to begin January 1, 1987;	18180

In Washington county, two judges, one to be elected in 1952,	18181
term to begin January 1, 1953, and one to be elected in 1986, term	18182
to begin January 1, 1987;	18183

In Wood county, three judges, one to be elected in 1968, term	18184
beginning January 1, 1969, the second to be elected in 1970, term	18185
to begin January 2, 1971, and the third to be elected in 1990,	18186
term to begin January 1, 1991;	18187

In Belmont and Jefferson counties, two judges, to be elected	18188
in 1954, terms to begin January 1, 1955, and February 9, 1955,	18189
respectively;	18190

In Clark county, four judges, one to be elected in 1952, term	18191
to begin January 1, 1953, the second to be elected in 1956, term	18192
to begin January 2, 1957, the third to be elected in 1986, term to	18193
begin January 3, 1987, and the fourth to be elected in 1994, term	18194
to begin January 2, 1995.	18195

In Clermont county, four judges, one to be elected in 1956,	18196
term to begin January 1, 1957, the second to be elected in 1964,	18197
term to begin January 1, 1965, the third to be elected in 1982,	18198
term to begin January 2, 1983, and the fourth to be elected in	18199
1986, term to begin January 2, 1987;	18200

In Columbiana county, two judges, one to be elected in 1952,	18201
term to begin January 1, 1953, and the second to be elected in	18202
1956, term to begin January 1, 1957;	18203

In Delaware county, two judges, one to be elected in 1990,	18204
term to begin February 9, 1991, the second to be elected in 1994,	18205
term to begin January 1, 1995;	18206

In Lake county, six judges, one to be elected in 1958, term	18207
to begin January 1, 1959, the second to be elected in 1960, term	18208
to begin January 2, 1961, the third to be elected in 1964, term to	18209
begin January 3, 1965, the fourth and fifth to be elected in 1978,	18210
terms to begin January 4, 1979, and January 5, 1979, respectively,	18211
and the sixth to be elected in 2000, term to begin January 6,	18212
2001;	18213

In Licking county, three judges, one to be elected in 1954,	18214
term to begin February 9, 1955, one to be elected in 1964, term to	18215
begin January 1, 1965, and one to be elected in 1990, term to	18216
begin January 1, 1991;	18217

In Lorain county, eight judges, two to be elected in 1952,	18218
terms to begin January 1, 1953, and January 2, 1953, respectively,	18219
one to be elected in 1958, term to begin January 3, 1959, one to	18220
be elected in 1968, term to begin January 1, 1969, two to be	18221
elected in 1988, terms to begin January 4, 1989, and January 5,	18222
1989, respectively, and two to be elected in 1998, terms to begin	18223
January 2, 1999, and January 3, 1999, respectively;	18224

In Butler county, ten judges, one to be elected in 1956, term	18225
to begin January 1, 1957; two to be elected in 1954, terms to	18226
begin January 1, 1955, and February 9, 1955, respectively; one to	18227
be elected in 1968, term to begin January 2, 1969; one to be	18228
elected in 1986, term to begin January 3, 1987; two to be elected	18229
in 1988, terms to begin January 1, 1989, and January 2, 1989,	18230
respectively; one to be elected in 1992, term to begin January 4,	18231
1993; and two to be elected in 2002, terms to begin January 2,	18232
2003, and January 3, 2003, respectively;	18233

In Richland county, ~~three~~four judges, one to be elected in	18234
1956, term to begin January 1, 1957, the second to be elected in	18235
1960, term to begin February 9, 1961, ~~and~~ the third to be elected	18236
in 1968, term to begin January 2, 1969, and the fourth to be	18237
elected in 2004, term to begin January 3, 2005;	18238

In Tuscarawas county, two judges, one to be elected in 1956,	18239
term to begin January 1, 1957, and the second to be elected in	18240
1960, term to begin January 2, 1961;	18241

In Wayne county, two judges, one to be elected in 1956, term	18242
beginning January 1, 1957, and one to be elected in 1968, term to	18243
begin January 2, 1969;	18244

In Trumbull county, six judges, one to be elected in 1952,	18245
term to begin January 1, 1953, the second to be elected in 1954,	18246
term to begin January 1, 1955, the third to be elected in 1956,	18247
term to begin January 1, 1957, the fourth to be elected in 1964,	18248
term to begin January 1, 1965, the fifth to be elected in 1976,	18249
term to begin January 2, 1977, and the sixth to be elected in	18250
1994, term to begin January 3, 1995;	18251

(C) In Cuyahoga county, thirty-nine judges; eight to be	18252
elected in 1954, terms to begin on successive days beginning from	18253
January 1, 1955, to January 7, 1955, and February 9, 1955,	18254
respectively; eight to be elected in 1956, terms to begin on	18255
successive days beginning from January 1, 1957, to January 8,	18256
1957; three to be elected in 1952, terms to begin from January 1,	18257
1953, to January 3, 1953; two to be elected in 1960, terms to	18258
begin on January 8, 1961, and January 9, 1961, respectively; two	18259
to be elected in 1964, terms to begin January 4, 1965, and January	18260
5, 1965, respectively; one to be elected in 1966, term to begin on	18261
January 10, 1967; four to be elected in 1968, terms to begin on	18262
successive days beginning from January 9, 1969, to January 12,	18263
1969; two to be elected in 1974, terms to begin on January 18,	18264
1975, and January 19, 1975, respectively; five to be elected in	18265
1976, terms to begin on successive days beginning January 6, 1977,	18266
to January 10, 1977; two to be elected in 1982, terms to begin	18267
January 11, 1983, and January 12, 1983, respectively; and two to	18268
be elected in 1986, terms to begin January 13, 1987, and January	18269
14, 1987, respectively;	18270

In Franklin county, twenty-one judges; two to be elected in	18271
1954, terms to begin January 1, 1955, and February 9, 1955,	18272
respectively; four to be elected in 1956, terms to begin January	18273
1, 1957, to January 4, 1957; four to be elected in 1958, terms to	18274
begin January 1, 1959, to January 4, 1959; three to be elected in	18275
1968, terms to begin January 5, 1969, to January 7, 1969; three to	18276
be elected in 1976, terms to begin on successive days beginning	18277
January 5, 1977, to January 7, 1977; one to be elected in 1982,	18278
term to begin January 8, 1983; one to be elected in 1986, term to	18279
begin January 9, 1987; two to be elected in 1990, terms to begin	18280
July 1, 1991, and July 2, 1991, respectively; and one to be	18281
elected in 1996, term to begin January 2, 1997;	18282

In Hamilton county, twenty-one judges; eight to be elected in	18283
1966, terms to begin January 1, 1967, January 2, 1967, and from	18284
February 9, 1967, to February 14, 1967, respectively; five to be	18285
elected in 1956, terms to begin from January 1, 1957, to January	18286
5, 1957; one to be elected in 1964, term to begin January 1, 1965;	18287
one to be elected in 1974, term to begin January 15, 1975; one to	18288
be elected in 1980, term to begin January 16, 1981; two to be	18289
elected at large in the general election in 1982, terms to begin	18290
April 1, 1983; one to be elected in 1990, term to begin July 1,	18291
1991; and two to be elected in 1996, terms to begin January 3,	18292
1997, and January 4, 1997, respectively;	18293

In Lucas county, fourteen judges; two to be elected in 1954,	18294
terms to begin January 1, 1955, and February 9, 1955,	18295
respectively; two to be elected in 1956, terms to begin January 1,	18296
1957, and October 29, 1957, respectively; two to be elected in	18297
1952, terms to begin January 1, 1953, and January 2, 1953,	18298
respectively; one to be elected in 1964, term to begin January 3,	18299
1965; one to be elected in 1968, term to begin January 4, 1969;	18300
two to be elected in 1976, terms to begin January 4, 1977, and	18301
January 5, 1977, respectively; one to be elected in 1982, term to	18302
begin January 6, 1983; one to be elected in 1988, term to begin	18303
January 7, 1989; one to be elected in 1990, term to begin January	18304
2, 1991; and one to be elected in 1992, term to begin January 2,	18305
1993;	18306

In Mahoning county, seven judges; three to be elected in	18307
1954, terms to begin January 1, 1955, January 2, 1955, and	18308
February 9, 1955, respectively; one to be elected in 1956, term to	18309
begin January 1, 1957; one to be elected in 1952, term to begin	18310
January 1, 1953; one to be elected in 1968, term to begin January	18311
2, 1969; and one to be elected in 1990, term to begin July 1,	18312
1991;	18313

In Montgomery county, fifteen judges; three to be elected in	18314
1954, terms to begin January 1, 1955, January 2, 1955, and January	18315
3, 1955, respectively; four to be elected in 1952, terms to begin	18316
January 1, 1953, January 2, 1953, July 1, 1953, July 2, 1953,	18317
respectively; one to be elected in 1964, term to begin January 3,	18318
1965; one to be elected in 1968, term to begin January 3, 1969;	18319
three to be elected in 1976, terms to begin on successive days	18320
beginning January 4, 1977, to January 6, 1977; two to be elected	18321
in 1990, terms to begin July 1, 1991, and July 2, 1991,	18322
respectively; and one to be elected in 1992, term to begin January	18323
1, 1993.	18324

In Stark county, eight judges; one to be elected in 1958,	18325
term to begin on January 2, 1959; two to be elected in 1954, terms	18326
to begin on January 1, 1955, and February 9, 1955, respectively;	18327
two to be elected in 1952, terms to begin January 1, 1953, and	18328
April 16, 1953, respectively; one to be elected in 1966, term to	18329
begin on January 4, 1967; and two to be elected in 1992, terms to	18330
begin January 1, 1993, and January 2, 1993, respectively;	18331

In Summit county, eleven judges; four to be elected in 1954,	18332
terms to begin January 1, 1955, January 2, 1955, January 3, 1955,	18333
and February 9, 1955, respectively; three to be elected in 1958,	18334
terms to begin January 1, 1959, January 2, 1959, and May 17, 1959,	18335
respectively; one to be elected in 1966, term to begin January 4,	18336
1967; one to be elected in 1968, term to begin January 5, 1969;	18337
one to be elected in 1990, term to begin May 1, 1991; and one to	18338
be elected in 1992, term to begin January 6, 1993.	18339

Notwithstanding the foregoing provisions, in any county	18340
having two or more judges of the court of common pleas, in which	18341
more than one-third of the judges plus one were previously elected	18342
at the same election, if the office of one of those judges so	18343
elected becomes vacant more than forty days prior to the second	18344
general election preceding the expiration of that judge's term,	18345
the office that that judge had filled shall be abolished as of the	18346
date of the next general election, and a new office of judge of	18347
the court of common pleas shall be created. The judge who is to	18348
fill that new office shall be elected for a six-year term at the	18349
next general election, and the term of that judge shall commence	18350
on the first day of the year following that general election, on	18351
which day no other judge's term begins, so that the number of	18352
judges that the county shall elect shall not be reduced.	18353

Judges of the probate division of the court of common pleas	18354
are judges of the court of common pleas but shall be elected	18355
pursuant to sections 2101.02 and 2101.021 of the Revised Code,	18356
except in Adams, Harrison, Henry, Morgan, Morrow, Noble, and	18357
Wyandot counties in which the judge of the court of common pleas	18358
elected pursuant to this section also shall serve as judge of the	18359
probate division.	18360

Sec. 2301.03. (A) In Franklin county, the judges of the	18361
court of common pleas whose terms begin on January 1, 1953,	18362
January 2, 1953, January 5, 1969, January 5, 1977, and January 2,	18363
1997, and successors, shall have the same qualifications, exercise	18364
the same powers and jurisdiction, and receive the same	18365
compensation as other judges of the court of common pleas of	18366
Franklin county and shall be elected and designated as judges of	18367
the court of common pleas, division of domestic relations. They	18368
shall have all the powers relating to juvenile courts, and all	18369
cases under Chapters 2151. and 2152. of the Revised Code, all	18370
parentage proceedings under Chapter 3111. of the Revised Code over	18371
which the juvenile court has jurisdiction, and all divorce,	18372
dissolution of marriage, legal separation, and annulment cases	18373
shall be assigned to them. In addition to the judge's regular	18374
duties, the judge who is senior in point of service shall serve on	18375
the children services board and the county advisory board and	18376
shall be the administrator of the domestic relations division and	18377
its subdivisions and departments.	18378

(B) In Hamilton county:

18379

(1) The judge of the court of common pleas, whose term begins	18380
on January 1, 1957, and successors, and the judge of the court of	18381
common pleas, whose term begins on February 14, 1967, and	18382
successors, shall be the juvenile judges as provided in Chapters	18383
2151. and 2152. of the Revised Code, with the powers and	18384
jurisdiction conferred by those chapters.	18385

(2) The judges of the court of common pleas whose terms begin	18386
on January 5, 1957, January 16, 1981, and July 1, 1991, and	18387
successors, shall be elected and designated as judges of the court	18388
of common pleas, division of domestic relations, and shall have	18389
assigned to them all divorce, dissolution of marriage, legal	18390
separation, and annulment cases coming before the court. On or	18391
after the first day of July and before the first day of August of	18392
1991 and each year thereafter, a majority of the judges of the	18393
division of domestic relations shall elect one of the judges of	18394
the division as administrative judge of that division. If a	18395
majority of the judges of the division of domestic relations are	18396
unable for any reason to elect an administrative judge for the	18397
division before the first day of August, a majority of the judges	18398
of the Hamilton county court of common pleas, as soon as possible	18399
after that date, shall elect one of the judges of the division of	18400
domestic relations as administrative judge of that division. The	18401
term of the administrative judge shall begin on the earlier of the	18402
first day of August of the year in which the administrative judge	18403
is elected or the date on which the administrative judge is	18404
elected by a majority of the judges of the Hamilton county court	18405
of common pleas and shall terminate on the date on which the	18406
administrative judge's successor is elected in the following year.	18407

In addition to the judge's regular duties, the administrative	18408
judge of the division of domestic relations shall be the	18409
administrator of the domestic relations division and its	18410
subdivisions and departments and shall have charge of the	18411
employment, assignment, and supervision of the personnel of the	18412
division engaged in handling, servicing, or investigating divorce,	18413
dissolution of marriage, legal separation, and annulment cases,	18414
including any referees considered necessary by the judges in the	18415
discharge of their various duties.	18416

The administrative judge of the division of domestic	18417
relations also shall designate the title, compensation, expense	18418
allowances, hours, leaves of absence, and vacations of the	18419
personnel of the division, and shall fix the duties of its	18420
personnel. The duties of the personnel, in addition to those	18421
provided for in other sections of the Revised Code, shall include	18422
the handling, servicing, and investigation of divorce, dissolution	18423
of marriage, legal separation, and annulment cases and counseling	18424
and conciliation services that may be made available to persons	18425
requesting them, whether or not the persons are parties to an	18426
action pending in the division.	18427

The board of county commissioners shall appropriate the sum	18428
of money each year as will meet all the administrative expenses of	18429
the division of domestic relations, including reasonable expenses	18430
of the domestic relations judges and the division counselors and	18431
other employees designated to conduct the handling, servicing, and	18432
investigation of divorce, dissolution of marriage, legal	18433
separation, and annulment cases, conciliation and counseling, and	18434
all matters relating to those cases and counseling, and the	18435
expenses involved in the attendance of division personnel at	18436
domestic relations and welfare conferences designated by the	18437
division, and the further sum each year as will provide for the	18438
adequate operation of the division of domestic relations.	18439

The compensation and expenses of all employees and the salary	18440
and expenses of the judges shall be paid by the county treasurer	18441
from the money appropriated for the operation of the division,	18442
upon the warrant of the county auditor, certified to by the	18443
administrative judge of the division of domestic relations.	18444

The summonses, warrants, citations, subpoenas, and other	18445
writs of the division may issue to a bailiff, constable, or staff	18446
investigator of the division or to the sheriff of any county or	18447
any marshal, constable, or police officer, and the provisions of	18448
law relating to the subpoenaing of witnesses in other cases shall	18449
apply insofar as they are applicable. When a summons, warrant,	18450
citation, subpoena, or other writ is issued to an officer, other	18451
than a bailiff, constable, or staff investigator of the division,	18452
the expense of serving it shall be assessed as a part of the costs	18453
in the case involved.	18454

(3) The judge of the court of common pleas of Hamilton county	18455
whose term begins on January 3, 1997, and the successor to that	18456
judge whose term begins on January 3, 2003, shall each be elected	18457
and designated for one term only as the drug court judge of the	18458
court of common pleas of Hamilton county. The successors to the	18459
judge whose term begins on January 3, 2003, shall be elected and	18460
designated as judges of the general division of the court of	18461
common pleas of Hamilton county and shall not have the authority	18462
granted by division (B)(3) of this section. The drug court judge	18463
may accept or reject any case referred to the drug court judge	18464
under division (B)(3) of this section. After the drug court judge	18465
accepts a referred case, the drug court judge has full authority	18466
over the case, including the authority to conduct arraignment,	18467
accept pleas, enter findings and dispositions, conduct trials,	18468
order treatment, and if treatment is not successfully completed	18469
pronounce and enter sentence.	18470

A judge of the general division of the court of common pleas	18471
of Hamilton county and a judge of the Hamilton county municipal	18472
court may refer to the drug court judge any case, and any	18473
companion cases, the judge determines meet the criteria described	18474
under divisions (B)(3)(a) and (b) of this section. If the drug	18475
court judge accepts referral of a referred case, the case, and any	18476
companion cases, shall be transferred to the drug court judge. A	18477
judge may refer a case meeting the criteria described in divisions	18478
(B)(3)(a) and (b) of this section that involves a violation of a	18479
term of probation to the drug court judge, and, if the drug court	18480
judge accepts the referral, the referring judge and the drug court	18481
judge have concurrent jurisdiction over the case.	18482

A judge of the general division of the court of common pleas	18483
of Hamilton county and a judge of the Hamilton county municipal	18484
court may refer a case to the drug court judge under division	18485
(B)(3) of this section if the judge determines that both of the	18486
following apply:	18487

(a) One of the following applies:

18488

(i) The case involves a drug abuse offense, as defined in	18489
section 2925.01 of the Revised Code, that is a felony of the third	18490
or fourth degree if the offense is committed prior to July 1,	18491
1996, a felony of the third, fourth, or fifth degree if the	18492
offense is committed on or after July 1, 1996, or a misdemeanor.	18493

(ii) The case involves a theft offense, as defined in section	18494
2913.01 of the Revised Code, that is a felony of the third or	18495
fourth degree if the offense is committed prior to July 1, 1996, a	18496
felony of the third, fourth, or fifth degree if the offense is	18497
committed on or after July 1, 1996, or a misdemeanor, and the	18498
defendant is drug or alcohol dependent or in danger of becoming	18499
drug or alcohol dependent and would benefit from treatment.	18500

(b) All of the following apply:

18501

(i) The case involves a probationable offense or a case in	18502
which a mandatory prison term is not required to be imposed.	18503

(ii) The defendant has no history of violent behavior.

18504

(iii) The defendant has no history of mental illness.

18505

(iv) The defendant's current or past behavior, or both, is	18506
drug or alcohol driven.	18507

(v) The defendant demonstrates a sincere willingness to	18508
participate in a fifteen-month treatment process.	18509

(vi) The defendant has no acute health condition.

18510

(vii) If the defendant is incarcerated, the county prosecutor	18511
approves of the referral.	18512

(4) If the administrative judge of the court of common pleas	18513
of Hamilton county determines that the volume of cases pending	18514
before the drug court judge does not constitute a sufficient	18515
caseload for the drug court judge, the administrative judge, in	18516
accordance with the Rules of Superintendence for Courts of Common	18517
Pleas, shall assign individual cases to the drug court judge from	18518
the general docket of the court. If the assignments so occur, the	18519
administrative judge shall cease the assignments when the	18520
administrative judge determines that the volume of cases pending	18521
before the drug court judge constitutes a sufficient caseload for	18522
the drug court judge.	18523

(C) In Lorain county, the judges of the court of common pleas	18524
whose terms begin on January 3, 1959, January 4, 1989, and January	18525
2, 1999, and successors, shall have the same qualifications,	18526
exercise the same powers and jurisdiction, and receive the same	18527
compensation as the other judges of the court of common pleas of	18528
Lorain county and shall be elected and designated as the judges of	18529
the court of common pleas, division of domestic relations. They	18530
shall have all of the powers relating to juvenile courts, and all	18531
cases under Chapters 2151. and 2152. of the Revised Code, all	18532
parentage proceedings over which the juvenile court has	18533
jurisdiction, and all divorce, dissolution of marriage, legal	18534
separation, and annulment cases shall be assigned to them, except	18535
cases that for some special reason are assigned to some other	18536
judge of the court of common pleas.	18537

(D) In Lucas county:

18538

(1) The judges of the court of common pleas whose terms begin	18539
on January 1, 1955, and January 3, 1965, and successors, shall	18540
have the same qualifications, exercise the same powers and	18541
jurisdiction, and receive the same compensation as other judges of	18542
the court of common pleas of Lucas county and shall be elected and	18543
designated as judges of the court of common pleas, division of	18544
domestic relations. All divorce, dissolution of marriage, legal	18545
separation, and annulment cases shall be assigned to them.	18546

The judge of the division of domestic relations, senior in	18547
point of service, shall be considered as the presiding judge of	18548
the court of common pleas, division of domestic relations, and	18549
shall be charged exclusively with the assignment and division of	18550
the work of the division and the employment and supervision of all	18551
other personnel of the domestic relations division.	18552

(2) The judges of the court of common pleas whose terms begin	18553
on January 5, 1977, and January 2, 1991, and successors shall have	18554
the same qualifications, exercise the same powers and	18555
jurisdiction, and receive the same compensation as other judges of	18556
the court of common pleas of Lucas county, shall be elected and	18557
designated as judges of the court of common pleas, juvenile	18558
division, and shall be the juvenile judges as provided in Chapters	18559
2151. and 2152. of the Revised Code with the powers and	18560
jurisdictions conferred by those chapters. In addition to the	18561
judge's regular duties, the judge of the court of common pleas,	18562
juvenile division, senior in point of service, shall be the	18563
administrator of the juvenile division and its subdivisions and	18564
departments and shall have charge of the employment, assignment,	18565
and supervision of the personnel of the division engaged in	18566
handling, servicing, or investigating juvenile cases, including	18567
any referees considered necessary by the judges of the division in	18568
the discharge of their various duties.	18569

The judge of the court of common pleas, juvenile division,	18570
senior in point of service, also shall designate the title,	18571
compensation, expense allowance, hours, leaves of absence, and	18572
vacation of the personnel of the division and shall fix the duties	18573
of the personnel of the division. The duties of the personnel, in	18574
addition to other statutory duties include the handling,	18575
servicing, and investigation of juvenile cases and counseling and	18576
conciliation services that may be made available to persons	18577
requesting them, whether or not the persons are parties to an	18578
action pending in the division.	18579

(3) If one of the judges of the court of common pleas,	18580
division of domestic relations, or one of the judges of the	18581
juvenile division is sick, absent, or unable to perform that	18582
judge's judicial duties or the volume of cases pending in that	18583
judge's division necessitates it, the duties shall be performed by	18584
the judges of the other of those divisions.	18585

(E) In Mahoning county:

18586

(1) The judge of the court of common pleas whose term began	18587
on January 1, 1955, and successors, shall have the same	18588
qualifications, exercise the same powers and jurisdiction, and	18589
receive the same compensation as other judges of the court of	18590
common pleas of Mahoning county, shall be elected and designated	18591
as judge of the court of common pleas, division of domestic	18592
relations, and shall be assigned all the divorce, dissolution of	18593
marriage, legal separation, and annulment cases coming before the	18594
court. In addition to the judge's regular duties, the judge of the	18595
court of common pleas, division of domestic relations, shall be	18596
the administrator of the domestic relations division and its	18597
subdivisions and departments and shall have charge of the	18598
employment, assignment, and supervision of the personnel of the	18599
division engaged in handling, servicing, or investigating divorce,	18600
dissolution of marriage, legal separation, and annulment cases,	18601
including any referees considered necessary in the discharge of	18602
the various duties of the judge's office.	18603

The judge also shall designate the title, compensation,	18604
expense allowances, hours, leaves of absence, and vacations of the	18605
personnel of the division and shall fix the duties of the	18606
personnel of the division. The duties of the personnel, in	18607
addition to other statutory duties, include the handling,	18608
servicing, and investigation of divorce, dissolution of marriage,	18609
legal separation, and annulment cases and counseling and	18610
conciliation services that may be made available to persons	18611
requesting them, whether or not the persons are parties to an	18612
action pending in the division.	18613

(2) The judge of the court of common pleas whose term began	18614
on January 2, 1969, and successors, shall have the same	18615
qualifications, exercise the same powers and jurisdiction, and	18616
receive the same compensation as other judges of the court of	18617
common pleas of Mahoning county, shall be elected and designated	18618
as judge of the court of common pleas, juvenile division, and	18619
shall be the juvenile judge as provided in Chapters 2151. and	18620
2152. of the Revised Code, with the powers and jurisdictions	18621
conferred by those chapters. In addition to the judge's regular	18622
duties, the judge of the court of common pleas, juvenile division,	18623
shall be the administrator of the juvenile division and its	18624
subdivisions and departments and shall have charge of the	18625
employment, assignment, and supervision of the personnel of the	18626
division engaged in handling, servicing, or investigating juvenile	18627
cases, including any referees considered necessary by the judge in	18628
the discharge of the judge's various duties.	18629

The judge also shall designate the title, compensation,	18630
expense allowances, hours, leaves of absence, and vacation of the	18631
personnel of the division and shall fix the duties of the	18632
personnel of the division. The duties of the personnel, in	18633
addition to other statutory duties, include the handling,	18634
servicing, and investigation of juvenile cases and counseling and	18635
conciliation services that may be made available to persons	18636
requesting them, whether or not the persons are parties to an	18637
action pending in the division.	18638

(3) If a judge of the court of common pleas, division of	18639
domestic relations or juvenile division, is sick, absent, or	18640
unable to perform that judge's judicial duties, or the volume of	18641
cases pending in that judge's division necessitates it, that	18642
judge's duties shall be performed by another judge of the court of	18643
common pleas.	18644

(F) In Montgomery county:

18645

(1) The judges of the court of common pleas whose terms begin	18646
on January 2, 1953, and January 4, 1977, and successors, shall	18647
have the same qualifications, exercise the same powers and	18648
jurisdiction, and receive the same compensation as other judges of	18649
the court of common pleas of Montgomery county and shall be	18650
elected and designated as judges of the court of common pleas,	18651
division of domestic relations. These judges shall have assigned	18652
to them all divorce, dissolution of marriage, legal separation,	18653
and annulment cases.	18654

The judge of the division of domestic relations, senior in	18655
point of service, shall be charged exclusively with the assignment	18656
and division of the work of the division and shall have charge of	18657
the employment and supervision of the personnel of the division	18658
engaged in handling, servicing, or investigating divorce,	18659
dissolution of marriage, legal separation, and annulment cases,	18660
including any necessary referees, except those employees who may	18661
be appointed by the judge, junior in point of service, under this	18662
section and sections 2301.12, 2301.18, and 2301.19 of the Revised	18663
Code. The judge of the division of domestic relations, senior in	18664
point of service, also shall designate the title, compensation,	18665
expense allowances, hours, leaves of absence, and vacation of the	18666
personnel of the division and shall fix their duties.	18667

(2) The judges of the court of common pleas whose terms begin	18668
on January 1, 1953, and January 1, 1993, and successors, shall	18669
have the same qualifications, exercise the same powers and	18670
jurisdiction, and receive the same compensation as other judges of	18671
the court of common pleas of Montgomery county, shall be elected	18672
and designated as judges of the court of common pleas, juvenile	18673
division, and shall be, and have the powers and jurisdiction of,	18674
the juvenile judge as provided in Chapters 2151. and 2152. of the	18675
Revised Code.	18676

In addition to the judge's regular duties, the judge of the	18677
court of common pleas, juvenile division, senior in point of	18678
service, shall be the administrator of the juvenile division and	18679
its subdivisions and departments and shall have charge of the	18680
employment, assignment, and supervision of the personnel of the	18681
juvenile division, including any necessary referees, who are	18682
engaged in handling, servicing, or investigating juvenile cases.	18683
The judge, senior in point of service, also shall designate the	18684
title, compensation, expense allowances, hours, leaves of absence,	18685
and vacation of the personnel of the division and shall fix their	18686
duties. The duties of the personnel, in addition to other	18687
statutory duties, shall include the handling, servicing, and	18688
investigation of juvenile cases and of any counseling and	18689
conciliation services that are available upon request to persons,	18690
whether or not they are parties to an action pending in the	18691
division.	18692

If one of the judges of the court of common pleas, division	18693
of domestic relations, or one of the judges of the court of common	18694
pleas, juvenile division, is sick, absent, or unable to perform	18695
that judge's duties or the volume of cases pending in that judge's	18696
division necessitates it, the duties of that judge may be	18697
performed by the judge or judges of the other of those divisions.	18698

(G) In Richland county~~, the~~:

18699

(1) The judge of the court of common pleas whose term begins	18700
on January 1, 1957, and successors, shall have the same	18701
qualifications, exercise the same powers and jurisdiction, and	18702
receive the same compensation as the other judges of the court of	18703
common pleas of Richland county and shall be elected and	18704
designated as judge of the court of common pleas, division of	18705
domestic relations. That judge shall have ~~all of the powers~~	18706
~~relating to juvenile courts, and all cases under Chapters 2151.~~	18707
~~and 2152. of the Revised Code, all parentage proceedings over~~	18708
~~which the juvenile court has jurisdiction, and~~assigned to that	18709
judge and hear all divorce, dissolution of marriage, legal	18710
separation, and annulment cases ~~shall be assigned to that judge,~~	18711
~~except in cases that for some special reason are assigned to some~~	18712
~~other judge of the court of common pleas~~that come before the	18713
court. Except in cases that are subject to the exclusive original	18714
jurisdiction of the juvenile court, the judge of the division of	18715
domestic relations shall have assigned to that judge and hear all	18716
cases pertaining to paternity, custody, visitation, child support,	18717
or the allocation of parental rights and responsibilities for the	18718
care of children and all post-decree proceedings arising from any	18719
case pertaining to any of those matters. The judge of the division	18720
of domestic relations shall have assigned to that judge and hear	18721
all proceedings under the uniform interstate family support act	18722
contained in Chapter 3115. of the Revised Code.	18723

(2) The judge of the court of common pleas whose term begins	18724
on January 3, 2005, and successors, shall have the same	18725
qualifications, exercise the same powers and jurisdiction, and	18726
receive the same compensation as other judges of the court of	18727
common pleas of Richland county, shall be elected and designated	18728
as judge of the court of common pleas, juvenile division, and	18729
shall be, and have the powers and jurisdiction of, the juvenile	18730
judge as provided in Chapters 2151. and 2152. of the Revised Code.	18731
Except in cases that are subject to the exclusive original	18732
jurisdiction of the juvenile court, the judge of the juvenile	18733
division shall not have jurisdiction or the power to hear, and	18734
shall not be assigned, any case pertaining to paternity, custody,	18735
visitation, child support, or the allocation of parental rights	18736
and responsibilities for the care of children or any post-decree	18737
proceeding arising from any case pertaining to any of those	18738
matters. The judge of the juvenile division shall not have	18739
jurisdiction or the power to hear, and shall not be assigned, any	18740
proceeding under the uniform interstate family support act	18741
contained in Chapter 3115. of the Revised Code. The judge of the	18742
juvenile division shall be the administrator of the juvenile	18743
division and its subdivisions and departments. The judge shall	18744
have charge of the employment, assignment, and supervision of the	18745
personnel of the juvenile division who are engaged in handling,	18746
servicing, or investigating juvenile cases, including any	18747
magistrates whom the judge considers necessary for the discharge	18748
of the judge's various duties.	18749

The judge of the juvenile division also shall designate the	18750
title, compensation, expense allowances, hours, leaves of absence,	18751
and vacation of the personnel of the division and shall fix their	18752
duties. The duties of the personnel, in addition to other	18753
statutory duties, include the handling, servicing, and	18754
investigation of juvenile cases and providing any counseling,	18755
conciliation, and mediation services that the court makes	18756
available to persons, whether or not the persons are parties to an	18757
action pending in the court, who request the services.	18758

(H) In Stark county, the judges of the court of common pleas	18759
whose terms begin on January 1, 1953, January 2, 1959, and January	18760
1, 1993, and successors, shall have the same qualifications,	18761
exercise the same powers and jurisdiction, and receive the same	18762
compensation as other judges of the court of common pleas of Stark	18763
county and shall be elected and designated as judges of the court	18764
of common pleas, division of domestic relations. They shall have	18765
all the powers relating to juvenile courts, and all cases under	18766
Chapters 2151. and 2152. of the Revised Code, all parentage	18767
proceedings over which the juvenile court has jurisdiction, and	18768
all divorce, dissolution of marriage, legal separation, and	18769
annulment cases, except cases that are assigned to some other	18770
judge of the court of common pleas for some special reason, shall	18771
be assigned to the judges.	18772

The judge of the division of domestic relations, second most	18773
senior in point of service, shall have charge of the employment	18774
and supervision of the personnel of the division engaged in	18775
handling, servicing, or investigating divorce, dissolution of	18776
marriage, legal separation, and annulment cases, and necessary	18777
referees required for the judge's respective court.	18778

The judge of the division of domestic relations, senior in	18779
point of service, shall be charged exclusively with the	18780
administration of sections 2151.13, 2151.16, 2151.17, and 2152.71	18781
of the Revised Code and with the assignment and division of the	18782
work of the division and the employment and supervision of all	18783
other personnel of the division, including, but not limited to,	18784
that judge's necessary referees, but excepting those employees who	18785
may be appointed by the judge second most senior in point of	18786
service. The senior judge further shall serve in every other	18787
position in which the statutes permit or require a juvenile judge	18788
to serve.	18789

(I) In Summit county:

18790

(1) The judges of the court of common pleas whose terms begin	18791
on January 4, 1967, and January 6, 1993, and successors, shall	18792
have the same qualifications, exercise the same powers and	18793
jurisdiction, and receive the same compensation as other judges of	18794
the court of common pleas of Summit county and shall be elected	18795
and designated as judges of the court of common pleas, division of	18796
domestic relations. The judges of the division of domestic	18797
relations shall have assigned to them and hear all divorce,	18798
dissolution of marriage, legal separation, and annulment cases	18799
that come before the court. Except in cases that are subject to	18800
the exclusive original jurisdiction of the juvenile court, the	18801
judges of the division of domestic relations shall have assigned	18802
to them and hear all cases pertaining to paternity, custody,	18803
visitation, child support, or the allocation of parental rights	18804
and responsibilities for the care of children and all post-decree	18805
proceedings arising from any case pertaining to any of those	18806
matters. The judges of the division of domestic relations shall	18807
have assigned to them and hear all proceedings under the uniform	18808
interstate family support act contained in Chapter 3115. of the	18809
Revised Code.	18810

The judge of the division of domestic relations, senior in	18811
point of service, shall be the administrator of the domestic	18812
relations division and its subdivisions and departments and shall	18813
have charge of the employment, assignment, and supervision of the	18814
personnel of the division, including any necessary referees, who	18815
are engaged in handling, servicing, or investigating divorce,	18816
dissolution of marriage, legal separation, and annulment cases.	18817
That judge also shall designate the title, compensation, expense	18818
allowances, hours, leaves of absence, and vacations of the	18819
personnel of the division and shall fix their duties. The duties	18820
of the personnel, in addition to other statutory duties, shall	18821
include the handling, servicing, and investigation of divorce,	18822
dissolution of marriage, legal separation, and annulment cases and	18823
of any counseling and conciliation services that are available	18824
upon request to all persons, whether or not they are parties to an	18825
action pending in the division.	18826

(2) The judge of the court of common pleas whose term begins	18827
on January 1, 1955, and successors, shall have the same	18828
qualifications, exercise the same powers and jurisdiction, and	18829
receive the same compensation as other judges of the court of	18830
common pleas of Summit county, shall be elected and designated as	18831
judge of the court of common pleas, juvenile division, and shall	18832
be, and have the powers and jurisdiction of, the juvenile judge as	18833
provided in Chapters 2151. and 2152. of the Revised Code. Except	18834
in cases that are subject to the exclusive original jurisdiction	18835
of the juvenile court, the judge of the juvenile division shall	18836
not have jurisdiction or the power to hear, and shall not be	18837
assigned, any case pertaining to paternity, custody, visitation,	18838
child support, or the allocation of parental rights and	18839
responsibilities for the care of children or any post-decree	18840
proceeding arising from any case pertaining to any of those	18841
matters. The judge of the juvenile division shall not have	18842
jurisdiction or the power to hear, and shall not be assigned, any	18843
proceeding under the uniform interstate family support act	18844
contained in Chapter 3115. of the Revised Code.	18845

The juvenile judge shall be the administrator of the juvenile	18846
division and its subdivisions and departments and shall have	18847
charge of the employment, assignment, and supervision of the	18848
personnel of the juvenile division, including any necessary	18849
referees, who are engaged in handling, servicing, or investigating	18850
juvenile cases. The judge also shall designate the title,	18851
compensation, expense allowances, hours, leaves of absence, and	18852
vacation of the personnel of the division and shall fix their	18853
duties. The duties of the personnel, in addition to other	18854
statutory duties, shall include the handling, servicing, and	18855
investigation of juvenile cases and of any counseling and	18856
conciliation services that are available upon request to persons,	18857
whether or not they are parties to an action pending in the	18858
division.	18859

(J) In Trumbull county, the judges of the court of common	18860
pleas whose terms begin on January 1, 1953, and January 2, 1977,	18861
and successors, shall have the same qualifications, exercise the	18862
same powers and jurisdiction, and receive the same compensation as	18863
other judges of the court of common pleas of Trumbull county and	18864
shall be elected and designated as judges of the court of common	18865
pleas, division of domestic relations. They shall have all the	18866
powers relating to juvenile courts, and all cases under Chapters	18867
2151. and 2152. of the Revised Code, all parentage proceedings	18868
over which the juvenile court has jurisdiction, and all divorce,	18869
dissolution of marriage, legal separation, and annulment cases	18870
shall be assigned to them, except cases that for some special	18871
reason are assigned to some other judge of the court of common	18872
pleas.	18873

(K) In Butler county:

18874

(1) The judges of the court of common pleas whose terms begin	18875
on January 1, 1957, and January 4, 1993, and successors, shall	18876
have the same qualifications, exercise the same powers and	18877
jurisdiction, and receive the same compensation as other judges of	18878
the court of common pleas of Butler county and shall be elected	18879
and designated as judges of the court of common pleas, division of	18880
domestic relations. The judges of the division of domestic	18881
relations shall have assigned to them all divorce, dissolution of	18882
marriage, legal separation, and annulment cases coming before the	18883
court, except in cases that for some special reason are assigned	18884
to some other judge of the court of common pleas. The judge senior	18885
in point of service shall be charged with the assignment and	18886
division of the work of the division and with the employment and	18887
supervision of all other personnel of the domestic relations	18888
division.	18889

The judge senior in point of service also shall designate the	18890
title, compensation, expense allowances, hours, leaves of absence,	18891
and vacations of the personnel of the division and shall fix their	18892
duties. The duties of the personnel, in addition to other	18893
statutory duties, shall include the handling, servicing, and	18894
investigation of divorce, dissolution of marriage, legal	18895
separation, and annulment cases and providing any counseling and	18896
conciliation services that the division makes available to	18897
persons, whether or not the persons are parties to an action	18898
pending in the division, who request the services.	18899

(2) The judges of the court of common pleas whose terms begin	18900
on January 3, 1987, and January 2, 2003, and successors, shall	18901
have the same qualifications, exercise the same powers and	18902
jurisdiction, and receive the same compensation as other judges of	18903
the court of common pleas of Butler county, shall be elected and	18904
designated as judges of the court of common pleas, juvenile	18905
division, and shall be the juvenile judges as provided in Chapters	18906
2151. and 2152. of the Revised Code, with the powers and	18907
jurisdictions conferred by those chapters. The judge of the court	18908
of common pleas, juvenile division, who is senior in point of	18909
service, shall be the administrator of the juvenile division and	18910
its subdivisions and departments. The judge, senior in point of	18911
service, shall have charge of the employment, assignment, and	18912
supervision of the personnel of the juvenile division who are	18913
engaged in handling, servicing, or investigating juvenile cases,	18914
including any referees whom the judge considers necessary for the	18915
discharge of the judge's various duties.	18916

The judge, senior in point of service, also shall designate	18917
the title, compensation, expense allowances, hours, leaves of	18918
absence, and vacation of the personnel of the division and shall	18919
fix their duties. The duties of the personnel, in addition to	18920
other statutory duties, include the handling, servicing, and	18921
investigation of juvenile cases and providing any counseling and	18922
conciliation services that the division makes available to	18923
persons, whether or not the persons are parties to an action	18924
pending in the division, who request the services.	18925

(3) If a judge of the court of common pleas, division of	18926
domestic relations or juvenile division, is sick, absent, or	18927
unable to perform that judge's judicial duties or the volume of	18928
cases pending in the judge's division necessitates it, the duties	18929
of that judge shall be performed by the other judges of the	18930
domestic relations and juvenile divisions.	18931

(L)(1) In Cuyahoga county, the judges of the court of common	18932
pleas whose terms begin on January 8, 1961, January 9, 1961,	18933
January 18, 1975, January 19, 1975, and January 13, 1987, and	18934
successors, shall have the same qualifications, exercise the same	18935
powers and jurisdiction, and receive the same compensation as	18936
other judges of the court of common pleas of Cuyahoga county and	18937
shall be elected and designated as judges of the court of common	18938
pleas, division of domestic relations. They shall have all the	18939
powers relating to all divorce, dissolution of marriage, legal	18940
separation, and annulment cases, except in cases that are assigned	18941
to some other judge of the court of common pleas for some special	18942
reason.	18943

(2) The administrative judge is administrator of the domestic	18944
relations division and its subdivisions and departments and has	18945
the following powers concerning division personnel:	18946

(a) Full charge of the employment, assignment, and	18947
supervision;	18948

(b) Sole determination of compensation, duties, expenses,	18949
allowances, hours, leaves, and vacations.	18950

(3) "Division personnel" include persons employed or referees	18951
engaged in hearing, servicing, investigating, counseling, or	18952
conciliating divorce, dissolution of marriage, legal separation	18953
and annulment matters.	18954

(M) In Lake county:

18955

(1) The judge of the court of common pleas whose term begins	18956
on January 2, 1961, and successors, shall have the same	18957
qualifications, exercise the same powers and jurisdiction, and	18958
receive the same compensation as the other judges of the court of	18959
common pleas of Lake county and shall be elected and designated as	18960
judge of the court of common pleas, division of domestic	18961
relations. The judge shall be assigned all the divorce,	18962
dissolution of marriage, legal separation, and annulment cases	18963
coming before the court, except in cases that for some special	18964
reason are assigned to some other judge of the court of common	18965
pleas. The judge shall be charged with the assignment and division	18966
of the work of the division and with the employment and	18967
supervision of all other personnel of the domestic relations	18968
division.	18969

The judge also shall designate the title, compensation,	18970
expense allowances, hours, leaves of absence, and vacations of the	18971
personnel of the division and shall fix their duties. The duties	18972
of the personnel, in addition to other statutory duties, shall	18973
include the handling, servicing, and investigation of divorce,	18974
dissolution of marriage, legal separation, and annulment cases and	18975
providing any counseling and conciliation services that the	18976
division makes available to persons, whether or not the persons	18977
are parties to an action pending in the division, who request the	18978
services.	18979

(2) The judge of the court of common pleas whose term begins	18980
on January 4, 1979, and successors, shall have the same	18981
qualifications, exercise the same powers and jurisdiction, and	18982
receive the same compensation as other judges of the court of	18983
common pleas of Lake county, shall be elected and designated as	18984
judge of the court of common pleas, juvenile division, and shall	18985
be the juvenile judge as provided in Chapters 2151. and 2152. of	18986
the Revised Code, with the powers and jurisdictions conferred by	18987
those chapters. The judge of the court of common pleas, juvenile	18988
division, shall be the administrator of the juvenile division and	18989
its subdivisions and departments. The judge shall have charge of	18990
the employment, assignment, and supervision of the personnel of	18991
the juvenile division who are engaged in handling, servicing, or	18992
investigating juvenile cases, including any referees whom the	18993
judge considers necessary for the discharge of the judge's various	18994
duties.	18995

The judge also shall designate the title, compensation,	18996
expense allowances, hours, leaves of absence, and vacation of the	18997
personnel of the division and shall fix their duties. The duties	18998
of the personnel, in addition to other statutory duties, include	18999
the handling, servicing, and investigation of juvenile cases and	19000
providing any counseling and conciliation services that the	19001
division makes available to persons, whether or not the persons	19002
are parties to an action pending in the division, who request the	19003
services.	19004

(3) If a judge of the court of common pleas, division of	19005
domestic relations or juvenile division, is sick, absent, or	19006
unable to perform that judge's judicial duties or the volume of	19007
cases pending in the judge's division necessitates it, the duties	19008
of that judge shall be performed by the other judges of the	19009
domestic relations and juvenile divisions.	19010

(N) In Erie county, the judge of the court of common pleas	19011
whose term begins on January 2, 1971, and successors, shall have	19012
the same qualifications, exercise the same powers and	19013
jurisdiction, and receive the same compensation as the other judge	19014
of the court of common pleas of Erie county and shall be elected	19015
and designated as judge of the court of common pleas, division of	19016
domestic relations. The judge shall have all the powers relating	19017
to juvenile courts, and shall be assigned all cases under Chapters	19018
2151. and 2152. of the Revised Code, parentage proceedings over	19019
which the juvenile court has jurisdiction, and divorce,	19020
dissolution of marriage, legal separation, and annulment cases,	19021
except cases that for some special reason are assigned to some	19022
other judge.	19023

(O) In Greene county:

19024

(1) The judge of the court of common pleas whose term begins	19025
on January 1, 1961, and successors, shall have the same	19026
qualifications, exercise the same powers and jurisdiction, and	19027
receive the same compensation as the other judges of the court of	19028
common pleas of Greene county and shall be elected and designated	19029
as the judge of the court of common pleas, division of domestic	19030
relations. The judge shall be assigned all divorce, dissolution of	19031
marriage, legal separation, annulment, uniform reciprocal support	19032
enforcement, and domestic violence cases and all other cases	19033
related to domestic relations, except cases that for some special	19034
reason are assigned to some other judge of the court of common	19035
pleas.	19036

The judge shall be charged with the assignment and division	19037
of the work of the division and with the employment and	19038
supervision of all other personnel of the division. The judge also	19039
shall designate the title, compensation, hours, leaves of absence,	19040
and vacations of the personnel of the division and shall fix their	19041
duties. The duties of the personnel of the division, in addition	19042
to other statutory duties, shall include the handling, servicing,	19043
and investigation of divorce, dissolution of marriage, legal	19044
separation, and annulment cases and the provision of counseling	19045
and conciliation services that the division considers necessary	19046
and makes available to persons who request the services, whether	19047
or not the persons are parties in an action pending in the	19048
division. The compensation for the personnel shall be paid from	19049
the overall court budget and shall be included in the	19050
appropriations for the existing judges of the general division of	19051
the court of common pleas.	19052

(2) The judge of the court of common pleas whose term begins	19053
on January 1, 1995, and successors, shall have the same	19054
qualifications, exercise the same powers and jurisdiction, and	19055
receive the same compensation as the other judges of the court of	19056
common pleas of Greene county, shall be elected and designated as	19057
judge of the court of common pleas, juvenile division, and, on or	19058
after January 1, 1995, shall be the juvenile judge as provided in	19059
Chapters 2151. and 2152. of the Revised Code with the powers and	19060
jurisdiction conferred by those chapters. The judge of the court	19061
of common pleas, juvenile division, shall be the administrator of	19062
the juvenile division and its subdivisions and departments. The	19063
judge shall have charge of the employment, assignment, and	19064
supervision of the personnel of the juvenile division who are	19065
engaged in handling, servicing, or investigating juvenile cases,	19066
including any referees whom the judge considers necessary for the	19067
discharge of the judge's various duties.	19068

The judge also shall designate the title, compensation,	19069
expense allowances, hours, leaves of absence, and vacation of the	19070
personnel of the division and shall fix their duties. The duties	19071
of the personnel, in addition to other statutory duties, include	19072
the handling, servicing, and investigation of juvenile cases and	19073
providing any counseling and conciliation services that the court	19074
makes available to persons, whether or not the persons are parties	19075
to an action pending in the court, who request the services.	19076

(3) If one of the judges of the court of common pleas,	19077
general division, is sick, absent, or unable to perform that	19078
judge's judicial duties or the volume of cases pending in the	19079
general division necessitates it, the duties of that judge of the	19080
general division shall be performed by the judge of the division	19081
of domestic relations and the judge of the juvenile division.	19082

(P) In Portage county, the judge of the court of common	19083
pleas, whose term begins January 2, 1987, and successors, shall	19084
have the same qualifications, exercise the same powers and	19085
jurisdiction, and receive the same compensation as the other	19086
judges of the court of common pleas of Portage county and shall be	19087
elected and designated as judge of the court of common pleas,	19088
division of domestic relations. The judge shall be assigned all	19089
divorce, dissolution of marriage, legal separation, and annulment	19090
cases coming before the court, except in cases that for some	19091
special reason are assigned to some other judge of the court of	19092
common pleas. The judge shall be charged with the assignment and	19093
division of the work of the division and with the employment and	19094
supervision of all other personnel of the domestic relations	19095
division.	19096

The judge also shall designate the title, compensation,	19097
expense allowances, hours, leaves of absence, and vacations of the	19098
personnel of the division and shall fix their duties. The duties	19099
of the personnel, in addition to other statutory duties, shall	19100
include the handling, servicing, and investigation of divorce,	19101
dissolution of marriage, legal separation, and annulment cases and	19102
providing any counseling and conciliation services that the	19103
division makes available to persons, whether or not the persons	19104
are parties to an action pending in the division, who request the	19105
services.	19106

(Q) In Clermont county, the judge of the court of common	19107
pleas, whose term begins January 2, 1987, and successors, shall	19108
have the same qualifications, exercise the same powers and	19109
jurisdiction, and receive the same compensation as the other	19110
judges of the court of common pleas of Clermont county and shall	19111
be elected and designated as judge of the court of common pleas,	19112
division of domestic relations. The judge shall be assigned all	19113
divorce, dissolution of marriage, legal separation, and annulment	19114
cases coming before the court, except in cases that for some	19115
special reason are assigned to some other judge of the court of	19116
common pleas. The judge shall be charged with the assignment and	19117
division of the work of the division and with the employment and	19118
supervision of all other personnel of the domestic relations	19119
division.	19120

The judge also shall designate the title, compensation,	19121
expense allowances, hours, leaves of absence, and vacations of the	19122
personnel of the division and shall fix their duties. The duties	19123
of the personnel, in addition to other statutory duties, shall	19124
include the handling, servicing, and investigation of divorce,	19125
dissolution of marriage, legal separation, and annulment cases and	19126
providing any counseling and conciliation services that the	19127
division makes available to persons, whether or not the persons	19128
are parties to an action pending in the division, who request the	19129
services.	19130

(R) In Warren county, the judge of the court of common pleas,	19131
whose term begins January 1, 1987, and successors, shall have the	19132
same qualifications, exercise the same powers and jurisdiction,	19133
and receive the same compensation as the other judges of the court	19134
of common pleas of Warren county and shall be elected and	19135
designated as judge of the court of common pleas, division of	19136
domestic relations. The judge shall be assigned all divorce,	19137
dissolution of marriage, legal separation, and annulment cases	19138
coming before the court, except in cases that for some special	19139
reason are assigned to some other judge of the court of common	19140
pleas. The judge shall be charged with the assignment and division	19141
of the work of the division and with the employment and	19142
supervision of all other personnel of the domestic relations	19143
division.	19144

The judge also shall designate the title, compensation,	19145
expense allowances, hours, leaves of absence, and vacations of the	19146
personnel of the division and shall fix their duties. The duties	19147
of the personnel, in addition to other statutory duties, shall	19148
include the handling, servicing, and investigation of divorce,	19149
dissolution of marriage, legal separation, and annulment cases and	19150
providing any counseling and conciliation services that the	19151
division makes available to persons, whether or not the persons	19152
are parties to an action pending in the division, who request the	19153
services.	19154

(S) In Licking county, the judge of the court of common	19155
pleas, whose term begins January 1, 1991, and successors, shall	19156
have the same qualifications, exercise the same powers and	19157
jurisdiction, and receive the same compensation as the other	19158
judges of the court of common pleas of Licking county and shall be	19159
elected and designated as judge of the court of common pleas,	19160
division of domestic relations. The judge shall be assigned all	19161
divorce, dissolution of marriage, legal separation, and annulment	19162
cases, all cases arising under Chapter 3111. of the Revised Code,	19163
all proceedings involving child support, the allocation of	19164
parental rights and responsibilities for the care of children and	19165
the designation for the children of a place of residence and legal	19166
custodian, parenting time, and visitation, and all post-decree	19167
proceedings and matters arising from those cases and proceedings,	19168
except in cases that for some special reason are assigned to	19169
another judge of the court of common pleas. The judge shall be	19170
charged with the assignment and division of the work of the	19171
division and with the employment and supervision of the personnel	19172
of the division.	19173

The judge shall designate the title, compensation, expense	19174
allowances, hours, leaves of absence, and vacations of the	19175
personnel of the division and shall fix the duties of the	19176
personnel of the division. The duties of the personnel of the	19177
division, in addition to other statutory duties, shall include the	19178
handling, servicing, and investigation of divorce, dissolution of	19179
marriage, legal separation, and annulment cases, cases arising	19180
under Chapter 3111. of the Revised Code, and proceedings involving	19181
child support, the allocation of parental rights and	19182
responsibilities for the care of children and the designation for	19183
the children of a place of residence and legal custodian,	19184
parenting time, and visitation and providing any counseling and	19185
conciliation services that the division makes available to	19186
persons, whether or not the persons are parties to an action	19187
pending in the division, who request the services.	19188

(T) In Allen county, the judge of the court of common pleas,	19189
whose term begins January 1, 1993, and successors, shall have the	19190
same qualifications, exercise the same powers and jurisdiction,	19191
and receive the same compensation as the other judges of the court	19192
of common pleas of Allen county and shall be elected and	19193
designated as judge of the court of common pleas, division of	19194
domestic relations. The judge shall be assigned all divorce,	19195
dissolution of marriage, legal separation, and annulment cases,	19196
all cases arising under Chapter 3111. of the Revised Code, all	19197
proceedings involving child support, the allocation of parental	19198
rights and responsibilities for the care of children and the	19199
designation for the children of a place of residence and legal	19200
custodian, parenting time, and visitation, and all post-decree	19201
proceedings and matters arising from those cases and proceedings,	19202
except in cases that for some special reason are assigned to	19203
another judge of the court of common pleas. The judge shall be	19204
charged with the assignment and division of the work of the	19205
division and with the employment and supervision of the personnel	19206
of the division.	19207

The judge shall designate the title, compensation, expense	19208
allowances, hours, leaves of absence, and vacations of the	19209
personnel of the division and shall fix the duties of the	19210
personnel of the division. The duties of the personnel of the	19211
division, in addition to other statutory duties, shall include the	19212
handling, servicing, and investigation of divorce, dissolution of	19213
marriage, legal separation, and annulment cases, cases arising	19214
under Chapter 3111. of the Revised Code, and proceedings involving	19215
child support, the allocation of parental rights and	19216
responsibilities for the care of children and the designation for	19217
the children of a place of residence and legal custodian,	19218
parenting time, and visitation, and providing any counseling and	19219
conciliation services that the division makes available to	19220
persons, whether or not the persons are parties to an action	19221
pending in the division, who request the services.	19222

(U) In Medina county, the judge of the court of common pleas	19223
whose term begins January 1, 1995, and successors, shall have the	19224
same qualifications, exercise the same powers and jurisdiction,	19225
and receive the same compensation as other judges of the court of	19226
common pleas of Medina county and shall be elected and designated	19227
as judge of the court of common pleas, division of domestic	19228
relations. The judge shall be assigned all divorce, dissolution of	19229
marriage, legal separation, and annulment cases, all cases arising	19230
under Chapter 3111. of the Revised Code, all proceedings involving	19231
child support, the allocation of parental rights and	19232
responsibilities for the care of children and the designation for	19233
the children of a place of residence and legal custodian,	19234
parenting time, and visitation, and all post-decree proceedings	19235
and matters arising from those cases and proceedings, except in	19236
cases that for some special reason are assigned to another judge	19237
of the court of common pleas. The judge shall be charged with the	19238
assignment and division of the work of the division and with the	19239
employment and supervision of the personnel of the division.	19240

The judge shall designate the title, compensation, expense	19241
allowances, hours, leaves of absence, and vacations of the	19242
personnel of the division and shall fix the duties of the	19243
personnel of the division. The duties of the personnel, in	19244
addition to other statutory duties, include the handling,	19245
servicing, and investigation of divorce, dissolution of marriage,	19246
legal separation, and annulment cases, cases arising under Chapter	19247
3111. of the Revised Code, and proceedings involving child	19248
support, the allocation of parental rights and responsibilities	19249
for the care of children and the designation for the children of a	19250
place of residence and legal custodian, parenting time, and	19251
visitation, and providing counseling and conciliation services	19252
that the division makes available to persons, whether or not the	19253
persons are parties to an action pending in the division, who	19254
request the services.	19255

(V) In Fairfield county, the judge of the court of common	19256
pleas whose term begins January 2, 1995, and successors, shall	19257
have the same qualifications, exercise the same powers and	19258
jurisdiction, and receive the same compensation as the other	19259
judges of the court of common pleas of Fairfield county and shall	19260
be elected and designated as judge of the court of common pleas,	19261
division of domestic relations. The judge shall be assigned all	19262
divorce, dissolution of marriage, legal separation, and annulment	19263
cases, all cases arising under Chapter 3111. of the Revised Code,	19264
all proceedings involving child support, the allocation of	19265
parental rights and responsibilities for the care of children and	19266
the designation for the children of a place of residence and legal	19267
custodian, parenting time, and visitation, and all post-decree	19268
proceedings and matters arising from those cases and proceedings,	19269
except in cases that for some special reason are assigned to	19270
another judge of the court of common pleas. The judge also has	19271
concurrent jurisdiction with the probate-juvenile division of the	19272
court of common pleas of Fairfield county with respect to and may	19273
hear cases to determine the custody of a child, as defined in	19274
section 2151.011 of the Revised Code, who is not the ward of	19275
another court of this state, cases that are commenced by a parent,	19276
guardian, or custodian of a child, as defined in section 2151.011	19277
of the Revised Code, to obtain an order requiring a parent of the	19278
child to pay child support for that child when the request for	19279
that order is not ancillary to an action for divorce, dissolution	19280
of marriage, annulment, or legal separation, a criminal or civil	19281
action involving an allegation of domestic violence, an action for	19282
support under Chapter 3115. of the Revised Code, or an action that	19283
is within the exclusive original jurisdiction of the	19284
probate-juvenile division of the court of common pleas of	19285
Fairfield county and that involves an allegation that the child is	19286
an abused, neglected, or dependent child, and post-decree	19287
proceedings and matters arising from those types of cases.	19288

The judge of the domestic relations division shall be charged	19289
with the assignment and division of the work of the division and	19290
with the employment and supervision of the personnel of the	19291
division.	19292

The judge shall designate the title, compensation, expense	19293
allowances, hours, leaves of absence, and vacations of the	19294
personnel of the division and shall fix the duties of the	19295
personnel of the division. The duties of the personnel of the	19296
division, in addition to other statutory duties, shall include the	19297
handling, servicing, and investigation of divorce, dissolution of	19298
marriage, legal separation, and annulment cases, cases arising	19299
under Chapter 3111. of the Revised Code, and proceedings involving	19300
child support, the allocation of parental rights and	19301
responsibilities for the care of children and the designation for	19302
the children of a place of residence and legal custodian,	19303
parenting time, and visitation, and providing any counseling and	19304
conciliation services that the division makes available to	19305
persons, regardless of whether the persons are parties to an	19306
action pending in the division, who request the services. When the	19307
judge hears a case to determine the custody of a child, as defined	19308
in section 2151.011 of the Revised Code, who is not the ward of	19309
another court of this state or a case that is commenced by a	19310
parent, guardian, or custodian of a child, as defined in section	19311
2151.011 of the Revised Code, to obtain an order requiring a	19312
parent of the child to pay child support for that child when the	19313
request for that order is not ancillary to an action for divorce,	19314
dissolution of marriage, annulment, or legal separation, a	19315
criminal or civil action involving an allegation of domestic	19316
violence, an action for support under Chapter 3115. of the Revised	19317
Code, or an action that is within the exclusive original	19318
jurisdiction of the probate-juvenile division of the court of	19319
common pleas of Fairfield county and that involves an allegation	19320
that the child is an abused, neglected, or dependent child, the	19321
duties of the personnel of the domestic relations division also	19322
include the handling, servicing, and investigation of those types	19323
of cases.	19324

(W)(1) In Clark county, the judge of the court of common	19325
pleas whose term begins on January 2, 1995, and successors, shall	19326
have the same qualifications, exercise the same powers and	19327
jurisdiction, and receive the same compensation as other judges of	19328
the court of common pleas of Clark county and shall be elected and	19329
designated as judge of the court of common pleas, domestic	19330
relations division. The judge shall have all the powers relating	19331
to juvenile courts, and all cases under Chapters 2151. and 2152.	19332
of the Revised Code and all parentage proceedings under Chapter	19333
3111. of the Revised Code over which the juvenile court has	19334
jurisdiction shall be assigned to the judge of the division of	19335
domestic relations. All divorce, dissolution of marriage, legal	19336
separation, annulment, uniform reciprocal support enforcement, and	19337
other cases related to domestic relations shall be assigned to the	19338
domestic relations division, and the presiding judge of the court	19339
of common pleas shall assign the cases to the judge of the	19340
domestic relations division and the judges of the general	19341
division.	19342

(2) In addition to the judge's regular duties, the judge of	19343
the division of domestic relations shall serve on the children	19344
services board and the county advisory board.	19345

(3) If the judge of the court of common pleas of Clark	19346
county, division of domestic relations, is sick, absent, or unable	19347
to perform that judge's judicial duties or if the presiding judge	19348
of the court of common pleas of Clark county determines that the	19349
volume of cases pending in the division of domestic relations	19350
necessitates it, the duties of the judge of the division of	19351
domestic relations shall be performed by the judges of the general	19352
division or probate division of the court of common pleas of Clark	19353
county, as assigned for that purpose by the presiding judge of	19354
that court, and the judges so assigned shall act in conjunction	19355
with the judge of the division of domestic relations of that	19356
court.	19357

(X) In Scioto county, the judge of the court of common pleas	19358
whose term begins January 2, 1995, and successors, shall have the	19359
same qualifications, exercise the same powers and jurisdiction,	19360
and receive the same compensation as other judges of the court of	19361
common pleas of Scioto county and shall be elected and designated	19362
as judge of the court of common pleas, division of domestic	19363
relations. The judge shall be assigned all divorce, dissolution of	19364
marriage, legal separation, and annulment cases, all cases arising	19365
under Chapter 3111. of the Revised Code, all proceedings involving	19366
child support, the allocation of parental rights and	19367
responsibilities for the care of children and the designation for	19368
the children of a place of residence and legal custodian,	19369
parenting time, visitation, and all post-decree proceedings and	19370
matters arising from those cases and proceedings, except in cases	19371
that for some special reason are assigned to another judge of the	19372
court of common pleas. The judge shall be charged with the	19373
assignment and division of the work of the division and with the	19374
employment and supervision of the personnel of the division.	19375

The judge shall designate the title, compensation, expense	19376
allowances, hours, leaves of absence, and vacations of the	19377
personnel of the division and shall fix the duties of the	19378
personnel of the division. The duties of the personnel, in	19379
addition to other statutory duties, include the handling,	19380
servicing, and investigation of divorce, dissolution of marriage,	19381
legal separation, and annulment cases, cases arising under Chapter	19382
3111. of the Revised Code, and proceedings involving child	19383
support, the allocation of parental rights and responsibilities	19384
for the care of children and the designation for the children of a	19385
place of residence and legal custodian, parenting time, and	19386
visitation, and providing counseling and conciliation services	19387
that the division makes available to persons, whether or not the	19388
persons are parties to an action pending in the division, who	19389
request the services.	19390

(Y) In Auglaize county, the judge of the probate and juvenile	19391
divisions of the Auglaize county court of common pleas also shall	19392
be the administrative judge of the domestic relations division of	19393
the court and shall be assigned all divorce, dissolution of	19394
marriage, legal separation, and annulment cases coming before the	19395
court. The judge shall have all powers as administrator of the	19396
domestic relations division and shall have charge of the personnel	19397
engaged in handling, servicing, or investigating divorce,	19398
dissolution of marriage, legal separation, and annulment cases,	19399
including any referees considered necessary for the discharge of	19400
the judge's various duties.	19401

(Z)(1) In Marion county, the judge of the court of common	19402
pleas whose term begins on February 9, 1999, and the successors to	19403
that judge, shall have the same qualifications, exercise the same	19404
powers and jurisdiction, and receive the same compensation as the	19405
other judges of the court of common pleas of Marion county and	19406
shall be elected and designated as judge of the court of common	19407
pleas, domestic relations-juvenile-probate division. Except as	19408
otherwise specified in this division, that judge, and the	19409
successors to that judge, shall have all the powers relating to	19410
juvenile courts, and all cases under Chapters 2151. and 2152. of	19411
the Revised Code, all cases arising under Chapter 3111. of the	19412
Revised Code, all divorce, dissolution of marriage, legal	19413
separation, and annulment cases, all proceedings involving child	19414
support, the allocation of parental rights and responsibilities	19415
for the care of children and the designation for the children of a	19416
place of residence and legal custodian, parenting time, and	19417
visitation, and all post-decree proceedings and matters arising	19418
from those cases and proceedings shall be assigned to that judge	19419
and the successors to that judge. Except as provided in division	19420
(Z)(2) of this section and notwithstanding any other provision of	19421
any section of the Revised Code, on and after February 9, 2003,	19422
the judge of the court of common pleas of Marion county whose term	19423
begins on February 9, 1999, and the successors to that judge,	19424
shall have all the powers relating to the probate division of the	19425
court of common pleas of Marion county in addition to the powers	19426
previously specified in this division, and shall exercise	19427
concurrent jurisdiction with the judge of the probate division of	19428
that court over all matters that are within the jurisdiction of	19429
the probate division of that court under Chapter 2101., and other	19430
provisions, of the Revised Code in addition to the jurisdiction of	19431
the domestic relations-juvenile-probate division of that court	19432
otherwise specified in division (Z)(1) of this section.	19433

(2) The judge of the domestic relations-juvenile-probate	19434
division of the court of common pleas of Marion county or the	19435
judge of the probate division of the court of common pleas of	19436
Marion county, whichever of those judges is senior in total length	19437
of service on the court of common pleas of Marion county,	19438
regardless of the division or divisions of service, shall serve as	19439
the clerk of the probate division of the court of common pleas of	19440
Marion county.	19441

(3) On and after February 9, 2003, all references in law to	19442
"the probate court," "the probate judge," "the juvenile court," or	19443
"the judge of the juvenile court" shall be construed, with respect	19444
to Marion county, as being references to both "the probate	19445
division" and "the domestic relations-juvenile-probate division"	19446
and as being references to both "the judge of the probate	19447
division" and "the judge of the domestic relations-	19448
juvenile-probate division." On and after February 9, 2003, all	19449
references in law to "the clerk of the probate court" shall be	19450
construed, with respect to Marion county, as being references to	19451
the judge who is serving pursuant to division (Z)(2) of this	19452
section as the clerk of the probate division of the court of	19453
common pleas of Marion county.	19454

(AA) In Muskingum county, the judge of the court of common	19455
pleas whose term begins on January 2, 2003, and successors, shall	19456
have the same qualifications, exercise the same powers and	19457
jurisdiction, and receive the same compensation as the other	19458
judges of the court of common pleas of Muskingum county and shall	19459
be elected and designated as the judge of the court of common	19460
pleas, division of domestic relations. The judge shall be assigned	19461
and hear all divorce, dissolution of marriage, legal separation,	19462
and annulment cases and all proceedings under the uniform	19463
interstate family support act contained in Chapter 3115. of the	19464
Revised Code. Except in cases that are subject to the exclusive	19465
original jurisdiction of the juvenile court, the judge shall be	19466
assigned and hear all cases pertaining to paternity, visitation,	19467
child support, the allocation of parental rights and	19468
responsibilities for the care of children, and the designation for	19469
the children of a place of residence and legal custodian, and all	19470
post-decree proceedings arising from any case pertaining to any of	19471
those matters.	19472

(BB) If a judge of the court of common pleas, division of	19473
domestic relations, or juvenile judge, of any of the counties	19474
mentioned in this section is sick, absent, or unable to perform	19475
that judge's judicial duties or the volume of cases pending in the	19476
judge's division necessitates it, the duties of that judge shall	19477
be performed by another judge of the court of common pleas of that	19478
county, assigned for that purpose by the presiding judge of the	19479
court of common pleas of that county to act in place of or in	19480
conjunction with that judge, as the case may require.	19481

Sec. 2301.58. (A) The director of the community-based	19482
correctional facility or district community-based correctional	19483
facility may establish a commissary for the facility. The	19484
commissary may be established either in-house or by another	19485
arrangement. If a commissary is established, all persons	19486
incarcerated in the facility shall receive commissary privileges.	19487
A person's purchases from the commissary shall be deducted from	19488
the person's account record in the facility's business office. The	19489
commissary shall provide for the distribution to indigent persons	19490
incarcerated in the facility necessary hygiene articles and	19491
writing materials.	19492

(B) If a commissary is established, the director of the	19493
community-based correctional facility or district community-based	19494
correctional facility shall establish a commissary fund for the	19495
facility. The management of funds in the commissary fund shall be	19496
strictly controlled in accordance with procedures adopted by the	19497
auditor of state. Commissary fund revenue over and above operating	19498
costs and reserve shall be considered profits. All profits from	19499
the commissary fund shall be used to purchase supplies and	19500
equipment for the benefit of persons incarcerated in the facility	19501
and to pay salary and benefits for employees of the facility, or	19502
for any other persons, who work in or are employed for the sole	19503
purpose of providing service to the commissary. The director of	19504
the community-based correctional facility or district	19505
community-based correctional facility shall adopt rules and	19506
regulations for the operation of any commissary fund the director	19507
establishes.	19508

Sec. 2305.234. (A) As used in this section:

19509

(1) "Chiropractic claim," "medical claim," and "optometric	19510
claim" have the same meanings as in section 2305.113 of the	19511
Revised Code.	19512

(2) "Dental claim" has the same meaning as in section	19513
2305.113 of the Revised Code, except that it does not include any	19514
claim arising out of a dental operation or any derivative claim	19515
for relief that arises out of a dental operation.	19516

(3) "Governmental health care program" has the same meaning	19517
as in section 4731.65 of the Revised Code.	19518

(4) "Health care professional" means any of the following who	19519
provide medical, dental, or other health-related diagnosis, care,	19520
or treatment:	19521

(a) Physicians authorized under Chapter 4731. of the Revised	19522
Code to practice medicine and surgery or osteopathic medicine and	19523
surgery;	19524

(b) Registered nurses, advanced practice nurses, and licensed	19525
practical nurses licensed under Chapter 4723. of the Revised Code;	19526

(c) Physician assistants authorized to practice under Chapter	19527
4730. of the Revised Code;	19528

(d) Dentists and dental hygienists licensed under Chapter	19529
4715. of the Revised Code;	19530

(e) Physical therapists licensed under Chapter 4755. of the	19531
Revised Code;	19532

(f) Chiropractors licensed under Chapter 4734. of the Revised	19533
Code;	19534

(g) Optometrists licensed under Chapter 4725. of the Revised	19535
Code;	19536

(h) Podiatrists authorized under Chapter 4731. of the Revised	19537
Code to practice podiatry;	19538

(i) Dietitians licensed under Chapter 4759. of the Revised	19539
Code;	19540

(j) Pharmacists licensed under Chapter 4729. of the Revised	19541
Code;	19542

(k) Emergency medical technicians-basic, emergency medical	19543
technicians-intermediate, and emergency medical	19544
technicians-paramedic, certified under Chapter 4765. of the	19545
Revised Code.	19546

(5) "Health care worker" means a person other than a health	19547
care professional who provides medical, dental, or other	19548
health-related care or treatment under the direction of a health	19549
care professional with the authority to direct that individual's	19550
activities, including medical technicians, medical assistants,	19551
dental assistants, orderlies, aides, and individuals acting in	19552
similar capacities.	19553

(6) "Indigent and uninsured person" means a person who meets	19554
all of the following requirements:	19555

(a) The person's income is not greater than one hundred fifty	19556
per cent of the current poverty line as defined by the United	19557
States office of management and budget and revised in accordance	19558
with section 673(2) of the "Omnibus Budget Reconciliation Act of	19559
1981," 95 Stat. 511, 42 U.S.C. 9902, as amended.	19560

(b) The person is not eligible to receive medical assistance	19561
under Chapter 5111., disability ~~assistance~~ medical assistance	19562
under Chapter 5115. of the Revised Code, or assistance under any	19563
other governmental health care program.	19564

19565

(i) The person is not a policyholder, certificate holder,	19566
insured, contract holder, subscriber, enrollee, member,	19567
beneficiary, or other covered individual under a health insurance	19568
or health care policy, contract, or plan.	19569

(ii) The person is a policyholder, certificate holder,	19570
insured, contract holder, subscriber, enrollee, member,	19571
beneficiary, or other covered individual under a health insurance	19572
or health care policy, contract, or plan, but the insurer, policy,	19573
contract, or plan denies coverage or is the subject of insolvency	19574
or bankruptcy proceedings in any jurisdiction.	19575

(7) "Operation" means any procedure that involves cutting or	19576
otherwise infiltrating human tissue by mechanical means, including	19577
surgery, laser surgery, ionizing radiation, therapeutic	19578
ultrasound, or the removal of intraocular foreign bodies.	19579
"Operation" does not include the administration of medication by	19580
injection, unless the injection is administered in conjunction	19581
with a procedure infiltrating human tissue by mechanical means	19582
other than the administration of medicine by injection.	19583

(8) "Nonprofit shelter or health care facility" means a	19584
charitable nonprofit corporation organized and operated pursuant	19585
to Chapter 1702. of the Revised Code, or any charitable	19586
organization not organized and not operated for profit, that	19587
provides shelter, health care services, or shelter and health care	19588
services to indigent and uninsured persons, except that "shelter	19589
or health care facility" does not include a hospital as defined in	19590
section 3727.01 of the Revised Code, a facility licensed under	19591
Chapter 3721. of the Revised Code, or a medical facility that is	19592
operated for profit.	19593

(9) "Tort action" means a civil action for damages for	19594
injury, death, or loss to person or property other than a civil	19595
action for damages for a breach of contract or another agreement	19596
between persons or government entities.	19597

(10) "Volunteer" means an individual who provides any	19598
medical, dental, or other health-care related diagnosis, care, or	19599
treatment without the expectation of receiving and without receipt	19600
of any compensation or other form of remuneration from an indigent	19601
and uninsured person, another person on behalf of an indigent and	19602
uninsured person, any shelter or health care facility, or any	19603
other person or government entity.	19604

(B)(1) Subject to divisions (E) and (F)(3) of this section, a	19605
health care professional who is a volunteer and complies with	19606
division (B)(2) of this section is not liable in damages to any	19607
person or government entity in a tort or other civil action,	19608
including an action on a medical, dental, chiropractic,	19609
optometric, or other health-related claim, for injury, death, or	19610
loss to person or property that allegedly arises from an action or	19611
omission of the volunteer in the provision at a nonprofit shelter	19612
or health care facility to an indigent and uninsured person of	19613
medical, dental, or other health-related diagnosis, care, or	19614
treatment, including the provision of samples of medicine and	19615
other medical products, unless the action or omission constitutes	19616
willful or wanton misconduct.	19617

(2) To qualify for the immunity described in division (B)(1)	19618
of this section, a health care professional shall do all of the	19619
following prior to providing diagnosis, care, or treatment:	19620

(a) Determine, in good faith, that the indigent and uninsured	19621
person is mentally capable of giving informed consent to the	19622
provision of the diagnosis, care, or treatment and is not subject	19623
to duress or under undue influence;	19624

(b) Inform the person of the provisions of this section;

19625

(c) Obtain the informed consent of the person and a written	19626
waiver, signed by the person or by another individual on behalf of	19627
and in the presence of the person, that states that the person is	19628
mentally competent to give informed consent and, without being	19629
subject to duress or under undue influence, gives informed consent	19630
to the provision of the diagnosis, care, or treatment subject to	19631
the provisions of this section.	19632

(3) A physician or podiatrist who is not covered by medical	19633
malpractice insurance, but complies with division (B)(2) of this	19634
section, is not required to comply with division (A) of section	19635
4731.143 of the Revised Code.	19636

(C) Subject to divisions (E) and (F)(3) of this section,	19637
health care workers who are volunteers are not liable in damages	19638
to any person or government entity in a tort or other civil	19639
action, including an action upon a medical, dental, chiropractic,	19640
optometric, or other health-related claim, for injury, death, or	19641
loss to person or property that allegedly arises from an action or	19642
omission of the health care worker in the provision at a nonprofit	19643
shelter or health care facility to an indigent and uninsured	19644
person of medical, dental, or other health-related diagnosis,	19645
care, or treatment, unless the action or omission constitutes	19646
willful or wanton misconduct.	19647

(D) Subject to divisions (E) and (F)(3) of this section and	19648
section 3701.071 of the Revised Code, a nonprofit shelter or	19649
health care facility associated with a health care professional	19650
described in division (B)(1) of this section or a health care	19651
worker described in division (C) of this section is not liable in	19652
damages to any person or government entity in a tort or other	19653
civil action, including an action on a medical, dental,	19654
chiropractic, optometric, or other health-related claim, for	19655
injury, death, or loss to person or property that allegedly arises	19656
from an action or omission of the health care professional or	19657
worker in providing for the shelter or facility medical, dental,	19658
or other health-related diagnosis, care, or treatment to an	19659
indigent and uninsured person, unless the action or omission	19660
constitutes willful or wanton misconduct.	19661

(E)(1) Except as provided in division (E)(2) of this section,	19662
the immunities provided by divisions (B), (C), and (D) of this	19663
section are not available to an individual or to a nonprofit	19664
shelter or health care facility if, at the time of an alleged	19665
injury, death, or loss to person or property, the individuals	19666
involved are providing one of the following:	19667

(a) Any medical, dental, or other health-related diagnosis,	19668
care, or treatment pursuant to a community service work order	19669
entered by a court under division (F) of section 2951.02 of the	19670
Revised Code as a condition of probation or other suspension of a	19671
term of imprisonment or imposed by a court as a community control	19672
sanction pursuant to sections 2929.15 and 2929.17 of the Revised	19673
Code.	19674

(b) Performance of an operation.

19675

19676

(2) Division (E)(1) of this section does not apply to an	19677
individual who provides, or a nonprofit shelter or health care	19678
facility at which the individual provides, diagnosis, care, or	19679
treatment that is necessary to preserve the life of a person in a	19680
medical emergency.	19681

(F)(1) This section does not create a new cause of action or	19682
substantive legal right against a health care professional, health	19683
care worker, or nonprofit shelter or health care facility.	19684

(2) This section does not affect any immunities from civil	19685
liability or defenses established by another section of the	19686
Revised Code or available at common law to which an individual or	19687
a nonprofit shelter or health care facility may be entitled in	19688
connection with the provision of emergency or other diagnosis,	19689
care, or treatment.	19690

(3) This section does not grant an immunity from tort or	19691
other civil liability to an individual or a nonprofit shelter or	19692
health care facility for actions that are outside the scope of	19693
authority of health care professionals or health care workers.	19694

(4) This section does not affect any legal responsibility of	19695
a health care professional or health care worker to comply with	19696
any applicable law of this state or rule of an agency of this	19697
state.	19698

(5) This section does not affect any legal responsibility of	19699
a nonprofit shelter or health care facility to comply with any	19700
applicable law of this state, rule of an agency of this state, or	19701
local code, ordinance, or regulation that pertains to or regulates	19702
building, housing, air pollution, water pollution, sanitation,	19703
health, fire, zoning, or safety.	19704

Sec. 2329.07. If neither execution on a judgment rendered in	19705
a court of record or certified to the clerk of the court of common	19706
pleas in the county in which the judgment was rendered is issued,	19707
nor a certificate of judgment for obtaining a lien upon lands and	19708
tenements is issued and filed, as provided in sections 2329.02 and	19709
2329.04 of the Revised Code, within five years from the date of	19710
the judgment or within five years from the date of the issuance of	19711
the last execution thereon or the issuance and filing of the last	19712
such certificate, whichever is later, then, unless the judgment is	19713
in favor of the state, the judgment shall be dormant and shall not	19714
operate as a lien upon the estate of the judgment debtor.	19715

If the judgment is in favor of the state, the judgment shall	19716
not become dormant and shall not cease to operate as a lien	19717
against the estate of the judgment debtor ~~unless neither such~~	19718
provided that either execution on the judgment is issued ~~nor such~~	19719
or a certificate of judgment is issued and filed, as provided in	19720
sections 2329.02 and 2329.04 of the Revised Code, within ten years	19721
from the date of the judgment ~~or within ten years from the date of~~	19722
~~the issuance of the last execution thereon or the issuance and~~	19723
~~filing of the last such certificate, whichever is later~~.	19724

If, in any county other than that in which a judgment was	19725
rendered, the judgment has become a lien by reason of the filing,	19726
in the office of the clerk of the court of common pleas of that	19727
county, of a certificate of the judgment as provided in sections	19728
2329.02 and 2329.04 of the Revised Code, and if no execution is	19729
issued for the enforcement of the judgment within that county, or	19730
no further certificate of the judgment is filed in that county,	19731
within five years ~~or, if the judgment is in favor of the state,~~	19732
~~within ten years~~ from the date of issuance of the last execution	19733
for the enforcement of the judgment within that county or the date	19734
of filing of the last certificate in that county, whichever is the	19735
later, then the judgment shall cease to operate as a lien upon	19736
lands and tenements of the judgment debtor within that county,	19737
unless the judgment is in favor of the state, in which case the	19738
judgment shall not become dormant.	19739

~~This section applies to judgments in favor of the state.~~

19740

Sec. 2329.66. (A) Every person who is domiciled in this	19741
state may hold property exempt from execution, garnishment,	19742
attachment, or sale to satisfy a judgment or order, as follows:	19743

(1)(a) In the case of a judgment or order regarding money	19744
owed for health care services rendered or health care supplies	19745
provided to the person or a dependent of the person, one parcel or	19746
item of real or personal property that the person or a dependent	19747
of the person uses as a residence. Division (A)(1)(a) of this	19748
section does not preclude, affect, or invalidate the creation	19749
under this chapter of a judgment lien upon the exempted property	19750
but only delays the enforcement of the lien until the property is	19751
sold or otherwise transferred by the owner or in accordance with	19752
other applicable laws to a person or entity other than the	19753
surviving spouse or surviving minor children of the judgment	19754
debtor. Every person who is domiciled in this state may hold	19755
exempt from a judgment lien created pursuant to division (A)(1)(a)	19756
of this section the person's interest, not to exceed five thousand	19757
dollars, in the exempted property.	19758

(b) In the case of all other judgments and orders, the	19759
person's interest, not to exceed five thousand dollars, in one	19760
parcel or item of real or personal property that the person or a	19761
dependent of the person uses as a residence.	19762

(2) The person's interest, not to exceed one thousand	19763
dollars, in one motor vehicle;	19764

(3) The person's interest, not to exceed two hundred dollars	19765
in any particular item, in wearing apparel, beds, and bedding, and	19766
the person's interest, not to exceed three hundred dollars in each	19767
item, in one cooking unit and one refrigerator or other food	19768
preservation unit;	19769

(4)(a) The person's interest, not to exceed four hundred	19770
dollars, in cash on hand, money due and payable, money to become	19771
due within ninety days, tax refunds, and money on deposit with a	19772
bank, savings and loan association, credit union, public utility,	19773
landlord, or other person. Division (A)(4)(a) of this section	19774
applies only in bankruptcy proceedings. This exemption may include	19775
the portion of personal earnings that is not exempt under division	19776
(A)(13) of this section.	19777

(b) Subject to division (A)(4)(d) of this section, the	19778
person's interest, not to exceed two hundred dollars in any	19779
particular item, in household furnishings, household goods,	19780
appliances, books, animals, crops, musical instruments, firearms,	19781
and hunting and fishing equipment, that are held primarily for the	19782
personal, family, or household use of the person;	19783

(c) Subject to division (A)(4)(d) of this section, the	19784
person's interest in one or more items of jewelry, not to exceed	19785
four hundred dollars in one item of jewelry and not to exceed two	19786
hundred dollars in every other item of jewelry;	19787

(d) Divisions (A)(4)(b) and (c) of this section do not	19788
include items of personal property listed in division (A)(3) of	19789
this section.	19790

If the person does not claim an exemption under division	19791
(A)(1) of this section, the total exemption claimed under division	19792
(A)(4)(b) of this section shall be added to the total exemption	19793
claimed under division (A)(4)(c) of this section, and the total	19794
shall not exceed two thousand dollars. If the person claims an	19795
exemption under division (A)(1) of this section, the total	19796
exemption claimed under division (A)(4)(b) of this section shall	19797
be added to the total exemption claimed under division (A)(4)(c)	19798
of this section, and the total shall not exceed one thousand five	19799
hundred dollars.	19800

(5) The person's interest, not to exceed an aggregate of	19801
seven hundred fifty dollars, in all implements, professional	19802
books, or tools of the person's profession, trade, or business,	19803
including agriculture;	19804

(6)(a) The person's interest in a beneficiary fund set apart,	19805
appropriated, or paid by a benevolent association or society, as	19806
exempted by section 2329.63 of the Revised Code;	19807

(b) The person's interest in contracts of life or endowment	19808
insurance or annuities, as exempted by section 3911.10 of the	19809
Revised Code;	19810

(c) The person's interest in a policy of group insurance or	19811
the proceeds of a policy of group insurance, as exempted by	19812
section 3917.05 of the Revised Code;	19813

(d) The person's interest in money, benefits, charity,	19814
relief, or aid to be paid, provided, or rendered by a fraternal	19815
benefit society, as exempted by section 3921.18 of the Revised	19816
Code;	19817

(e) The person's interest in the portion of benefits under	19818
policies of sickness and accident insurance and in lump sum	19819
payments for dismemberment and other losses insured under those	19820
policies, as exempted by section 3923.19 of the Revised Code.	19821

(7) The person's professionally prescribed or medically	19822
necessary health aids;	19823

(8) The person's interest in a burial lot, including, but not	19824
limited to, exemptions under section 517.09 or 1721.07 of the	19825
Revised Code;	19826

(9) The person's interest in the following:

19827

(a) Moneys paid or payable for living maintenance or rights,	19828
as exempted by section 3304.19 of the Revised Code;	19829

(b) Workers' compensation, as exempted by section 4123.67 of	19830
the Revised Code;	19831

(c) Unemployment compensation benefits, as exempted by	19832
section 4141.32 of the Revised Code;	19833

(d) Cash assistance payments under the Ohio works first	19834
program, as exempted by section 5107.75 of the Revised Code;	19835

(e) Benefits and services under the prevention, retention,	19836
and contingency program, as exempted by section 5108.08 of the	19837
Revised Code;	19838

(f) Disability financial assistance payments, as exempted by	19839
section ~~5115.07~~5115.06 of the Revised Code.	19840

(10)(a) Except in cases in which the person was convicted of	19841
or pleaded guilty to a violation of section 2921.41 of the Revised	19842
Code and in which an order for the withholding of restitution from	19843
payments was issued under division (C)(2)(b) of that section or in	19844
cases in which an order for withholding was issued under section	19845
2907.15 of the Revised Code, and only to the extent provided in	19846
the order, and except as provided in sections 3105.171, 3105.63,	19847
3119.80, 3119.81, 3121.02, 3121.03, and 3123.06 of the Revised	19848
Code, the person's right to a pension, benefit, annuity,	19849
retirement allowance, or accumulated contributions, the person's	19850
right to a participant account in any deferred compensation	19851
program offered by the Ohio public employees deferred compensation	19852
board, a government unit, or a municipal corporation, or the	19853
person's other accrued or accruing rights, as exempted by section	19854
145.56, 146.13, 148.09, 742.47, 3307.41, 3309.66, or 5505.22 of	19855
the Revised Code, and the person's right to benefits from the Ohio	19856
public safety officers death benefit fund;	19857

(b) Except as provided in sections 3119.80, 3119.81, 3121.02,	19858
3121.03, and 3123.06 of the Revised Code, the person's right to	19859
receive a payment under any pension, annuity, or similar plan or	19860
contract, not including a payment from a stock bonus or	19861
profit-sharing plan or a payment included in division (A)(6)(b) or	19862
(10)(a) of this section, on account of illness, disability, death,	19863
age, or length of service, to the extent reasonably necessary for	19864
the support of the person and any of the person's dependents,	19865
except if all the following apply:	19866

(i) The plan or contract was established by or under the	19867
auspices of an insider that employed the person at the time the	19868
person's rights under the plan or contract arose.	19869

(ii) The payment is on account of age or length of service.

19870

(iii) The plan or contract is not qualified under the	19871
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as	19872
amended.	19873

(c) Except for any portion of the assets that were deposited	19874
for the purpose of evading the payment of any debt and except as	19875
provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and	19876
3123.06 of the Revised Code, the person's right in the assets held	19877
in, or to receive any payment under, any individual retirement	19878
account, individual retirement annuity, "Roth IRA," or education	19879
individual retirement account that provides benefits by reason of	19880
illness, disability, death, or age, to the extent that the assets,	19881
payments, or benefits described in division (A)(10)(c) of this	19882
section are attributable to any of the following:	19883

(i) Contributions of the person that were less than or equal	19884
to the applicable limits on deductible contributions to an	19885
individual retirement account or individual retirement annuity in	19886
the year that the contributions were made, whether or not the	19887
person was eligible to deduct the contributions on the person's	19888
federal tax return for the year in which the contributions were	19889
made;	19890

(ii) Contributions of the person that were less than or equal	19891
to the applicable limits on contributions to a Roth IRA or	19892
education individual retirement account in the year that the	19893
contributions were made;	19894

(iii) Contributions of the person that are within the	19895
applicable limits on rollover contributions under subsections 219,	19896
402(c), 403(a)(4), 403(b)(8), 408(b), 408(d)(3), 408A(c)(3)(B),	19897
408A(d)(3), and 530(d)(5) of the "Internal Revenue Code of 1986,"	19898
100 Stat. 2085, 26 U.S.C.A. 1, as amended.	19899

(d) Except for any portion of the assets that were deposited	19900
for the purpose of evading the payment of any debt and except as	19901
provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and	19902
3123.06 of the Revised Code, the person's right in the assets held	19903
in, or to receive any payment under, any Keogh or "H.R. 10" plan	19904
that provides benefits by reason of illness, disability, death, or	19905
age, to the extent reasonably necessary for the support of the	19906
person and any of the person's dependents.	19907

(11) The person's right to receive spousal support, child	19908
support, an allowance, or other maintenance to the extent	19909
reasonably necessary for the support of the person and any of the	19910
person's dependents;	19911

(12) The person's right to receive, or moneys received during	19912
the preceding twelve calendar months from, any of the following:	19913

(a) An award of reparations under sections 2743.51 to 2743.72	19914
of the Revised Code, to the extent exempted by division (D) of	19915
section 2743.66 of the Revised Code;	19916

(b) A payment on account of the wrongful death of an	19917
individual of whom the person was a dependent on the date of the	19918
individual's death, to the extent reasonably necessary for the	19919
support of the person and any of the person's dependents;	19920

(c) Except in cases in which the person who receives the	19921
payment is an inmate, as defined in section 2969.21 of the Revised	19922
Code, and in which the payment resulted from a civil action or	19923
appeal against a government entity or employee, as defined in	19924
section 2969.21 of the Revised Code, a payment, not to exceed five	19925
thousand dollars, on account of personal bodily injury, not	19926
including pain and suffering or compensation for actual pecuniary	19927
loss, of the person or an individual for whom the person is a	19928
dependent;	19929

(d) A payment in compensation for loss of future earnings of	19930
the person or an individual of whom the person is or was a	19931
dependent, to the extent reasonably necessary for the support of	19932
the debtor and any of the debtor's dependents.	19933

(13) Except as provided in sections 3119.80, 3119.81,	19934
3121.02, 3121.03, and 3123.06 of the Revised Code, personal	19935
earnings of the person owed to the person for services in an	19936
amount equal to the greater of the following amounts:	19937

(a) If paid weekly, thirty times the current federal minimum	19938
hourly wage; if paid biweekly, sixty times the current federal	19939
minimum hourly wage; if paid semimonthly, sixty-five times the	19940
current federal minimum hourly wage; or if paid monthly, one	19941
hundred thirty times the current federal minimum hourly wage that	19942
is in effect at the time the earnings are payable, as prescribed	19943
by the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29	19944
U.S.C. 206(a)(1), as amended;	19945

(b) Seventy-five per cent of the disposable earnings owed to	19946
the person.	19947

(14) The person's right in specific partnership property, as	19948
exempted by division (B)(3) of section 1775.24 of the Revised	19949
Code;	19950

(15) A seal and official register of a notary public, as	19951
exempted by section 147.04 of the Revised Code;	19952

(16) The person's interest in a tuition credit or a payment	19953
under section 3334.09 of the Revised Code pursuant to a tuition	19954
credit contract, as exempted by section 3334.15 of the Revised	19955
Code;	19956

(17) Any other property that is specifically exempted from	19957
execution, attachment, garnishment, or sale by federal statutes	19958
other than the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11	19959
U.S.C.A. 101, as amended;	19960

(18) The person's interest, not to exceed four hundred	19961
dollars, in any property, except that division (A)(18) of this	19962
section applies only in bankruptcy proceedings.	19963

(B) As used in this section:

19964

(1) "Disposable earnings" means net earnings after the	19965
garnishee has made deductions required by law, excluding the	19966
deductions ordered pursuant to section 3119.80, 3119.81, 3121.02,	19967
3121.03, or 3123.06 of the Revised Code.	19968

(2) "Insider" means:

19969

(a) If the person who claims an exemption is an individual, a	19970
relative of the individual, a relative of a general partner of the	19971
individual, a partnership in which the individual is a general	19972
partner, a general partner of the individual, or a corporation of	19973
which the individual is a director, officer, or in control;	19974

(b) If the person who claims an exemption is a corporation, a	19975
director or officer of the corporation; a person in control of the	19976
corporation; a partnership in which the corporation is a general	19977
partner; a general partner of the corporation; or a relative of a	19978
general partner, director, officer, or person in control of the	19979
corporation;	19980

(c) If the person who claims an exemption is a partnership, a	19981
general partner in the partnership; a general partner of the	19982
partnership; a person in control of the partnership; a partnership	19983
in which the partnership is a general partner; or a relative in, a	19984
general partner of, or a person in control of the partnership;	19985

(d) An entity or person to which or whom any of the following	19986
applies:	19987

(i) The entity directly or indirectly owns, controls, or	19988
holds with power to vote, twenty per cent or more of the	19989
outstanding voting securities of the person who claims an	19990
exemption, unless the entity holds the securities in a fiduciary	19991
or agency capacity without sole discretionary power to vote the	19992
securities or holds the securities solely to secure to debt and	19993
the entity has not in fact exercised the power to vote.	19994

(ii) The entity is a corporation, twenty per cent or more of	19995
whose outstanding voting securities are directly or indirectly	19996
owned, controlled, or held with power to vote, by the person who	19997
claims an exemption or by an entity to which division (B)(2)(d)(i)	19998
of this section applies.	19999

(iii) A person whose business is operated under a lease or	20000
operating agreement by the person who claims an exemption, or a	20001
person substantially all of whose business is operated under an	20002
operating agreement with the person who claims an exemption.	20003

(iv) The entity operates the business or all or substantially	20004
all of the property of the person who claims an exemption under a	20005
lease or operating agreement.	20006

(e) An insider, as otherwise defined in this section, of a	20007
person or entity to which division (B)(2)(d)(i), (ii), (iii), or	20008
(iv) of this section applies, as if the person or entity were a	20009
person who claims an exemption;	20010

(f) A managing agent of the person who claims an exemption.

20011

(3) "Participant account" has the same meaning as in section	20012
148.01 of the Revised Code.	20013

(4) "Government unit" has the same meaning as in section	20014
148.06 of the Revised Code.	20015

(C) For purposes of this section, "interest" shall be	20016
determined as follows:	20017

(1) In bankruptcy proceedings, as of the date a petition is	20018
filed with the bankruptcy court commencing a case under Title 11	20019
of the United States Code;	20020

(2) In all cases other than bankruptcy proceedings, as of the	20021
date of an appraisal, if necessary under section 2329.68 of the	20022
Revised Code, or the issuance of a writ of execution.	20023

An interest, as determined under division (C)(1) or (2) of	20024
this section, shall not include the amount of any lien otherwise	20025
valid pursuant to section 2329.661 of the Revised Code.	20026

Sec. 2335.39. (A) As used in this section:

20027

(1) "Court" means any court of record.

20028

(2) "Eligible party" means a party to an action or appeal	20029
involving the state, other than the following:	20030

(a) The state;

20031

(b) An individual whose net worth exceeded one million	20032
dollars at the time the action or appeal was filed;	20033

(c) A sole owner of an unincorporated business that had, or a	20034
partnership, corporation, association, or organization that had, a	20035
net worth exceeding five million dollars at the time the action or	20036
appeal was filed, except that an organization that is described in	20037
subsection 501(c)(3) and is tax exempt under subsection 501(a) of	20038
the Internal Revenue Code shall not be excluded as an eligible	20039
party under this division because of its net worth;	20040

(d) A sole owner of an unincorporated business that employed,	20041
or a partnership, corporation, association, or organization that	20042
employed, more than five hundred persons at the time the action or	20043
appeal was filed.	20044

(3) "Fees" means reasonable attorney's fees, in an amount not	20045
to exceed seventy-five dollars per hour or a higher hourly fee	20046
approved by the court.	20047

(4) "Internal Revenue Code" means the "Internal Revenue Code	20048
of 1954," 68A Stat. 3, 26 U.S.C. 1, as amended.	20049

(5) "Prevailing eligible party" means an eligible party that	20050
prevails in an action or appeal involving the state.	20051

(6) "State" has the same meaning as in section 2743.01 of the	20052
Revised Code.	20053

(B)(1) Except as provided in divisions (B)(2) and (F) of this	20054
section, in a civil action, or appeal of a judgment in a civil	20055
action, to which the state is a party, or in an appeal of an	20056
adjudication order of an agency pursuant to section 119.12 of the	20057
Revised Code, the prevailing eligible party is entitled, upon	20058
filing a motion in accordance with this division, to compensation	20059
for fees incurred by that party in connection with the action or	20060
appeal. Compensation, when payable to a prevailing eligible party	20061
under this section, is in addition to any other costs and expenses	20062
that may be awarded to that party by the court pursuant to law or	20063
rule.	20064

A prevailing eligible party that desires an award of	20065
compensation for fees shall file a motion requesting the award	20066
with the court within thirty days after the court enters final	20067
judgment in the action or appeal. The motion shall do all of the	20068
following:	20069

(a) Identify the party;

20070

(b) Indicate that the party is the prevailing eligible party	20071
and is entitled to receive an award of compensation for fees;	20072

(c) Include a statement that the state's position in	20073
initiating the matter in controversy was not substantially	20074
justified;	20075

(d) Indicate the amount sought as an award;

20076

(e) Itemize all fees sought in the requested award. The	20077
itemization shall include a statement from any attorney who	20078
represented the prevailing eligible party, that indicates the fees	20079
charged, the actual time expended, and the rate at which the fees	20080
were calculated.	20081

(2) Upon the filing of a motion under this section, the court	20082
shall review the request for the award of compensation for fees	20083
and determine whether the position of the state in initiating the	20084
matter in controversy was substantially justified, whether special	20085
circumstances make an award unjust, and whether the prevailing	20086
eligible party engaged in conduct during the course of the action	20087
or appeal that unduly and unreasonably protracted the final	20088
resolution of the matter in controversy. The court shall issue an	20089
order, in writing, on the motion of the prevailing eligible party,	20090
which order shall include a statement indicating whether an award	20091
has been granted, the findings and conclusions underlying it, the	20092
reasons or bases for the findings and conclusions, and, if an	20093
award has been granted, its amount. The order shall be included in	20094
the record of the action or appeal, and the clerk of the court	20095
shall mail a certified copy of it to the state and the prevailing	20096
eligible party.	20097

With respect to a motion under this section, the state has	20098
the burden of proving that its position in initiating the matter	20099
in controversy was substantially justified, that special	20100
circumstances make an award unjust, or that the prevailing	20101
eligible party engaged in conduct during the course of the action	20102
or appeal that unduly and unreasonably protracted the final	20103
resolution of the matter in controversy.	20104

A court considering a motion under this section may deny an	20105
award entirely, or reduce the amount of an award that otherwise	20106
would be payable, to a prevailing eligible party only as follows:	20107

(a) If the court determines that the state has sustained its	20108
burden of proof that its position in initiating the matter in	20109
controversy was substantially justified or that special	20110
circumstances make an award unjust, the motion shall be denied;	20111

(b) If the court determines that the state has sustained its	20112
burden of proof that the prevailing eligible party engaged in	20113
conduct during the course of the action or appeal that unduly and	20114
unreasonably protracted the final resolution of the matter in	20115
controversy, the court may reduce the amount of an award, or deny	20116
an award, to that party to the extent of that conduct.	20117

An order of a court considering a motion under this section	20118
is appealable as in other cases, by a prevailing eligible party	20119
that is denied an award or receives a reduced award. If the case	20120
is an appeal of the adjudication order of an agency pursuant to	20121
section 119.12 of the Revised Code, the agency may appeal an order	20122
granting an award. The order of the court may be modified by the	20123
appellate court only if it finds that the grant or the failure to	20124
grant an award, or the calculation of the amount of an award,	20125
involved an abuse of discretion.	20126

(C) Compensation for fees awarded to a prevailing eligible	20127
party under this section may be paid by the specific branch of the	20128
state government or the state department, board, office,	20129
commission, agency, institution, or other instrumentality over	20130
which the party prevailed in the action or appeal from any funds	20131
available to it for payment of such compensation. If compensation	20132
is not paid from such funds or such funds are not available, upon	20133
the filing of the court's order in favor of the prevailing	20134
eligible party with the clerk of the court of claims, the order	20135
shall be treated as if it were a judgment under Chapter 2743. of	20136
the Revised Code and be payable in accordance with the procedures	20137
specified in section 2743.19 of the Revised Code, except that	20138
interest shall not be paid in relation to the award.	20139

(D) If compensation for fees is awarded under this section to	20140
a prevailing eligible party that is appealing an agency	20141
adjudication order pursuant to section 119.12 of the Revised Code,	20142
it shall include the fees incurred in the appeal and, if requested	20143
in the motion, the fees incurred by the party in the adjudication	20144
hearing conducted under Chapter 119. of the Revised Code. A motion	20145
containing such a request shall itemize, in the manner described	20146
in division (B)(1)(e) of section 119.092 of the Revised Code, the	20147
fees, as defined in that section, that are sought in an award.	20148

(E) Each court that orders during any fiscal year	20149
compensation for fees to be paid to a prevailing eligible party	20150
pursuant to this section shall prepare a report for that year. The	20151
report shall be completed no later than the first day of October	20152
of the fiscal year following the fiscal year covered by the	20153
report, and copies of it shall be filed with the general assembly.	20154
It shall contain the following information:	20155

(1) The total amount and total number of awards of	20156
compensation for fees required to be paid to prevailing eligible	20157
parties;	20158

(2) The amount and nature of each individual award ordered;

20159

(3) Any other information that may aid the general assembly	20160
in evaluating the scope and impact of awards of compensation for	20161
fees.	20162

(F) The provisions of this section do not apply in	20163
~~appropriation~~any of the following:	20164

(1) Appropriation proceedings under Chapter 163. of the	20165
Revised Code; ~~in civil~~	20166

(2) Civil actions or appeals of civil actions that involve	20167
torts; ~~or in an~~	20168

(3) An appeal pursuant to section 119.12 of the Revised Code	20169
that involves anany of the following:	20170

(a) An adjudication order entered after a hearing described	20171
in division (F) of section 119.092 of the Revised Code~~, or that~~	20172
~~involves a~~;	20173

(b) A prevailing eligible party represented in the appeal by	20174
an attorney who was paid pursuant to an appropriation by the	20175
federal or state government or a local government;	20176

(c) An administrative appeal decision made under section	20177
5101.35 of the Revised Code.	20178

Sec. 2505.13. If a supersedeas bond has been executed and	20179
filed and the surety is one other than a surety company, the clerk	20180
of the court with which the bond has been filed, upon request,	20181
shall issue a certificate that sets forth the fact that the bond	20182
has been filed and that states the style and number of the appeal,	20183
the amount of the bond, and the sureties on it. Such a certificate	20184
may be filed in the office of the county recorder of any county in	20185
which the sureties may own land, and, when filed, the bond shall	20186
be a lien upon the land of the sureties in such county. The lien	20187
shall be extinguished upon the satisfaction, reversal, or vacation	20188
of the final order, judgment, or decree involved, or by an order	20189
of the court that entered the final order, judgment, or decree,	20190
that releases the lien or releases certain land from the operation	20191
of the lien.	20192

The clerk, upon request, shall issue a notice of discharge of	20193
such a lien, which may be filed in the office of any recorder in	20194
whose office the certificate of lien was filed. Such notice shall	20195
state that the final order, judgment, or decree involved is	20196
satisfied, reversed, or vacated, or that an order has been entered	20197
that releases the lien or certain land from the operation of the	20198
lien. Such recorder shall properly keep and file such certificates	20199
and notices as are filed with ~~him~~the recorder and shall index	20200
them in the book or record provided for in section 2937.27 of the	20201
Revised Code.	20202

The fee for issuing such a certificate or notice shall be as	20203
provided by law, and shall be taxed as part of the costs of the	20204
appeal. A county recorder shall receive a base fee of fifty cents	20205
for filing and indexing such a certificate, which fee shall cover	20206
the filing and the entering on the index of ~~such a~~the notice and	20207
a housing trust fund fee of fifty cents pursuant to section 317.36	20208
of the Revised Code.	20209

Sec. 2715.041. (A) Upon the filing of a motion for an order	20210
of attachment pursuant to section 2715.03 of the Revised Code, the	20211
plaintiff shall file with the clerk of the court a praecipe	20212
instructing the clerk to issue to the defendant against whom the	20213
motion was filed a notice of the proceeding. Upon receipt of the	20214
praecipe, the clerk shall issue the notice which shall be in	20215
substantially the following form:	20216

	"(Name and Address of Court)		20217
	Case No...................		20218

(Case Caption)

20219

NOTICE

20220

You are hereby notified that (name and address of plaintiff),	20221
the plaintiff in this proceeding, has applied to this court for	20222
the attachment of property in your possession. The basis for this	20223
application is indicated in the documents that are enclosed with	20224
this notice.	20225

The law of Ohio and the United States provides that certain	20226
benefit payments cannot be taken from you to pay a debt. Typical	20227
among the benefits that cannot be attached or executed on by a	20228
creditor are:	20229

(1) Workers' compensation benefits;

20230

(2) Unemployment compensation payments;

20231

(3) Cash assistance payments under the Ohio works first	20232
program;	20233

(4) Benefits and services under the prevention, retention,	20234
and contingency program;	20235

(5) Disability financial assistance administered by the Ohio	20236
department of job and family services;	20237

(6) Social security benefits;

20238

(7) Supplemental security income (S.S.I.);

20239

(8) Veteran's benefits;

20240

(9) Black lung benefits;

20241

(10) Certain pensions.

20242

Additionally, your wages never can be taken to pay a debt	20243
until a judgment has been obtained against you. There may be other	20244
benefits not included in this list that apply in your case.	20245

If you dispute the plaintiff's claim and believe that you are	20246
entitled to retain possession of the property because it is exempt	20247
or for any other reason, you may request a hearing before this	20248
court by disputing the claim in the request for hearing form	20249
appearing below, or in a substantially similar form, and	20250
delivering the request for the hearing to this court, at the	20251
office of the clerk of this court, not later than the end of the	20252
fifth business day after you receive this notice. You may state	20253
your reasons for disputing the claim in the space provided on the	20254
form, but you are not required to do so. If you do state your	20255
reasons for disputing the claim in the space provided on the form,	20256
you are not prohibited from stating any other reasons at the	20257
hearing, and if you do not state your reasons, it will not be held	20258
against you by the court and you can state your reasons at the	20259
hearing.	20260

If you request a hearing, it will be conducted in	20261
................... courtroom ........, (address of court), at	20262
.............m. on ............., .....	20263

You may avoid having a hearing but retain possession of the	20264
property until the entry of final judgment in the action by filing	20265
with the court, at the office of the clerk of this court, not	20266
later than the end of the fifth business day after you receive	20267
this notice, a bond executed by an acceptable surety in the amount	20268
of $............	20269

If you do not request a hearing or file a bond on or before	20270
the end of the fifth business day after you receive this notice,	20271
the court, without further notice to you, may order a law	20272
enforcement officer or bailiff to take possession of the property.	20273
Notice of the dates, times, places, and purposes of any subsequent	20274
hearings and of the date, time, and place of the trial of the	20275
action will be sent to you.	20276

	..................................		20277
	Clerk of Court		20278
	Date:........................"		20279

(B) Along with the notice required by division (A) of this	20280
section, the clerk of the court also shall deliver to the	20281
defendant, in accordance with division (C) of this section, a	20282
request for hearing form together with a postage-paid,	20283
self-addressed envelope or a request for hearing form on a	20284
postage-paid, self-addressed postcard. The request for hearing	20285
shall be in substantially the following form:	20286

"(Name and Address of Court)

20287

Case Number ....................

Date .......................

20288

REQUEST FOR HEARING

20289

I dispute the claim for the attachment of property in the	20290
above case and request that a hearing in this matter be held at	20291
the time and place set forth in the notice that I previously	20292
received.	20293

I dispute the claim for the following reasons:

20294

................................................................

20295

(Optional)

20296

................................................................

20297

................................................................

20298

	.............................		20299
	(Name of Defendant)		20300
	............................		20301
	(Signature)		20302
	............................		20303
	(Date)		20304

WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR A	20305
REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE CLERK	20306
OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT OF IT,	20307
YOU WAIVE YOUR RIGHT TO A HEARING AT THIS TIME AND YOU MAY BE	20308
REQUIRED TO GIVE UP THE PROPERTY SOUGHT WITHOUT A HEARING."	20309

(C) The notice required by division (A) of this section shall	20310
be served on the defendant in duplicate not less than seven	20311
business days prior to the date on which the hearing is scheduled,	20312
together with a copy of the complaint and summons, if not	20313
previously served, and a copy of the motion for the attachment of	20314
property and the affidavit attached to the motion, in the same	20315
manner as provided in the Rules of Civil Procedure for the service	20316
of process. Service may be effected by publication as provided in	20317
the Rules of Civil Procedure except that the number of weeks for	20318
publication may be reduced by the court to the extent appropriate.	20319

Sec. 2715.045. (A) Upon the filing of a motion for	20320
attachment, a court may issue an order of attachment without	20321
issuing notice to the defendant against whom the motion was filed	20322
and without conducting a hearing if the court finds that there is	20323
probable cause to support the motion and that the plaintiff that	20324
filed the motion for attachment will suffer irreparable injury if	20325
the order is delayed until the defendant against whom the motion	20326
has been filed has been given the opportunity for a hearing. The	20327
court's findings shall be based upon the motion and affidavit	20328
filed pursuant to section 2715.03 of the Revised Code and any	20329
other relevant evidence that it may wish to consider.	20330

(B) A finding by the court that the plaintiff will suffer	20331
irreparable injury may be made only if the court finds the	20332
existence of either of the following circumstances:	20333

(1) There is present danger that the property will be	20334
immediately disposed of, concealed, or placed beyond the	20335
jurisdiction of the court.	20336

(2) The value of the property will be impaired substantially	20337
if the issuance of an order of attachment is delayed.	20338

(C)(1) Upon the issuance by a court of an order of attachment	20339
without notice and hearing pursuant to this section, the plaintiff	20340
shall file the order with the clerk of the court, together with a	20341
praecipe instructing the clerk to issue to the defendant against	20342
whom the order was issued a copy of the motion, affidavit, and	20343
order of attachment, and a notice that an order of attachment was	20344
issued and that the defendant has a right to a hearing on the	20345
matter. The clerk then immediately shall serve upon the defendant,	20346
in the manner provided by the Rules of Civil Procedure for service	20347
of process, a copy of the complaint and summons, if not previously	20348
served, a copy of the motion, affidavit, and order of attachment,	20349
and the following notice:	20350

"(Name and Address of the Court)

20351

(Case Caption)

Case No. ........................

20352

NOTICE

20353

You are hereby notified that this court has issued an order	20354
in the above case in favor of (name and address of plaintiff), the	20355
plaintiff in this proceeding, directing that property now in your	20356
possession, be taken from you. This order was issued on the basis	20357
of the plaintiff's claim against you as indicated in the documents	20358
that are enclosed with this notice.	20359

The law of Ohio and the United States provides that certain	20360
benefit payments cannot be taken from you to pay a debt. Typical	20361
among the benefits that cannot be attached or executed on by a	20362
creditor are:	20363

(1) Workers' compensation benefits;

20364

(2) Unemployment compensation payments;

20365

(3) Cash assistance payments under the Ohio works first	20366
program;	20367

(4) Benefits and services under the prevention, retention,	20368
and contingency program;	20369

(5) Disability financial assistance administered by the Ohio	20370
department of job and family services;	20371

(6) Social security benefits;

20372

(7) Supplemental security income (S.S.I.);

20373

(8) Veteran's benefits;

20374

(9) Black lung benefits;

20375

(10) Certain pensions.

20376

Additionally, your wages never can be taken to pay a debt	20377
until a judgment has been obtained against you. There may be other	20378
benefits not included in this list that apply in your case.	20379

If you dispute the plaintiff's claim and believe that you are	20380
entitled to possession of the property because it is exempt or for	20381
any other reason, you may request a hearing before this court by	20382
disputing the claim in the request for hearing form, appearing	20383
below, or in a substantially similar form, and delivering the	20384
request for hearing to this court at the above address, at the	20385
office of the clerk of this court, no later than the end of the	20386
fifth business day after you receive this notice. You may state	20387
your reasons for disputing the claim in the space provided on the	20388
form; however, you are not required to do so. If you do state your	20389
reasons for disputing the claim, you are not prohibited from	20390
stating any other reasons at the hearing, and if you do not state	20391
your reasons, it will not be held against you by the court and you	20392
can state your reasons at the hearing. If you request a hearing,	20393
it will be held within three business days after delivery of your	20394
request for hearing and notice of the date, time, and place of the	20395
hearing will be sent to you.	20396

You may avoid a hearing but recover and retain possession of	20397
the property until the entry of final judgment in the action by	20398
filing with the court, at the office of the clerk of this court,	20399
not later than the end of the fifth business day after you receive	20400
this notice, a bond executed by an acceptable surety in the amount	20401
of $.........	20402

If you do not request a hearing or file a bond before the end	20403
of the fifth business day after you receive this notice,	20404
possession of the property will be withheld from you during the	20405
pendency of the action. Notice of the dates, times, places, and	20406
purposes of any subsequent hearings and of the date, time, and	20407
place of the trial of the action will be sent to you.	20408

	..............................		20409
	Clerk of the Court		20410
	..............................		20411
	Date"		20412

(2) Along with the notice required by division (C)(1) of this	20413
section, the clerk of the court also shall deliver to the	20414
defendant a request for hearing form together with a postage-paid,	20415
self-addressed envelope or a request for hearing form on a	20416
postage-paid, self-addressed postcard. The request for hearing	20417
shall be in substantially the following form:	20418

"(Name and Address of Court)

20419

Case Number .....................

Date ........................

20420

REQUEST FOR HEARING

20421

I dispute the claim for possession of property in the above	20422
case and request that a hearing in this matter be held within	20423
three business days after delivery of this request to the court.	20424

I dispute the claim for the following reasons:

20425

..................................................................

20426

(Optional)

20427

..................................................................

20428

..................................................................

20429

	..............................		20430
	(Name of Defendant)		20431
	..............................		20432
	(Signature)		20433
	..............................		20434
	(Date)		20435

WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR A	20436
REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE CLERK	20437
OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT OF IT,	20438
YOU WAIVE YOUR RIGHT TO A HEARING AND POSSESSION OF THE PROPERTY	20439
WILL BE WITHHELD FROM YOU DURING THE PENDENCY OF THE ACTION."	20440

(D) The defendant may receive a hearing in accordance with	20441
section 2715.043 of the Revised Code by delivering a written	20442
request for hearing to the court within five business days after	20443
receipt of the notice provided pursuant to division (C) of this	20444
section. The request may set forth the defendant's reasons for	20445
disputing the plaintiff's claim for possession of property.	20446
However, neither the defendant's inclusion of nor failure to	20447
include such reasons upon the request constitutes a waiver of any	20448
defense of the defendant or affects the defendant's right to	20449
produce evidence at any hearing or at the trial of the action. If	20450
the request is made by the defendant, the court shall schedule a	20451
hearing within three business days after the request is made, send	20452
notice to the parties of the date, time, and place of the hearing,	20453
and hold the hearing accordingly.	20454

(E) If, after hearing, the court finds that there is not	20455
probable cause to support the motion, it shall order that the	20456
property be redelivered to the defendant without the condition of	20457
bond.	20458

Sec. 2716.13. (A) Upon the filing of a proceeding in	20459
garnishment of property, other than personal earnings, under	20460
section 2716.11 of the Revised Code, the court shall cause the	20461
matter to be set for hearing within twelve days after that filing.	20462

(B) Upon the scheduling of a hearing relative to a proceeding	20463
in garnishment of property, other than personal earnings, under	20464
division (A) of this section, the clerk of the court immediately	20465
shall issue to the garnishee three copies of the order of	20466
garnishment of property, other than personal earnings, and of a	20467
written notice that the garnishee answer as provided in section	20468
2716.21 of the Revised Code and the garnishee's fee required by	20469
section 2716.12 of the Revised Code. The copies of the order and	20470
of the notice shall be served upon the garnishee in the same	20471
manner as a summons is served. The copies of the order and of the	20472
notice shall not be served later than seven days prior to the date	20473
on which the hearing is scheduled. The order shall bind the	20474
property, other than personal earnings, of the judgment debtor in	20475
the possession of the garnishee at the time of service.	20476

The order of garnishment of property, other than personal	20477
earnings, and notice to answer shall be in substantially the	20478
following form:	20479

"ORDER AND NOTICE OF GARNISHMENT

20480

OF PROPERTY OTHER THAN PERSONAL EARNINGS

20481

AND ANSWER OF GARNISHEE

20482

	Docket No. ...................		20483
	Case No. .....................		20484
	In the ................. Court		20485
	........................, Ohio		20486

The State of Ohio

20487

County of ............, ss

20488

..................., Judgment Creditor

20489

vs.

20490

..................., Judgment Debtor

20491

SECTION A. COURT ORDER AND NOTICE OF GARNISHMENT

20492

To: ...................., Garnishee

20493

The judgment creditor in the above case has filed an	20494
affidavit, satisfactory to the undersigned, in this Court stating	20495
that you have money, property, or credits, other than personal	20496
earnings, in your hands or under your control that belong to the	20497
judgment debtor, and that some of the money, property, or credits	20498
may not be exempt from garnishment under the laws of the State of	20499
Ohio or the laws of the United States.	20500

You are therefore ordered to complete the "ANSWER OF	20501
GARNISHEE" in section (B) of this form. Return one completed and	20502
signed copy of this form to the clerk of this court together with	20503
the amount determined in accordance with the "ANSWER OF GARNISHEE"	20504
by the following date on which a hearing is tentatively scheduled	20505
relative to this order of garnishment: ............ Deliver one	20506
completed and signed copy of this form to the judgment debtor	20507
prior to that date. Keep the other completed and signed copy of	20508
this form for your files.	20509

The total probable amount now due on this judgment is	20510
$.......... The total probable amount now due includes the unpaid	20511
portion of the judgment in favor of the judgment creditor, which	20512
is $..........; interest on that judgment and, if applicable,	20513
prejudgment interest relative to that judgment at the rate of	20514
.....% per annum payable until that judgment is satisfied in full;	20515
and court costs in the amount of $...........	20516

You also are ordered to hold safely anything of value that	20517
belongs to the judgment debtor and that has to be paid to the	20518
court, as determined under the "ANSWER OF GARNISHEE" in section	20519
(B) of this form, but that is of such a nature that it cannot be	20520
so delivered, until further order of the court.	20521

Witness my hand and the seal of this court this ..........	20522
day of .........., ..........	20523

	.........................		20524
	Judge		20525

SECTION B. ANSWER OF GARNISHEE

20526

Now comes .................... the garnishee, who says:

20527

1. That the garnishee has money, property, or credits, other	20528
than personal earnings, of the judgment debtor under the	20529
garnishee's control and in the garnishee's possession.	20530

...............	...............	...................		20531
yes	no	if yes, amount		20532

2. That property is described as:

20533

3. If the answer to line 1 is "yes" and the amount is less	20534
than the probable amount now due on the judgment, as indicated in	20535
section (A) of this form, sign and return this form and pay the	20536
amount of line 1 to the clerk of this court.	20537

4. If the answer to line 1 is "yes" and the amount is greater	20538
than that probable amount now due on the judgment, as indicated in	20539
section (A) of this form, sign and return this form and pay that	20540
probable amount now due to the clerk of this court.	20541

5. If the answer to line 1 is "yes" but the money, property,	20542
or credits are of such a nature that they cannot be delivered to	20543
the clerk of the court, indicate that by placing an "X" in this	20544
space: ...... Do not dispose of that money, property, or credits	20545
or give them to anyone else until further order of the court.	20546

6. If the answer to line 1 is "no," sign and return this form	20547
to the clerk of this court.	20548

I certify that the statements above are true.

20549

	..............................		20550
	(Print Name of Garnishee)		20551
	..............................		20552
	(Print Name and Title of		20553
	Person Who Completed Form)		20554

Signed........................................................

20555

(Signature of Person Completing Form)

20556

Dated this .......... day of .........., ....."

20557

Section A of the form described in this division shall be	20558
completed before service. Section B of the form shall be completed	20559
by the garnishee, and the garnishee shall file one completed and	20560
signed copy of the form with the clerk of the court as the	20561
garnishee's answer. The garnishee may keep one completed and	20562
signed copy of the form and shall deliver the other completed and	20563
signed copy of the form to the judgment debtor.	20564

If several affidavits seeking orders of garnishment of	20565
property, other than personal earnings, are filed against the same	20566
judgment debtor in accordance with section 2716.11 of the Revised	20567
Code, the court involved shall issue the requested orders in the	20568
same order in which the clerk received the associated affidavits.	20569

(C)(1) At the time of the filing of a proceeding in	20570
garnishment of property, other than personal earnings, under	20571
section 2716.11 of the Revised Code, the judgment creditor also	20572
shall file with the clerk of the court a praecipe instructing the	20573
clerk to issue to the judgment debtor a notice to the judgment	20574
debtor form and a request for hearing form. Upon receipt of the	20575
praecipe and the scheduling of a hearing relative to an action in	20576
garnishment of property, other than personal earnings, under	20577
division (A) of this section, the clerk of the court immediately	20578
shall serve upon the judgment debtor, in accordance with division	20579
(D) of this section, two copies of the notice to the judgment	20580
debtor form and of the request for hearing form. The copies of the	20581
notice to the judgment debtor form and of the request for hearing	20582
form shall not be served later than seven days prior to the date	20583
on which the hearing is scheduled.	20584

(a) The notice to the judgment debtor that must be served	20585
upon the judgment debtor shall be in substantially the following	20586
form:	20587

"(Name and Address of the Court)

20588

(Case Caption) ......................... Case No. .............

20589

NOTICE TO THE JUDGMENT DEBTOR

20590

You are hereby notified that this court has issued an order	20591
in the above case in favor of (name and address of judgment	20592
creditor), the judgment creditor in this proceeding, directing	20593
that some of your money, property, or credits, other than personal	20594
earnings, now in the possession of (name and address of	20595
garnishee), the garnishee in this proceeding, be used to satisfy	20596
your debt to the judgment creditor. This order was issued on the	20597
basis of the judgment creditor's judgment against you that was	20598
obtained in (name of court) in (case number) on (date). Upon your	20599
receipt of this notice, you are prohibited from removing or	20600
attempting to remove the money, property, or credits until	20601
expressly permitted by the court. Any violation of this	20602
prohibition subjects you to punishment for contempt of court.	20603

The law of Ohio and the United States provides that certain	20604
benefit payments cannot be taken from you to pay a debt. Typical	20605
among the benefits that cannot be attached or executed upon by a	20606
creditor are the following:	20607

(1) Workers' compensation benefits;

20608

(2) Unemployment compensation payments;

20609

(3) Cash assistance payments under the Ohio works first	20610
program;	20611

(4) Benefits and services under the prevention, retention,	20612
and contingency program;	20613

(5) Disability financial assistance administered by the Ohio	20614
department of job and family services;	20615

(6) Social security benefits;

20616

(7) Supplemental security income (S.S.I.);

20617

(8) Veteran's benefits;

20618

(9) Black lung benefits;

20619

(10) Certain pensions.

20620

There may be other benefits not included in the above list	20621
that apply in your case.	20622

If you dispute the judgment creditor's right to garnish your	20623
property and believe that the judgment creditor should not be	20624
given your money, property, or credits, other than personal	20625
earnings, now in the possession of the garnishee because they are	20626
exempt or if you feel that this order is improper for any other	20627
reason, you may request a hearing before this court by disputing	20628
the claim in the request for hearing form, appearing below, or in	20629
a substantially similar form, and delivering the request for	20630
hearing to this court at the above address, at the office of the	20631
clerk of this court no later than the end of the fifth business	20632
day after you receive this notice. You may state your reasons for	20633
disputing the judgment creditor's right to garnish your property	20634
in the space provided on the form; however, you are not required	20635
to do so. If you do state your reasons for disputing the judgment	20636
creditor's right, you are not prohibited from stating any other	20637
reason at the hearing. If you do not state your reasons, it will	20638
not be held against you by the court, and you can state your	20639
reasons at the hearing. NO OBJECTIONS TO THE JUDGMENT ITSELF WILL	20640
BE HEARD OR CONSIDERED AT THE HEARING. If you request a hearing,	20641
the hearing will be limited to a consideration of the amount of	20642
your money, property, or credits, other than personal earnings, in	20643
the possession or control of the garnishee, if any, that can be	20644
used to satisfy all or part of the judgment you owe to the	20645
judgment creditor.	20646

If you request a hearing by delivering your request for	20647
hearing no later than the end of the fifth business day after you	20648
receive this notice, it will be conducted in .......... courtroom	20649
.........., (address of court), at ..... m. on ..........,	20650
.......... You may request the court to conduct the hearing before	20651
this date by indicating your request in the space provided on the	20652
form; the court then will send you notice of any change in the	20653
date, time, or place of the hearing. If you do not request a	20654
hearing by delivering your request for a hearing no later than the	20655
end of the fifth business day after you receive this notice, some	20656
of your money, property, or credits, other than personal earnings,	20657
will be paid to the judgment creditor.	20658

If you have any questions concerning this matter, you may	20659
contact the office of the clerk of this court. If you want legal	20660
representation, you should contact your lawyer immediately. If you	20661
need the name of a lawyer, contact the local bar association.	20662

	..............................		20663
	Clerk of the Court		20664
	..............................		20665
	Date"		20666

(b) The request for hearing form that must be served upon the	20667
judgment debtor shall have attached to it a postage-paid,	20668
self-addressed envelope or shall be on a postage-paid	20669
self-addressed postcard, and shall be in substantially the	20670
following form:	20671

"(Name and Address of Court)

20672

Case Number ........................... Date ....................

20673

REQUEST FOR HEARING

20674

I dispute the judgment creditor's right to garnish my money,	20675
property, or credits, other than personal earnings, in the above	20676
case and request that a hearing in this matter be held	20677

..................................................................

20678

(Insert "on" or "earlier than")

20679

the date and time set forth in the document entitled "NOTICE TO	20680
THE JUDGMENT DEBTOR" that I received with this request form.	20681

I dispute the judgment creditor's right to garnish my	20682
property for the following reasons:	20683

..................................................................

20684

(Optional)

20685

..................................................................

20686

..................................................................

20687

I UNDERSTAND THAT NO OBJECTIONS TO THE JUDGMENT ITSELF WILL	20688
BE HEARD OR CONSIDERED AT THE HEARING.	20689

	..............................		20690
	(Name of Judgment Debtor)		20691
	..............................		20692
	(Signature)		20693
	..............................		20694
	(Date)		20695

WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR A	20696
REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE CLERK	20697
OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT OF IT,	20698
YOU WAIVE YOUR RIGHT TO A HEARING AND SOME OF YOUR MONEY,	20699
PROPERTY, OR CREDITS, OTHER THAN PERSONAL EARNINGS, NOW IN THE	20700
POSSESSION OF (GARNISHEE'S NAME) WILL BE PAID TO (JUDGMENT	20701
CREDITOR'S NAME) TO SATISFY SOME OF YOUR DEBT TO (JUDGMENT	20702
CREDITOR'S NAME)."	20703

(2) The judgment debtor may receive a hearing in accordance	20704
with this division by delivering a written request for hearing to	20705
the court within five business days after receipt of the notice	20706
provided pursuant to division (C)(1) of this section. The request	20707
may set forth the judgment debtor's reasons for disputing the	20708
judgment creditor's right to garnish the money, property, or	20709
credits, other than personal earnings; however, neither the	20710
judgment debtor's inclusion of nor failure to include those	20711
reasons upon the request constitutes a waiver of any defense of	20712
the judgment debtor or affects the judgment debtor's right to	20713
produce evidence at the hearing. If the request is made by the	20714
judgment debtor within the prescribed time, the hearing shall be	20715
limited to a consideration of the amount of money, property, or	20716
credits, other than personal earnings, of the judgment debtor in	20717
the hands of the garnishee, if any, that can be used to satisfy	20718
all or part of the debt owed by the judgment debtor to the	20719
judgment creditor. If a request for a hearing is not received by	20720
the court within the prescribed time, the hearing scheduled	20721
pursuant to division (A) of this section shall be canceled unless	20722
the court grants the judgment debtor a continuance in accordance	20723
with division (C)(3) of this section.	20724

(3) If the judgment debtor does not request a hearing in the	20725
action within the prescribed time pursuant to division (C)(2) of	20726
this section, the court nevertheless may grant a continuance of	20727
the scheduled hearing if the judgment debtor, prior to the time at	20728
which the hearing was scheduled, as indicated on the notice to the	20729
judgment debtor required by division (C)(1) of this section,	20730
establishes a reasonable justification for failure to request the	20731
hearing within the prescribed time. If the court grants a	20732
continuance of the hearing, it shall cause the matter to be set	20733
for hearing as soon as practicable thereafter. The continued	20734
hearing shall be conducted in accordance with division (C)(2) of	20735
this section.	20736

(4) The court may conduct the hearing on the matter prior to	20737
the time at which the hearing was scheduled, as indicated on the	20738
notice to the judgment debtor required by division (C)(1) of this	20739
section, upon the request of the judgment debtor. The parties	20740
shall be sent notice, by the clerk of the court, by regular mail,	20741
of any change in the date, time, or place of the hearing.	20742

(5) If the scheduled hearing is canceled and no continuance	20743
is granted, the court shall issue an order to the garnishee to pay	20744
all or some of the money, property, or credits, other than	20745
personal earnings, of the judgment debtor in the possession of the	20746
garnishee at the time of service of the notice and order into	20747
court if they have not already been paid to the court. This order	20748
shall be based on the answer of the garnishee filed pursuant to	20749
this section. If the scheduled hearing is conducted or if it is	20750
continued and conducted, the court shall determine at the hearing	20751
the amount of the money, property, or credits, other than personal	20752
earnings, of the judgment debtor in the possession of the	20753
garnishee at the time of service of the notice and order, if any,	20754
that can be used to satisfy all or part of the debt owed by the	20755
judgment debtor to the judgment creditor, and issue an order,	20756
accordingly, to the garnishee to pay that amount into court if it	20757
has not already been paid to the court.	20758

(D) The notice to the judgment debtor form and the request	20759
for hearing form described in division (C) of this section shall	20760
be sent by the clerk by ordinary or regular mail service unless	20761
the judgment creditor requests that service be made in accordance	20762
with the Rules of Civil Procedure, in which case the forms shall	20763
be served in accordance with the Rules of Civil Procedure. Any	20764
court of common pleas that issues an order of garnishment of	20765
property, other than personal earnings, under this section has	20766
jurisdiction to serve process pursuant to this section upon a	20767
garnishee who does not reside within the jurisdiction of the	20768
court. Any county court or municipal court that issues an order of	20769
garnishment of property, other than personal earnings, under this	20770
section has jurisdiction to serve process pursuant to this section	20771
upon a garnishee who does not reside within the jurisdiction of	20772
the court.	20773

Sec. 2743.02. (A)(1) The state hereby waives its immunity	20774
from liability, except as provided for the office of the state	20775
fire marshal in division (G)(1) of section 9.60 and division (B)	20776
of section 3737.221 of the Revised Code and subject to division	20777
(H) of this section, and consents to be sued, and have its	20778
liability determined, in the court of claims created in this	20779
chapter in accordance with the same rules of law applicable to	20780
suits between private parties, except that the determination of	20781
liability is subject to the limitations set forth in this chapter	20782
and, in the case of state universities or colleges, in section	20783
3345.40 of the Revised Code, and except as provided in division	20784
(A)(2) of this section. To the extent that the state has	20785
previously consented to be sued, this chapter has no	20786
applicability.	20787

Except in the case of a civil action filed by the state,	20788
filing a civil action in the court of claims results in a complete	20789
waiver of any cause of action, based on the same act or omission,	20790
which the filing party has against any officer or employee, as	20791
defined in section 109.36 of the Revised Code. The waiver shall be	20792
void if the court determines that the act or omission was	20793
manifestly outside the scope of the officer's or employee's office	20794
or employment or that the officer or employee acted with malicious	20795
purpose, in bad faith, or in a wanton or reckless manner.	20796

(2) If a claimant proves in the court of claims that an	20797
officer or employee, as defined in section 109.36 of the Revised	20798
Code, would have personal liability for the officer's or	20799
employee's acts or omissions but for the fact that the officer or	20800
employee has personal immunity under section 9.86 of the Revised	20801
Code, the state shall be held liable in the court of claims in any	20802
action that is timely filed pursuant to section 2743.16 of the	20803
Revised Code and that is based upon the acts or omissions.	20804

(B) The state hereby waives the immunity from liability of	20805
all hospitals owned or operated by one or more political	20806
subdivisions and consents for them to be sued, and to have their	20807
liability determined, in the court of common pleas, in accordance	20808
with the same rules of law applicable to suits between private	20809
parties, subject to the limitations set forth in this chapter.	20810
This division is also applicable to hospitals owned or operated by	20811
political subdivisions which have been determined by the supreme	20812
court to be subject to suit prior to July 28, 1975.	20813

(C) Any hospital, as defined in section 2305.113 of the	20814
Revised Code, may purchase liability insurance covering its	20815
operations and activities and its agents, employees, nurses,	20816
interns, residents, staff, and members of the governing board and	20817
committees, and, whether or not such insurance is purchased, may,	20818
to such extent as its governing board considers appropriate,	20819
indemnify or agree to indemnify and hold harmless any such person	20820
against expense, including attorney's fees, damage, loss, or other	20821
liability arising out of, or claimed to have arisen out of, the	20822
death, disease, or injury of any person as a result of the	20823
negligence, malpractice, or other action or inaction of the	20824
indemnified person while acting within the scope of the	20825
indemnified person's duties or engaged in activities at the	20826
request or direction, or for the benefit, of the hospital. Any	20827
hospital electing to indemnify such persons, or to agree to so	20828
indemnify, shall reserve such funds as are necessary, in the	20829
exercise of sound and prudent actuarial judgment, to cover the	20830
potential expense, fees, damage, loss, or other liability. The	20831
superintendent of insurance may recommend, or, if such hospital	20832
requests the superintendent to do so, the superintendent shall	20833
recommend, a specific amount for any period that, in the	20834
superintendent's opinion, represents such a judgment. This	20835
authority is in addition to any authorization otherwise provided	20836
or permitted by law.	20837

(D) Recoveries against the state shall be reduced by the	20838
aggregate of insurance proceeds, disability award, or other	20839
collateral recovery received by the claimant. This division does	20840
not apply to civil actions in the court of claims against a state	20841
university or college under the circumstances described in section	20842
3345.40 of the Revised Code. The collateral benefits provisions of	20843
division (B)(2) of that section apply under those circumstances.	20844

(E) The only defendant in original actions in the court of	20845
claims is the state. The state may file a third-party complaint or	20846
counterclaim in any civil action, except a civil action for two	20847
thousand five hundred dollars or less, that is filed in the court	20848
of claims.	20849

(F) A civil action against an officer or employee, as defined	20850
in section 109.36 of the Revised Code, that alleges that the	20851
officer's or employee's conduct was manifestly outside the scope	20852
of the officer's or employee's employment or official	20853
responsibilities, or that the officer or employee acted with	20854
malicious purpose, in bad faith, or in a wanton or reckless manner	20855
shall first be filed against the state in the court of claims,	20856
which has exclusive, original jurisdiction to determine,	20857
initially, whether the officer or employee is entitled to personal	20858
immunity under section 9.86 of the Revised Code and whether the	20859
courts of common pleas have jurisdiction over the civil action.	20860

The filing of a claim against an officer or employee under	20861
this division tolls the running of the applicable statute of	20862
limitations until the court of claims determines whether the	20863
officer or employee is entitled to personal immunity under section	20864
9.86 of the Revised Code.	20865

(G) Whenever a claim lies against an officer or employee who	20866
is a member of the Ohio national guard, and the officer or	20867
employee was, at the time of the act or omission complained of,	20868
subject to the "Federal Tort Claims Act," 60 Stat. 842 (1946), 28	20869
U.S.C. 2671, et seq., then the Federal Tort Claims Act is the	20870
exclusive remedy of the claimant and the state has no liability	20871
under this section.	20872

(H) If an inmate of a state correctional institution has a	20873
claim against the state for the loss of or damage to property and	20874
the amount claimed does not exceed three hundred dollars, before	20875
commencing an action against the state in the court of claims, the	20876
inmate shall file a claim for the loss or damage under the rules	20877
adopted by the director of rehabilitation and correction pursuant	20878
to this division. The inmate shall file the claim within the time	20879
allowed for commencement of a civil action under section 2743.16	20880
of the Revised Code. If the state admits or compromises the claim,	20881
the director shall make payment from a fund designated by the	20882
director for that purpose. If the state denies the claim or does	20883
not compromise the claim at least sixty days prior to expiration	20884
of the time allowed for commencement of a civil action based upon	20885
the loss or damage under section 2743.16 of the Revised Code, the	20886
inmate may commence an action in the court of claims under this	20887
chapter to recover damages for the loss or damage.	20888

The director of rehabilitation and correction shall adopt	20889
rules pursuant to Chapter 119. of the Revised Code to implement	20890
this division.	20891

Sec. 2743.191. (A)(1) There is hereby created in the state	20892
treasury the reparations fund, which shall be used only for the	20893
following purposes:	20894

(a) The payment of awards of reparations that are granted by	20895
the attorney general;	20896

(b) The compensation of any personnel needed by the attorney	20897
general to administer sections 2743.51 to 2743.72 of the Revised	20898
Code;	20899

(c) The compensation of witnesses as provided in division	20900
~~(B)~~(J) of section 2743.65 of the Revised Code;	20901

(d) Other administrative costs of hearing and determining	20902
claims for an award of reparations by the attorney general;	20903

(e) The costs of administering sections 2907.28 and 2969.01	20904
to 2969.06 of the Revised Code;	20905

(f) The costs of investigation and decision-making as	20906
certified by the attorney general;	20907

(g) The provision of state financial assistance to victim	20908
assistance programs in accordance with sections 109.91 and 109.92	20909
of the Revised Code;	20910

(h) The costs of paying the expenses of sex offense-related	20911
examinations and antibiotics pursuant to section 2907.28 of the	20912
Revised Code;	20913

(i) The cost of printing and distributing the pamphlet	20914
prepared by the attorney general pursuant to section 109.42 of the	20915
Revised Code;	20916

(j) Subject to division (D) of section 2743.71 of the Revised	20917
Code, the costs associated with the printing and providing of	20918
information cards or other printed materials to law enforcement	20919
agencies and prosecuting authorities and with publicizing the	20920
availability of awards of reparations pursuant to section 2743.71	20921
of the Revised Code;	20922

(k) The payment of costs of administering a DNA specimen	20923
collection procedure pursuant to section 2152.74 of the Revised	20924
Code in relation to any act identified in division (E)(1) to (5)	20925
of that section and pursuant to section 2901.07 of the Revised	20926
Code in relation to any act identified in division (E)(1) to (5)	20927
of that section, of performing DNA analysis of those DNA	20928
specimens, and of entering the resulting DNA records regarding	20929
those analyses into the DNA database pursuant to section 109.573	20930
of the Revised Code.	20931

(2) All costs paid pursuant to section 2743.70 of the Revised	20932
Code, the portions of license reinstatement fees mandated by	20933
division (L)(2)(b) of section 4511.191 of the Revised Code to be	20934
credited to the fund, the portions of the proceeds of the sale of	20935
a forfeited vehicle specified in division (D)(2) of section	20936
4503.234 of the Revised Code, payments collected by the department	20937
of rehabilitation and correction from prisoners who voluntarily	20938
participate in an approved work and training program pursuant to	20939
division (C)(8)(b)(ii) of section 5145.16 of the Revised Code, and	20940
all moneys collected by the state pursuant to its right of	20941
subrogation provided in section 2743.72 of the Revised Code shall	20942
be deposited in the fund.	20943

(B) In making an award of reparations, the attorney general	20944
shall render the award against the state. The award shall be	20945
accomplished only through the following procedure, and the	20946
following procedure may be enforced by writ of mandamus directed	20947
to the appropriate official:	20948

(1) The attorney general shall provide for payment of the	20949
claimant or providers in the amount of the award only if the	20950
amount of the award is fifty dollars or more.	20951

(2) The expense shall be charged against all available	20952
unencumbered moneys in the fund.	20953

(3) If sufficient unencumbered moneys do not exist in the	20954
fund, the attorney general shall make application for payment of	20955
the award out of the emergency purposes account or any other	20956
appropriation for emergencies or contingencies, and payment out of	20957
this account or other appropriation shall be authorized if there	20958
are sufficient moneys greater than the sum total of then pending	20959
emergency purposes account requests or requests for releases from	20960
the other appropriations.	20961

(4) If sufficient moneys do not exist in the account or any	20962
other appropriation for emergencies or contingencies to pay the	20963
award, the attorney general shall request the general assembly to	20964
make an appropriation sufficient to pay the award, and no payment	20965
shall be made until the appropriation has been made. The attorney	20966
general shall make this appropriation request during the current	20967
biennium and during each succeeding biennium until a sufficient	20968
appropriation is made. If, prior to the time that an appropriation	20969
is made by the general assembly pursuant to this division, the	20970
fund has sufficient unencumbered funds to pay the award or part of	20971
the award, the available funds shall be used to pay the award or	20972
part of the award, and the appropriation request shall be amended	20973
to request only sufficient funds to pay that part of the award	20974
that is unpaid.	20975

(C) The attorney general shall not make payment on a decision	20976
or order granting an award until all appeals have been determined	20977
and all rights to appeal exhausted, except as otherwise provided	20978
in this section. If any party to a claim for an award of	20979
reparations appeals from only a portion of an award, and a	20980
remaining portion provides for the payment of money by the state,	20981
that part of the award calling for the payment of money by the	20982
state and not a subject of the appeal shall be processed for	20983
payment as described in this section.	20984

(D) The attorney general shall prepare itemized bills for the	20985
costs of printing and distributing the pamphlet the attorney	20986
general prepares pursuant to section 109.42 of the Revised Code.	20987
The itemized bills shall set forth the name and address of the	20988
persons owed the amounts set forth in them.	20989

(E) As used in this section, "DNA analysis" and "DNA	20990
specimen" have the same meanings as in section 109.573 of the	20991
Revised Code.	20992

Sec. 2743.51. As used in sections 2743.51 to 2743.72 of the	20993
Revised Code:	20994

(A) "Claimant" means both of the following categories of	20995
persons:	20996

(1) Any of the following persons who claim an award of	20997
reparations under sections 2743.51 to 2743.72 of the Revised Code:	20998

(a) A victim who was one of the following at the time of the	20999
criminally injurious conduct:	21000

(i) A resident of the United States;

21001

(ii) A resident of a foreign country the laws of which permit	21002
residents of this state to recover compensation as victims of	21003
offenses committed in that country.	21004

(b) A dependent of a deceased victim who is described in	21005
division (A)(1)(a) of this section;	21006

(c) A third person, other than a collateral source, who	21007
legally assumes or voluntarily pays the obligations of a victim,	21008
or of a dependent of a victim, who is described in division	21009
(A)(1)(a) of this section, which obligations are incurred as a	21010
result of the criminally injurious conduct that is the subject of	21011
the claim and may include, but are not limited to, medical or	21012
burial expenses;	21013

(d) A person who is authorized to act on behalf of any person	21014
who is described in division (A)(1)(a), (b), or (c) of this	21015
section;	21016

(e) The estate of a deceased victim who is described in	21017
division (A)(1)(a) of this section.	21018

(2) Any of the following persons who claim an award of	21019
reparations under sections 2743.51 to 2743.72 of the Revised Code:	21020

(a) A victim who had a permanent place of residence within	21021
this state at the time of the criminally injurious conduct and	21022
who, at the time of the criminally injurious conduct, complied	21023
with any one of the following:	21024

(i) Had a permanent place of employment in this state;

21025

(ii) Was a member of the regular armed forces of the United	21026
States or of the United States coast guard or was a full-time	21027
member of the Ohio organized militia or of the United States army	21028
reserve, naval reserve, or air force reserve;	21029

(iii) Was retired and receiving social security or any other	21030
retirement income;	21031

(iv) Was sixty years of age or older;

21032

(v) Was temporarily in another state for the purpose of	21033
receiving medical treatment;	21034

(vi) Was temporarily in another state for the purpose of	21035
performing employment-related duties required by an employer	21036
located within this state as an express condition of employment or	21037
employee benefits;	21038

(vii) Was temporarily in another state for the purpose of	21039
receiving occupational, vocational, or other job-related training	21040
or instruction required by an employer located within this state	21041
as an express condition of employment or employee benefits;	21042

(viii) Was a full-time student at an academic institution,	21043
college, or university located in another state;	21044

(ix) Had not departed the geographical boundaries of this	21045
state for a period exceeding thirty days or with the intention of	21046
becoming a citizen of another state or establishing a permanent	21047
place of residence in another state.	21048

(b) A dependent of a deceased victim who is described in	21049
division (A)(2)(a) of this section;	21050

(c) A third person, other than a collateral source, who	21051
legally assumes or voluntarily pays the obligations of a victim,	21052
or of a dependent of a victim, who is described in division	21053
(A)(2)(a) of this section, which obligations are incurred as a	21054
result of the criminally injurious conduct that is the subject of	21055
the claim and may include, but are not limited to, medical or	21056
burial expenses;	21057

(d) A person who is authorized to act on behalf of any person	21058
who is described in division (A)(2)(a), (b), or (c) of this	21059
section;	21060

(e) The estate of a deceased victim who is described in	21061
division (A)(2)(a) of this section.	21062

(B) "Collateral source" means a source of benefits or	21063
advantages for economic loss otherwise reparable that the victim	21064
or claimant has received, or that is readily available to the	21065
victim or claimant, from any of the following sources:	21066

(1) The offender;

21067

(2) The government of the United States or any of its	21068
agencies, a state or any of its political subdivisions, or an	21069
instrumentality of two or more states, unless the law providing	21070
for the benefits or advantages makes them excess or secondary to	21071
benefits under sections 2743.51 to 2743.72 of the Revised Code;	21072

(3) Social security, medicare, and medicaid;

21073

(4) State-required, temporary, nonoccupational disability	21074
insurance;	21075

(5) Workers' compensation;

21076

(6) Wage continuation programs of any employer;

21077

(7) Proceeds of a contract of insurance payable to the victim	21078
for loss that the victim sustained because of the criminally	21079
injurious conduct;	21080

(8) A contract providing prepaid hospital and other health	21081
care services, or benefits for disability;	21082

(9) That portion of the proceeds of all contracts of	21083
insurance payable to the claimant on account of the death of the	21084
victim that exceeds fifty thousand dollars;	21085

(10) Any compensation recovered or recoverable under the laws	21086
of another state, district, territory, or foreign country because	21087
the victim was the victim of an offense committed in that state,	21088
district, territory, or country.	21089

"Collateral source" does not include any money, or the	21090
monetary value of any property, that is subject to sections	21091
2969.01 to 2969.06 of the Revised Code or that is received as a	21092
benefit from the Ohio public safety officers death benefit fund	21093
created by section 742.62 of the Revised Code.	21094

(C) "Criminally injurious conduct" means one of the	21095
following:	21096

(1) For the purposes of any person described in division	21097
(A)(1) of this section, any conduct that occurs or is attempted in	21098
this state; poses a substantial threat of personal injury or	21099
death; and is punishable by fine, imprisonment, or death, or would	21100
be so punishable but for the fact that the person engaging in the	21101
conduct lacked capacity to commit the crime under the laws of this	21102
state. Criminally injurious conduct does not include conduct	21103
arising out of the ownership, maintenance, or use of a motor	21104
vehicle, except when any of the following applies:	21105

(a) The person engaging in the conduct intended to cause	21106
personal injury or death;	21107

(b) The person engaging in the conduct was using the vehicle	21108
to flee immediately after committing a felony or an act that would	21109
constitute a felony but for the fact that the person engaging in	21110
the conduct lacked the capacity to commit the felony under the	21111
laws of this state;	21112

(c) The person engaging in the conduct was using the vehicle	21113
in a manner that constitutes an OMVI violation;	21114

(d) The conduct occurred on or after July 25, 1990, and the	21115
person engaging in the conduct was using the vehicle in a manner	21116
that constitutes a violation of section 2903.08 of the Revised	21117
Code.	21118

(2) For the purposes of any person described in division	21119
(A)(2) of this section, any conduct that occurs or is attempted in	21120
another state, district, territory, or foreign country; poses a	21121
substantial threat of personal injury or death; and is punishable	21122
by fine, imprisonment, or death, or would be so punishable but for	21123
the fact that the person engaging in the conduct lacked capacity	21124
to commit the crime under the laws of the state, district,	21125
territory, or foreign country in which the conduct occurred or was	21126
attempted. Criminally injurious conduct does not include conduct	21127
arising out of the ownership, maintenance, or use of a motor	21128
vehicle, except when any of the following applies:	21129

(a) The person engaging in the conduct intended to cause	21130
personal injury or death;	21131

(b) The person engaging in the conduct was using the vehicle	21132
to flee immediately after committing a felony or an act that would	21133
constitute a felony but for the fact that the person engaging in	21134
the conduct lacked the capacity to commit the felony under the	21135
laws of the state, district, territory, or foreign country in	21136
which the conduct occurred or was attempted;	21137

(c) The person engaging in the conduct was using the vehicle	21138
in a manner that constitutes an OMVI violation;	21139

(d) The conduct occurred on or after July 25, 1990, the	21140
person engaging in the conduct was using the vehicle in a manner	21141
that constitutes a violation of any law of the state, district,	21142
territory, or foreign country in which the conduct occurred, and	21143
that law is substantially similar to a violation of section	21144
2903.08 of the Revised Code.	21145

(3) For the purposes of any person described in division	21146
(A)(1) or (2) of this section, terrorism that occurs within or	21147
outside the territorial jurisdiction of the United States.	21148

(D) "Dependent" means an individual wholly or partially	21149
dependent upon the victim for care and support, and includes a	21150
child of the victim born after the victim's death.	21151

(E) "Economic loss" means economic detriment consisting only	21152
of allowable expense, work loss, funeral expense, unemployment	21153
benefits loss, replacement services loss, cost of crime scene	21154
cleanup, and cost of evidence replacement. If criminally injurious	21155
conduct causes death, economic loss includes a dependent's	21156
economic loss and a dependent's replacement services loss.	21157
Noneconomic detriment is not economic loss; however, economic loss	21158
may be caused by pain and suffering or physical impairment.	21159

(F)(1) "Allowable expense" means reasonable charges incurred	21160
for reasonably needed products, services, and accommodations,	21161
including those for medical care, rehabilitation, rehabilitative	21162
occupational training, and other remedial treatment and care and	21163
including replacement costs for eyeglasses and other corrective	21164
lenses. It does not include that portion of a charge for a room in	21165
a hospital, clinic, convalescent home, nursing home, or any other	21166
institution engaged in providing nursing care and related services	21167
in excess of a reasonable and customary charge for semiprivate	21168
accommodations, unless accommodations other than semiprivate	21169
accommodations are medically required.	21170

(2) An immediate family member of a victim of criminally	21171
injurious conduct that consists of a homicide, a sexual assault,	21172
domestic violence, or a severe and permanent incapacitating injury	21173
resulting in paraplegia or a similar life-altering condition, who	21174
requires psychiatric care or counseling as a result of the	21175
criminally injurious conduct, may be reimbursed for that care or	21176
counseling as an allowable expense through the victim's	21177
application. The cumulative allowable expense for care or	21178
counseling of that nature shall not exceed two thousand five	21179
hundred dollars for each immediate family member of a victim of	21180
that type ~~shall not exceed two~~and seven thousand five hundred	21181
dollars in the aggregate for all immediate family members of a	21182
victim of that type.	21183

(3) A family member of a victim who died as a proximate	21184
result of criminally injurious conduct may be reimbursed as an	21185
allowable expense through the victim's application for wages lost	21186
and travel expenses incurred in order to attend criminal justice	21187
proceedings arising from the criminally injurious conduct. The	21188
cumulative allowable expense for wages lost and travel expenses	21189
incurred by a family member to attend criminal justice proceedings	21190
shall not exceed five hundred dollars for each family member of	21191
the victim and two thousand dollars in the aggregate for all	21192
family members of the victim.	21193

(4) "Allowable expense" includes attorney's fees not	21194
exceeding two thousand five hundred dollars, at a rate not	21195
exceeding one hundred fifty dollars per hour, incurred to	21196
successfully obtain a restraining order, custody order, or other	21197
order to physically separate a victim from an offender, if the	21198
attorney has not received payment under section 2743.65 of the	21199
Revised Code for assisting a claimant with an application for an	21200
award of reparations under sections 2743.51 to 2743.72 of the	21201
Revised Code.	21202

(G) "Work loss" means loss of income from work that the	21203
injured person would have performed if the person had not been	21204
injured and expenses reasonably incurred by the person to obtain	21205
services in lieu of those the person would have performed for	21206
income, reduced by any income from substitute work actually	21207
performed by the person, or by income the person would have earned	21208
in available appropriate substitute work that the person was	21209
capable of performing but unreasonably failed to undertake.	21210

(H) "Replacement services loss" means expenses reasonably	21211
incurred in obtaining ordinary and necessary services in lieu of	21212
those the injured person would have performed, not for income, but	21213
for the benefit of the person's self or family, if the person had	21214
not been injured.	21215

(I) "Dependent's economic loss" means loss after a victim's	21216
death of contributions of things of economic value to the victim's	21217
dependents, not including services they would have received from	21218
the victim if the victim had not suffered the fatal injury, less	21219
expenses of the dependents avoided by reason of the victim's	21220
death. If a minor child of a victim is adopted after the victim's	21221
death, the minor child continues after the adoption to incur a	21222
dependent's economic loss as a result of the victim's death. If	21223
the surviving spouse of a victim remarries, the surviving spouse	21224
continues after the remarriage to incur a dependent's economic	21225
loss as a result of the victim's death.	21226

(J) "Dependent's replacement services loss" means loss	21227
reasonably incurred by dependents after a victim's death in	21228
obtaining ordinary and necessary services in lieu of those the	21229
victim would have performed for their benefit if the victim had	21230
not suffered the fatal injury, less expenses of the dependents	21231
avoided by reason of the victim's death and not subtracted in	21232
calculating the dependent's economic loss. If a minor child of a	21233
victim is adopted after the victim's death, the minor child	21234
continues after the adoption to incur a dependent's replacement	21235
services loss as a result of the victim's death. If the surviving	21236
spouse of a victim remarries, the surviving spouse continues after	21237
the remarriage to incur a dependent's replacement services loss as	21238
a result of the victim's death.	21239

(K) "Noneconomic detriment" means pain, suffering,	21240
inconvenience, physical impairment, or other nonpecuniary damage.	21241

(L) "Victim" means a person who suffers personal injury or	21242
death as a result of any of the following:	21243

(1) Criminally injurious conduct;

21244

(2) The good faith effort of any person to prevent criminally	21245
injurious conduct;	21246

(3) The good faith effort of any person to apprehend a person	21247
suspected of engaging in criminally injurious conduct.	21248

(M) "Contributory misconduct" means any conduct of the	21249
claimant or of the victim through whom the claimant claims an	21250
award of reparations that is unlawful or intentionally tortious	21251
and that, without regard to the conduct's proximity in time or	21252
space to the criminally injurious conduct, has a causal	21253
relationship to the criminally injurious conduct that is the basis	21254
of the claim.	21255

(N)(1) "Funeral expense" means any reasonable charges that	21256
are not in excess of ~~five~~seven thousand five hundred dollars per	21257
funeral and that are incurred for expenses directly related to a	21258
victim's funeral, cremation, or burial and any wages lost or	21259
travel expenses incurred by a family member of a victim in order	21260
to attend the victim's funeral, cremation, or burial.	21261

(2) An award for funeral expenses shall be applied first to	21262
expenses directly related to the victim's funeral, cremation, or	21263
burial. An award for wages lost or travel expenses incurred by a	21264
family member of the victim shall not exceed five hundred dollars	21265
for each family member and shall not exceed in the aggregate the	21266
difference between seven thousand five hundred dollars and	21267
expenses that are reimbursed by the program and that are directly	21268
related to the victim's funeral, cremation, or burial.	21269

(O) "Unemployment benefits loss" means a loss of unemployment	21270
benefits pursuant to Chapter 4141. of the Revised Code when the	21271
loss arises solely from the inability of a victim to meet the able	21272
to work, available for suitable work, or the actively seeking	21273
suitable work requirements of division (A)(4)(a) of section	21274
4141.29 of the Revised Code.	21275

(P) "OMVI violation" means any of the following:

21276

(1) A violation of section 4511.19 of the Revised Code, of	21277
any municipal ordinance prohibiting the operation of a vehicle	21278
while under the influence of alcohol, a drug of abuse, or alcohol	21279
and a drug of abuse, or of any municipal ordinance prohibiting the	21280
operation of a vehicle with a prohibited concentration of alcohol	21281
in the blood, breath, or urine;	21282

(2) A violation of division (A)(1) of section 2903.06 of the	21283
Revised Code;	21284

(3) A violation of division (A)(2), (3), or (4) of section	21285
2903.06 of the Revised Code or of a municipal ordinance	21286
substantially similar to any of those divisions, if the offender	21287
was under the influence of alcohol, a drug of abuse, or alcohol	21288
and a drug of abuse, at the time of the commission of the offense;	21289

(4) For purposes of any person described in division (A)(2)	21290
of this section, a violation of any law of the state, district,	21291
territory, or foreign country in which the criminally injurious	21292
conduct occurred, if that law is substantially similar to a	21293
violation described in division (P)(1) or (2) of this section or	21294
if that law is substantially similar to a violation described in	21295
division (P)(3) of this section and the offender was under the	21296
influence of alcohol, a drug of abuse, or alcohol and a drug of	21297
abuse, at the time of the commission of the offense.	21298

(Q) "Pendency of the claim" for an original reparations	21299
application or supplemental reparations application means the	21300
period of time from the date the criminally injurious conduct upon	21301
which the application is based occurred until the date a final	21302
decision, order, or judgment concerning that original reparations	21303
application or supplemental reparations application is issued.	21304

(R) "Terrorism" means any activity to which all of the	21305
following apply:	21306

(1) The activity involves a violent act or an act that is	21307
dangerous to human life.	21308

(2) The act described in division (R)(1) of this section is	21309
committed within the territorial jurisdiction of the United States	21310
and is a violation of the criminal laws of the United States, this	21311
state, or any other state or the act described in division (R)(1)	21312
of this section is committed outside the territorial jurisdiction	21313
of the United States and would be a violation of the criminal laws	21314
of the United States, this state, or any other state if committed	21315
within the territorial jurisdiction of the United States.	21316

(3) The activity appears to be intended to do any of the	21317
following:	21318

(a) Intimidate or coerce a civilian population;

21319

(b) Influence the policy of any government by intimidation or	21320
coercion;	21321

(c) Affect the conduct of any government by assassination or	21322
kidnapping.	21323

(4) The activity occurs primarily outside the territorial	21324
jurisdiction of the United States or transcends the national	21325
boundaries of the United States in terms of the means by which the	21326
activity is accomplished, the person or persons that the activity	21327
appears intended to intimidate or coerce, or the area or locale in	21328
which the perpetrator or perpetrators of the activity operate or	21329
seek asylum.	21330

(S) "Transcends the national boundaries of the United States"	21331
means occurring outside the territorial jurisdiction of the United	21332
States in addition to occurring within the territorial	21333
jurisdiction of the United States.	21334

(T) "Cost of crime scene cleanup" means reasonable and	21335
necessary costs of cleaning the scene and repairing, for the	21336
purpose of personal security, property damaged at the scene where	21337
the criminally injurious conduct occurred, not to exceed seven	21338
hundred fifty dollars in the aggregate per claim.	21339

(U) "Cost of evidence replacement" means costs for	21340
replacement of property confiscated for evidentiary purposes	21341
related to the criminally injurious conduct, not to exceed seven	21342
hundred fifty dollars in the aggregate per claim.	21343

(V) "Provider" means any person who provides a victim or	21344
claimant with a product, service, or accommodations that are an	21345
allowable expense or a funeral expense.	21346

(W) "Immediate family member" means an individual who resided	21347
in the same permanent household as a victim at the time of the	21348
criminally injurious conduct and who is related to athe victim	21349
~~within the first degree~~ by affinity or consanguinity.	21350

(X) "Family member" means an individual who is related to a	21351
victim by affinity or consanguinity.	21352

Sec. 2743.60. (A) The attorney general, a court of claims	21353
panel of commissioners, or a judge of the court of claims shall	21354
not make or order an award of reparations to any claimant who, if	21355
the victim of the criminally injurious conduct was an adult, did	21356
not file an application for an award of reparations within two	21357
years after the date of the occurrence of the criminally injurious	21358
conduct that caused the injury or death for which the victim is	21359
seeking an award of reparations or who, if the victim of that	21360
criminally injurious conduct was a minor, did not file an	21361
application for an award of reparations within the period provided	21362
by division ~~(C)~~(B)(1) of section 2743.56 of the Revised Code. An	21363
award of reparations shall not be made to a claimant if the	21364
criminally injurious conduct upon which the claimant bases a claim	21365
was not reported to a law enforcement officer or agency within	21366
seventy-two hours after the occurrence of the conduct, unless it	21367
is determined that good cause existed for the failure to report	21368
the conduct within the seventy-two-hour period.	21369

(B)(1) The attorney general, a panel of commissioners, or a	21370
judge of the court of claims shall not make or order an award of	21371
reparations to a claimant if any of the following apply:	21372

(a) The claimant is the offender or an accomplice of the	21373
offender who committed the criminally injurious conduct, or the	21374
award would unjustly benefit the offender or accomplice.	21375

(b) Except as provided in division (B)(2) of this section,	21376
both of the following apply:	21377

(i) The victim was a passenger in a motor vehicle and knew or	21378
reasonably should have known that the driver was under the	21379
influence of alcohol, a drug of abuse, or both.	21380

(ii) The claimant is seeking compensation for injuries	21381
proximately caused by the driver described in division	21382
(B)(1)(b)(i) of this section being under the influence of alcohol,	21383
a drug of abuse, or both.	21384

21385

(i) The victim was under the influence of alcohol, a drug of	21386
abuse, or both and was a passenger in a motor vehicle and, if	21387
sober, should have reasonably known that the driver was under the	21388
influence of alcohol, a drug of abuse, or both.	21389

(ii) The claimant is seeking compensation for injuries	21390
proximately caused by the driver described in division	21391
(B)(1)(b)(i) of this section being under the influence of alcohol,	21392
a drug of abuse, or both.	21393

(2) Division (B)(1)(b) of this section does not apply if on	21394
the date of the occurrence of the criminally injurious conduct,	21395
the victim was under sixteen years of age or was at least sixteen	21396
years of age but less than eighteen years of age and was riding	21397
with a parent, guardian, or care-provider.	21398

(C) The attorney general, a panel of commissioners, or a	21399
judge of the court of claims, upon a finding that the claimant or	21400
victim has not fully cooperated with appropriate law enforcement	21401
agencies, may deny a claim or reconsider and reduce an award of	21402
reparations.	21403

(D) The attorney general, a panel of commissioners, or a	21404
judge of the court of claims shall reduce an award of reparations	21405
or deny a claim for an award of reparations that is otherwise	21406
payable to a claimant to the extent that the economic loss upon	21407
which the claim is based is recouped from other persons, including	21408
collateral sources. If an award is reduced or a claim is denied	21409
because of the expected recoupment of all or part of the economic	21410
loss of the claimant from a collateral source, the amount of the	21411
award or the denial of the claim shall be conditioned upon the	21412
claimant's economic loss being recouped by the collateral source.	21413
If the award or denial is conditioned upon the recoupment of the	21414
claimant's economic loss from a collateral source and it is	21415
determined that the claimant did not unreasonably fail to present	21416
a timely claim to the collateral source and will not receive all	21417
or part of the expected recoupment, the claim may be reopened and	21418
an award may be made in an amount equal to the amount of expected	21419
recoupment that it is determined the claimant will not receive	21420
from the collateral source.	21421

If the claimant recoups all or part of the economic loss upon	21422
which the claim is based from any other person or entity,	21423
including a collateral source, the attorney general may recover	21424
pursuant to section 2743.72 of the Revised Code the part of the	21425
award that represents the economic loss for which the claimant	21426
received the recoupment from the other person or entity.	21427

(E) ~~The~~(1) Except as otherwise provided in division (E)(2) of	21428
this section, the attorney general, a panel of commissioners, or a	21429
judge of the court of claims shall not make an award to a claimant	21430
if any of the following applies:	21431

~~(1)~~(a) The victim was convicted of a felony within ten years	21432
prior to the criminally injurious conduct that gave rise to the	21433
claim or is convicted of a felony during the pendency of the	21434
claim.	21435

~~(2)~~(b) The claimant was convicted of a felony within ten	21436
years prior to the criminally injurious conduct that gave rise to	21437
the claim or is convicted of a felony during the pendency of the	21438
claim.	21439

~~(3)~~(c) It is proved by a preponderance of the evidence that	21440
the victim or the claimant engaged, within ten years prior to the	21441
criminally injurious conduct that gave rise to the claim or during	21442
the pendency of the claim, in an offense of violence, a violation	21443
of section 2925.03 of the Revised Code, or any substantially	21444
similar offense that also would constitute a felony under the laws	21445
of this state, another state, or the United States.	21446

~~(4)~~(d) The claimant was convicted of a violation of section	21447
2919.22 or 2919.25 of the Revised Code, or of any state law or	21448
municipal ordinance substantially similar to either section,	21449
within ten years prior to the criminally injurious conduct that	21450
gave rise to the claim or during the pendency of the claim.	21451

(e) It is proved by a preponderance of the evidence that the	21452
victim at the time of the criminally injurious conduct that gave	21453
rise to the claim engaged in conduct that was a felony violation	21454
of section 2925.11 of the Revised Code or engaged in any	21455
substantially similar conduct that would constitute a felony under	21456
the laws of this state, another state, or the United States.	21457

(2) The attorney general, a panel of commissioners, or a	21458
judge of the court of claims may make an award to a minor	21459
dependent of a deceased victim for dependent's economic loss or	21460
for counseling pursuant to division (F)(2) of section 2743.51 of	21461
the Revised Code if the minor dependent is not ineligible under	21462
division (E)(1) of this section due to the minor dependent's	21463
criminal history and if the victim was not killed while engaging	21464
in illegal conduct that contributed to the criminally injurious	21465
conduct that gave rise to the claim. For purposes of this section,	21466
the use of illegal drugs by the deceased victim shall not be	21467
deemed to have contributed to the criminally injurious conduct	21468
that gave rise to the claim.	21469

(F) In determining whether to make an award of reparations	21470
pursuant to this section, the attorney general or panel of	21471
commissioners shall consider whether there was contributory	21472
misconduct by the victim or the claimant. The attorney general, a	21473
panel of commissioners, or a judge of the court of claims shall	21474
reduce an award of reparations or deny a claim for an award of	21475
reparations to the extent it is determined to be reasonable	21476
because of the contributory misconduct of the claimant or the	21477
victim.	21478

When the attorney general decides whether a claim should be	21479
denied because of an allegation of contributory misconduct, the	21480
burden of proof on the issue of that alleged contributory	21481
misconduct shall be upon the claimant, if either of the following	21482
apply:	21483

(1) The victim was convicted of a felony more than ten years	21484
prior to the criminally injurious conduct that is the subject of	21485
the claim or has a record of felony arrests under the laws of this	21486
state, another state, or the United States.	21487

(2) There is good cause to believe that the victim engaged in	21488
an ongoing course of criminal conduct within five years or less of	21489
the criminally injurious conduct that is the subject of the claim.	21490

~~For purposes of this section, if it is proven by a~~	21491
~~preponderance of the evidence that the victim engaged in conduct~~	21492
~~at the time of the criminally injurious conduct that was a felony~~	21493
~~violation of section 2925.11 of the Revised Code, the conduct~~	21494
~~shall be presumed to have contributed to the criminally injurious~~	21495
~~conduct and shall result in a complete denial of the claim.~~	21496

(G) The attorney general, a panel of commissioners, or a	21497
judge of the court of claims shall not make an award of	21498
reparations to a claimant if the criminally injurious conduct that	21499
caused the injury or death that is the subject of the claim	21500
occurred to a victim who was an adult and while the victim, after	21501
being convicted of or pleading guilty to an offense, was serving a	21502
sentence of imprisonment in any detention facility, as defined in	21503
section 2921.01 of the Revised Code.	21504

(H) If a claimant unreasonably fails to present a claim	21505
timely to a source of benefits or advantages that would have been	21506
a collateral source and that would have reimbursed the claimant	21507
for all or a portion of a particular expense, the attorney	21508
general, a panel of commissioners, or a judge of the court of	21509
claims may reduce an award of reparations or deny a claim for an	21510
award of reparations to the extent that it is reasonable to do so.	21511

(I) Reparations payable to a victim and to all other	21512
claimants sustaining economic loss because of injury to or the	21513
death of that victim shall not exceed fifty thousand dollars in	21514
the aggregate. If the attorney general, a panel of commissioners,	21515
or a judge of the court of claims reduces an award under division	21516
(F) of this section, the maximum aggregate amount of reparations	21517
payable under this division shall be reduced proportionately to	21518
the reduction under division (F) of this section.	21519

Sec. 2743.65. (A) The attorney general shall determine, and	21520
the state shall pay, in accordance with this section attorney's	21521
fees, commensurate with services rendered, to the attorney	21522
representing a claimant under sections 2743.51 to 2743.72 of the	21523
Revised Code. The attorney shall submit on an application form an	21524
itemized fee bill at the rate of sixty dollars per hour upon	21525
receipt of the final decision on the claim. Attorney's fees paid	21526
pursuant to this section are subject to the following maximum	21527
amounts:	21528

(1) A maximum of seven hundred twenty dollars for claims	21529
resolved without the filing of an appeal to the panel of	21530
commissioners;	21531

(2) A maximum of one thousand twenty dollars for claims in	21532
which an appeal to the panel of commissioners is filed plus, at	21533
the request of an attorney whose main office is not in Franklin	21534
county, Delaware county, Licking county, Fairfield county,	21535
Pickaway county, Madison county, or Union county, an amount for	21536
the attorney's travel time to attend the oral hearing before the	21537
panel of commissioners at the rate of thirty dollars per hour;	21538

(3) A maximum of one thousand three hundred twenty dollars	21539
for claims in which an appeal to a judge of the court of claims is	21540
filed plus, at the request of an attorney whose main office is not	21541
in Franklin county, Delaware county, Licking county, Fairfield	21542
county, Pickaway county, Madison county, or Union county, an	21543
amount for the attorney's travel time to attend the oral hearing	21544
before the judge at the rate of thirty dollars per hour;	21545

(4) A maximum of seven hundred twenty dollars for a	21546
supplemental reparations application;	21547

(5) A maximum of two hundred dollars if the claim is denied	21548
on the basis of a claimant's or victim's conviction of a felony	21549
offense prior to the filing of the claim. If the claimant or	21550
victim is convicted of a felony offense during the pendency of the	21551
claim, the two hundred dollars maximum does not apply. If the	21552
attorney had knowledge of the claimant's or victim's felony	21553
conviction prior to the filing of the application for the claim,	21554
the attorney general may determine that the filing of the claim	21555
was frivolous and may deny attorney's fees.	21556

(B) The attorney general may determine that an attorney be	21557
reimbursed for fees incurred in the creation of a guardianship if	21558
the guardianship is required in order for an individual to receive	21559
an award of reparations, and those fees shall be reimbursed at a	21560
rate of sixty dollars per hour.	21561

(C)(1) The attorney general shall forward an application form	21562
for attorney's fees to a claimant's attorney before or when the	21563
final decision on a claim is rendered. The application form for	21564
attorney's fees shall do all of the following:	21565

(a) Inform the attorney of the requirements of this section;

21566

(b) Require a verification statement comporting with the law	21567
prohibiting falsification;	21568

21569

(d) Require a verification statement that the claimant was	21570
served a copy of the completed application form;	21571

(e) Include notice that the claimant may oppose the	21572
application by notifying the attorney general in writing within	21573
ten days.	21574

(2) The attorney general shall forward a copy of this section	21575
to the attorney with the application form for attorney's fees. The	21576
attorney shall file the application form with the attorney	21577
general. The attorney general's decision with respect to an award	21578
of attorney's fees is final ten days after the attorney general	21579
renders the decision and mails a copy of the decision to the	21580
attorney at the address provided by the attorney. The attorney may	21581
request reconsideration of the decision on grounds that it is	21582
insufficient or calculated incorrectly. The attorney general's	21583
decision on the request for reconsideration is final.	21584

(D) The attorney general shall review all application forms	21585
for attorney's fees that are submitted by a claimant's attorney	21586
and shall issue an order approving the amount of fees to be paid	21587
to the attorney within sixty days after receipt of the application	21588
form.	21589

(E) No attorney's fees shall be paid for the following:

21590

(1) Estate work or representation of a claimant against a	21591
collateral source;	21592

(2) Duplication of investigative work required to be	21593
performed by the attorney general;	21594

(3) Performance of unnecessary criminal investigation of the	21595
offense;	21596

(4) Presenting or appealing an issue that has been repeatedly	21597
ruled upon by the highest appellate authority, unless a unique set	21598
of facts or unique issue of law exists that distinguishes it;	21599

(5) A fee request that is unreasonable, is not commensurate	21600
with services rendered, violates the Ohio code of professional	21601
responsibility, or is based upon services that are determined to	21602
be frivolous.	21603

(F)(1) The attorney general may reduce or deny the payment of	21604
attorney's fees to an attorney who has filed a frivolous claim.	21605
Subject to division (A)(5) of this section, the denial of a claim	21606
on the basis of a felony conviction, felony conduct, or	21607
contributory misconduct does not constitute a frivolous claim.	21608

(2) As used in this section, "frivolous claim" means a claim	21609
in which there is clearly no legal grounds under the existing laws	21610
of this state to support the filing of a claim on behalf of the	21611
claimant or victim.	21612

(G) The attorney general may determine that a lesser number	21613
of hours should have been required in a given case. Additional	21614
reimbursement may be made where the attorney demonstrates to the	21615
attorney general that the nature of the particular claim required	21616
the expenditure of an amount in excess of that allowed.	21617

(H) No attorney shall receive payment under this section for	21618
assisting a claimant with an application for an award of	21619
reparations under sections 2743.51 to 2743.72 of the Revised Code	21620
if that attorney's fees have been allowed as an expense in	21621
accordance with division (F)(4) of section 2743.51 of the Revised	21622
Code.	21623

(I) A contract or other agreement between an attorney and any	21624
person that provides for the payment of attorney's fees or other	21625
payments in excess of the attorney's fees allowed under this	21626
section for representing a claimant under sections 2743.51 to	21627
2743.72 of the Revised Code shall be void and unenforceable.	21628

~~(I)~~(J) Each witness who appears in a hearing on a claim for	21629
an award of reparations shall receive compensation in an amount	21630
equal to that received by witnesses in civil cases as provided in	21631
section 2335.06 of the Revised Code.	21632

Sec. 2915.01. As used in this chapter:

21633

(A) "Bookmaking" means the business of receiving or paying	21634
off bets.	21635

(B) "Bet" means the hazarding of anything of value upon the	21636
result of an event, undertaking, or contingency, but does not	21637
include a bona fide business risk.	21638

(C) "Scheme of chance" means a slot machine, lottery, numbers	21639
game, pool conducted for profit, or other scheme in which a	21640
participant gives a valuable consideration for a chance to win a	21641
prize, but does not include bingo, a skill-based amusement	21642
machine, or a pool not conducted for profit.	21643

(D) "Game of chance" means poker, craps, roulette, or other	21644
game in which a player gives anything of value in the hope of	21645
gain, the outcome of which is determined largely by chance, but	21646
does not include bingo.	21647

(E) "Game of chance conducted for profit" means any game of	21648
chance designed to produce income for the person who conducts or	21649
operates the game of chance, but does not include bingo.	21650

(F) "Gambling device" means any of the following:

21651

(1) A book, totalizer, or other equipment for recording bets;

21652

(2) A ticket, token, or other device representing a chance,	21653
share, or interest in a scheme of chance or evidencing a bet;	21654

(3) A deck of cards, dice, gaming table, roulette wheel, slot	21655
machine, or other apparatus designed for use in connection with a	21656
game of chance;	21657

(4) Any equipment, device, apparatus, or paraphernalia	21658
specially designed for gambling purposes;	21659

(5) Bingo supplies sold or otherwise provided, or used, in	21660
violation of this chapter.	21661

(G) "Gambling offense" means any of the following:

21662

(1) A violation of section 2915.02, 2915.03, 2915.04,	21663
2915.05, 2915.07, 2915.08, 2915.081, 2915.082, 2915.09, 2915.091,	21664
2915.092, 2915.10, or 2915.11 of the Revised Code;	21665

(2) A violation of an existing or former municipal ordinance	21666
or law of this or any other state or the United States	21667
substantially equivalent to any section listed in division (G)(1)	21668
of this section or a violation of section 2915.06 of the Revised	21669
Code as it existed prior to July 1, 1996;	21670

(3) An offense under an existing or former municipal	21671
ordinance or law of this or any other state or the United States,	21672
of which gambling is an element;	21673

(4) A conspiracy or attempt to commit, or complicity in	21674
committing, any offense under division (G)(1), (2), or (3) of this	21675
section.	21676

(H) Except as otherwise provided in this chapter, "charitable	21677
organization" means any tax exempt religious, educational,	21678
veteran's, fraternal, sporting, service, nonprofit medical,	21679
volunteer rescue service, volunteer firefighter's, senior	21680
citizen's, historic railroad educational, youth athletic, amateur	21681
athletic, or youth athletic park organization. An organization is	21682
tax exempt if the organization is, and has received from the	21683
internal revenue service a determination letter that currently is	21684
in effect stating that the organization is, exempt from federal	21685
income taxation under subsection 501(a) and described in	21686
subsection 501(c)(3), 501(c)(4), 501(c)(8), 501(c)(10), or	21687
501(c)(19) of the Internal Revenue Code, or if the organization is	21688
a sporting organization that is exempt from federal income	21689
taxation under subsection 501(a) and is described in subsection	21690
501(c)(7) of the Internal Revenue Code. To qualify as a charitable	21691
organization, an organization, except a volunteer rescue service	21692
or volunteer fire fighter's organization, shall have been in	21693
continuous existence as such in this state for a period of two	21694
years immediately preceding either the making of an application	21695
for a bingo license under section 2915.08 of the Revised Code or	21696
the conducting of any ~~scheme of chance or~~ game of chance as	21697
provided in division ~~(C)~~(D) of section 2915.02 of the Revised	21698
Code. A charitable organization that is exempt from federal income	21699
taxation under subsection 501(a) and described in subsection	21700
501(c)(3) of the Internal Revenue Code and that is created by a	21701
veteran's organization or, a fraternal organization, or a sporting	21702
organization does not have to have been in continuous existence as	21703
such in this state for a period of two years immediately preceding	21704
either the making of an application for a bingo license under	21705
section 2915.08 of the Revised Code or the conducting of any	21706
~~scheme of chance or~~ game of chance as provided in division (D) of	21707
section 2915.02 of the Revised Code.	21708

(I) "Religious organization" means any church, body of	21709
communicants, or group that is not organized or operated for	21710
profit and that gathers in common membership for regular worship	21711
and religious observances.	21712

(J) "Educational organization" means any organization within	21713
this state that is not organized for profit, the ~~exclusive~~primary	21714
purpose of which is to educate and develop the capabilities of	21715
individuals through instruction~~, and that operates or contributes~~	21716
toby means of operating or contributing to the support of a	21717
school, academy, college, or university.	21718

(K) "Veteran's organization" means any individual post or	21719
state headquarters of a national veteran's association or an	21720
auxiliary unit of any individual post of a national veteran's	21721
association, which post, state headquarters, or auxiliary unit has	21722
been in continuous existence in this state for at least two years	21723
and incorporated as a nonprofit corporation ~~for at least two years~~	21724
and either has received a letter from the state headquarters of	21725
the national veteran's association indicating that the individual	21726
post or auxiliary unit is in good standing with the national	21727
veteran's association or has received a letter from the national	21728
veteran's association indicating that the state headquarters is in	21729
good standing with the national veteran's association. As used in	21730
this division, "national veteran's association" means any	21731
veteran's association that has been in continuous existence as	21732
such for a period of at least five years and either is	21733
incorporated by an act of the United States congress or has a	21734
national dues-paying membership of at least five thousand persons.	21735

(L) "Volunteer firefighter's organization" means any	21736
organization of volunteer firefighters, as defined in section	21737
146.01 of the Revised Code, that is organized and operated	21738
exclusively to provide financial support for a volunteer fire	21739
department or a volunteer fire company and that is recognized or	21740
ratified by a county, municipal corporation, or township.	21741

(M) "Fraternal organization" means any society, order, state	21742
headquarters, or association within this state, except a college	21743
or high school fraternity, that is not organized for profit, that	21744
is a branch, lodge, or chapter of a national or state	21745
organization, that exists exclusively for the common business or	21746
sodality of its members, and that has been in continuous existence	21747
in this state for a period of five years.	21748

(N) "Volunteer rescue service organization" means any	21749
organization of volunteers organized to function as an emergency	21750
medical service organization, as defined in section 4765.01 of the	21751
Revised Code.	21752

(O) "Service organization" means any organization, not	21753
organized for profit, that is organized and operated exclusively	21754
to provide, or to contribute to the support of organizations or	21755
institutions organized and operated exclusively to provide,	21756
medical and therapeutic services for persons who are crippled,	21757
born with birth defects, or have any other mental or physical	21758
defect or those organized and operated exclusively to protect, or	21759
to contribute to the support of organizations or institutions	21760
organized and operated exclusively to protect, animals from	21761
inhumane treatment.	21762

(P) "Nonprofit medical organization" means any organization	21763
that has been incorporated as a nonprofit corporation for at least	21764
five years and that has continuously operated and will be operated	21765
exclusively to provide, or to contribute to the support of	21766
organizations or institutions organized and operated exclusively	21767
to provide, hospital, medical, research, or therapeutic services	21768
for the public.	21769

(Q) "Senior citizen's organization" means any private	21770
organization, not organized for profit, that is organized and	21771
operated exclusively to provide recreational or social services	21772
for persons who are fifty-five years of age or older and that is	21773
described and qualified under subsection 501(c)(3) of the Internal	21774
Revenue Code.	21775

(R) "Charitable bingo game" means any bingo game described in	21776
division (S)(1) or (2) of this section that is conducted by a	21777
charitable organization that has obtained a license pursuant to	21778
section 2915.08 of the Revised Code and the proceeds of which are	21779
used for a charitable purpose.	21780

(S) "Bingo" means either of the following:

21781

(1) A game with all of the following characteristics:

21782

(a) The participants use bingo cards or sheets, including	21783
paper formats and electronic representation or image formats, that	21784
are divided into twenty-five spaces arranged in five horizontal	21785
and five vertical rows of spaces, with each space, except the	21786
central space, being designated by a combination of a letter and a	21787
number and with the central space being designated as a free	21788
space.	21789

(b) The participants cover the spaces on the bingo cards or	21790
sheets that correspond to combinations of letters and numbers that	21791
are announced by a bingo game operator.	21792

(c) A bingo game operator announces combinations of letters	21793
and numbers that appear on objects that a bingo game operator	21794
selects by chance, either manually or mechanically, from a	21795
receptacle that contains seventy-five objects at the beginning of	21796
each game, each object marked by a different combination of a	21797
letter and a number that corresponds to one of the seventy-five	21798
possible combinations of a letter and a number that can appear on	21799
the bingo cards or sheets.	21800

(d) The winner of the bingo game includes any participant who	21801
properly announces during the interval between the announcements	21802
of letters and numbers as described in division (S)(1)(c) of this	21803
section, that a predetermined and preannounced pattern of spaces	21804
has been covered on a bingo card or sheet being used by the	21805
participant.	21806

(2) Instant bingo, punch boards, and raffles.

21807

(T) "Conduct" means to back, promote, organize, manage, carry	21808
on, sponsor, or prepare for the operation of bingo or a game of	21809
chance.	21810

(U) "Bingo game operator" means any person, except security	21811
personnel, who performs work or labor at the site of bingo,	21812
including, but not limited to, collecting money from participants,	21813
handing out bingo cards or sheets or objects to cover spaces on	21814
bingo cards or sheets, selecting from a receptacle the objects	21815
that contain the combination of letters and numbers that appear on	21816
bingo cards or sheets, calling out the combinations of letters and	21817
numbers, distributing prizes, selling or redeeming instant bingo	21818
tickets or cards, supervising the operation of a punch board,	21819
selling raffle tickets, selecting raffle tickets from a receptacle	21820
and announcing the winning numbers in a raffle, and preparing,	21821
selling, and serving food or beverages.	21822

(V) "Participant" means any person who plays bingo.

21823

(W) "Bingo session" means a period that includes both of the	21824
following:	21825

(1) Not to exceed five continuous hours for the conduct of	21826
one or more games described in division (S)(1) of this section,	21827
instant bingo, and seal cards;	21828

(2) A period for the conduct of instant bingo and seal cards	21829
for not more than two hours before and not more than two hours	21830
after the period described in division (W)(1) of this section.	21831

(X) "Gross receipts" means all money or assets, including	21832
admission fees, that a person receives from bingo without the	21833
deduction of any amounts for prizes paid out or for the expenses	21834
of conducting bingo. "Gross receipts" does not include any money	21835
directly taken in from the sale of food or beverages by a	21836
charitable organization conducting bingo, or by a bona fide	21837
auxiliary unit or society of a charitable organization conducting	21838
bingo, provided all of the following apply:	21839

(1) The auxiliary unit or society has been in existence as a	21840
bona fide auxiliary unit or society of the charitable organization	21841
for at least two years prior to conducting bingo.	21842

(2) The person who purchases the food or beverage receives	21843
nothing of value except the food or beverage and items customarily	21844
received with the purchase of that food or beverage.	21845

(3) The food and beverages are sold at customary and	21846
reasonable prices.	21847

(Y) "Security personnel" includes any person who either is a	21848
sheriff, deputy sheriff, marshal, deputy marshal, township	21849
constable, or member of an organized police department of a	21850
municipal corporation or has successfully completed a peace	21851
officer's training course pursuant to sections 109.71 to 109.79 of	21852
the Revised Code and who is hired to provide security for the	21853
premises on which bingo is conducted.	21854

(Z) "Charitable purpose" means that the net profit of bingo,	21855
other than instant bingo, is used by, or is given, donated, or	21856
otherwise transferred to, any of the following:	21857

(1) Any organization that is described in subsection	21858
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code	21859
and is either a governmental unit or an organization that is tax	21860
exempt under subsection 501(a) and described in subsection	21861
501(c)(3) of the Internal Revenue Code;	21862

(2) A veteran's organization that is a post, chapter, or	21863
organization of veterans, or an auxiliary unit or society of, or a	21864
trust or foundation for, any such post, chapter, or organization	21865
organized in the United States or any of its possessions, at least	21866
seventy-five per cent of the members of which are veterans and	21867
substantially all of the other members of which are individuals	21868
who are spouses, widows, or widowers of veterans, or such	21869
individuals, provided that no part of the net earnings of such	21870
post, chapter, or organization inures to the benefit of any	21871
private shareholder or individual, and further provided that the	21872
net profit is used by the post, chapter, or organization for the	21873
charitable purposes set forth in division (B)(12) of section	21874
5739.02 of the Revised Code, is used for awarding scholarships to	21875
or for attendance at an institution mentioned in division (B)(12)	21876
of section 5739.02 of the Revised Code, is donated to a	21877
governmental agency, or is used for nonprofit youth activities,	21878
the purchase of United States or Ohio flags that are donated to	21879
schools, youth groups, or other bona fide nonprofit organizations,	21880
promotion of patriotism, or disaster relief;	21881

(3) A fraternal organization that has been in continuous	21882
existence in this state for fifteen years and that uses the net	21883
profit exclusively for religious, charitable, scientific,	21884
literary, or educational purposes, or for the prevention of	21885
cruelty to children or animals, if contributions for such use	21886
would qualify as a deductible charitable contribution under	21887
subsection 170 of the Internal Revenue Code;	21888

(4) A volunteer firefighter's organization that uses the net	21889
profit for the purposes set forth in division (L) of this section.	21890

(AA) "Internal Revenue Code" means the "Internal Revenue Code	21891
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter	21892
amended.	21893

(BB) "Youth athletic organization" means any organization,	21894
not organized for profit, that is organized and operated	21895
exclusively to provide financial support to, or to operate,	21896
athletic activities for persons who are twenty-one years of age or	21897
younger by means of sponsoring, organizing, operating, or	21898
contributing to the support of an athletic team, club, league, or	21899
association.	21900

(CC) "Youth athletic park organization" means any	21901
organization, not organized for profit, that satisfies both of the	21902
following:	21903

(1) It owns, operates, and maintains playing fields that	21904
satisfy both of the following:	21905

(a) The playing fields are used at least one hundred days per	21906
year for athletic activities by one or more organizations, not	21907
organized for profit, each of which is organized and operated	21908
exclusively to provide financial support to, or to operate,	21909
athletic activities for persons who are eighteen years of age or	21910
younger by means of sponsoring, organizing, operating, or	21911
contributing to the support of an athletic team, club, league, or	21912
association.	21913

(b) The playing fields are not used for any profit-making	21914
activity at any time during the year.	21915

(2) It uses the proceeds of bingo it conducts exclusively for	21916
the operation, maintenance, and improvement of its playing fields	21917
of the type described in division (CC)(1) of this section.	21918

(DD) "Amateur athletic organization" means any organization,	21919
not organized for profit, that is organized and operated	21920
exclusively to provide financial support to, or to operate,	21921
athletic activities for persons who are training for amateur	21922
athletic competition that is sanctioned by a national governing	21923
body as defined in the "Amateur Sports Act of 1978," 90 Stat.	21924
3045, 36 U.S.C.A. 373.	21925

(EE) "Bingo supplies" means bingo cards or sheets; instant	21926
bingo tickets or cards; electronic bingo aids; raffle tickets;	21927
punch boards; seal cards; instant bingo ticket dispensers; and	21928
devices for selecting or displaying the combination of bingo	21929
letters and numbers or raffle tickets. Items that are "bingo	21930
supplies" are not gambling devices if sold or otherwise provided,	21931
and used, in accordance with this chapter. For purposes of this	21932
chapter, "bingo supplies" are not to be considered equipment used	21933
to conduct a bingo game.	21934

(FF) "Instant bingo" means a form of bingo that uses folded	21935
or banded tickets or paper cards with perforated break-open tabs,	21936
a face of which is covered or otherwise hidden from view to	21937
conceal a number, letter, or symbol, or set of numbers, letters,	21938
or symbols, some of which have been designated in advance as prize	21939
winners. "Instant bingo" includes seal cards. "Instant bingo" does	21940
not include any device that is activated by the insertion of a	21941
coin, currency, token, or an equivalent, and that contains as one	21942
of its components a video display monitor that is capable of	21943
displaying numbers, letters, symbols, or characters in winning or	21944
losing combinations.	21945

(GG) "Seal card" means a form of instant bingo that uses	21946
instant bingo tickets in conjunction with a board or placard that	21947
contains one or more seals that, when removed or opened, reveal	21948
predesignated winning numbers, letters, or symbols.	21949

(HH) "Raffle" means a form of bingo in which the one or more	21950
prizes are won by one or more persons who have purchased a raffle	21951
ticket. The one or more winners of the raffle are determined by	21952
drawing a ticket stub or other detachable section from a	21953
receptacle containing ticket stubs or detachable sections	21954
corresponding to all tickets sold for the raffle.	21955

(II) "Punch board" means a board containing a number of holes	21956
or receptacles of uniform size in which are placed, mechanically	21957
and randomly, serially numbered slips of paper that may be punched	21958
or drawn from the hole or receptacle when used in conjunction with	21959
instant bingo. A player may punch or draw the numbered slips of	21960
paper from the holes or receptacles and obtain the prize	21961
established for the game if the number drawn corresponds to a	21962
winning number or, if the punch board includes the use of a seal	21963
card, a potential winning number.	21964

(JJ) "Gross profit" means gross receipts minus the amount	21965
actually expended for the payment of prize awards.	21966

(KK) "Net profit" means gross profit minus expenses.

21967

(LL) "Expenses" means the reasonable amount of gross profit	21968
actually expended for all of the following:	21969

(1) The purchase or lease of bingo supplies;

21970

(2) The annual license fee required under section 2915.08 of	21971
the Revised Code;	21972

(3) Bank fees and service charges for a bingo session or game	21973
account described in section 2915.10 of the Revised Code;	21974

(4) Audits and accounting services;

21975

(5) Safes;

21976

(6) Cash registers;

21977

(7) Hiring security personnel;

21978

(8) Advertising bingo;

21979

(9) Renting premises in which to conduct a bingo session;

21980

(10) Tables and chairs;

21981

(11) Expenses for maintaining and operating a charitable	21982
organization's facilities, including, but not limited to, a post	21983
home, club house, lounge, tavern, or canteen and any grounds	21984
attached to the post home, club house, lounge, tavern, or canteen;	21985

(12) Any other product or service directly related to the	21986
conduct of bingo that is authorized in rules adopted by the	21987
attorney general under division (B)(1) of section 2915.08 of the	21988
Revised Code.	21989

(MM) "Person" has the same meaning as in section 1.59 of the	21990
Revised Code and includes any firm or any other legal entity,	21991
however organized.	21992

(NN) "Revoke" means to void permanently all rights and	21993
privileges of the holder of a license issued under section	21994
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable	21995
gaming license issued by another jurisdiction.	21996

(OO) "Suspend" means to interrupt temporarily all rights and	21997
privileges of the holder of a license issued under section	21998
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable	21999
gaming license issued by another jurisdiction.	22000

(PP) "Distributor" means any person who purchases or obtains	22001
bingo supplies and who sells, offers for sale, or otherwise	22002
provides or offers to provide the bingo supplies to another person	22003
for use in this state.	22004

(QQ) "Manufacturer" means any person who assembles completed	22005
bingo supplies from raw materials, other items, or subparts or who	22006
modifies, converts, adds to, or removes parts from bingo supplies	22007
to further their promotion or sale.	22008

(RR) "Gross annual revenues" means the annual gross receipts	22009
derived from the conduct of bingo described in division (S)(1) of	22010
this section plus the annual net profit derived from the conduct	22011
of bingo described in division (S)(2) of this section.	22012

(SS) "Instant bingo ticket dispenser" means a mechanical	22013
device that dispenses an instant bingo ticket or card as the sole	22014
item of value dispensed and that has the following	22015
characteristics:	22016

(1) It is activated upon the insertion of United States	22017
currency.	22018

(2) It performs no gaming functions.

22019

(3) It does not contain a video display monitor or generate	22020
noise.	22021

(4) It is not capable of displaying any numbers, letters,	22022
symbols, or characters in winning or losing combinations.	22023

(5) It does not simulate or display rolling or spinning	22024
reels.	22025

(6) It is incapable of determining whether a dispensed bingo	22026
ticket or card is a winning or nonwinning ticket or card and	22027
requires a winning ticket or card to be paid by a bingo game	22028
operator.	22029

(7) It may provide accounting and security features to aid in	22030
accounting for the instant bingo tickets or cards it dispenses.	22031

(8) It is not part of an electronic network and is not	22032
interactive.	22033

(TT)(1) "Electronic bingo aid" means an electronic device	22034
used by a participant to monitor bingo cards or sheets purchased	22035
at the time and place of a bingo session and that does all of the	22036
following:	22037

(a) It provides a means for a participant to input numbers	22038
and letters announced by a bingo caller.	22039

(b) It compares the numbers and letters entered by the	22040
participant to the bingo faces previously stored in the memory of	22041
the device.	22042

22043

(2) "Electronic bingo aid" does not include any device into	22044
which a coin, currency, token, or an equivalent is inserted to	22045
activate play.	22046

(UU) "Deal of instant bingo tickets" means a single game of	22047
instant bingo tickets all with the same serial number.	22048

(VV)(1) "Slot" machine means either of the following:

22049

~~(1)~~(a) Any mechanical, electronic, video, or digital device	22050
that is capable of accepting anything of value, directly or	22051
indirectly, from or on behalf of a player who gives the thing of	22052
value in the hope of gain, the outcome of which is determined	22053
largely or wholly by chance;	22054

~~(2)~~(b) Any mechanical, electronic, video, or digital device	22055
that is capable of accepting anything of value, directly or	22056
indirectly, from or on behalf of a player to conduct or dispense	22057
bingo or a scheme or game of chance.	22058

(2) "Slot machine" does not include a skill-based amusement	22059
machine.	22060

(WW) "Net profit from the proceeds of the sale of instant	22061
bingo" means gross profit minus the ordinary, necessary, and	22062
reasonable expense expended for the purchase of instant bingo	22063
supplies.	22064

(XX) "Charitable instant bingo organization" means an	22065
organization that is exempt from federal income taxation under	22066
subsection 501(a) and described in subsection 501(c)(3) of the	22067
Internal Revenue Code and is a charitable organization as defined	22068
in this section. A "charitable instant bingo organization" does	22069
not include a charitable organization that is exempt from federal	22070
income taxation under subsection 501(a) and described in	22071
subsection 501(c)(3) of the Internal Revenue Code and that is	22072
created by a veteran's organization or, a fraternal organization,	22073
or a sporting organization in regards to bingo conducted or	22074
assisted by a veteran's organization or, a fraternal organization,	22075
or a sporting organization pursuant to section 2915.13 of the	22076
Revised Code.	22077

(YY) "Game flare" means the board or placard that accompanies	22078
each deal of instant bingo tickets and that has printed on or	22079
affixed to it the following information for the game:	22080

(1) The name of the game;

22081

(2) The manufacturer's name or distinctive logo;

22082

(3) The form number;

22083

(4) The ticket count;

22084

(5) The prize structure, including the number of winning	22085
instant bingo tickets by denomination and the respective winning	22086
symbol or number combinations for the winning instant bingo	22087
tickets;	22088

(6) The cost per play;

22089

(7) The serial number of the game.

22090

(ZZ) "Historic railroad educational organization" means an	22091
organization that is exempt from federal income taxation under	22092
subsection 501(a) and described in subsection 501(c)(3) of the	22093
Internal Revenue Code, that owns in fee simple the tracks and the	22094
right of way of a historic railroad that the organization restores	22095
or maintains and on which the organization provides excursions as	22096
part of a program to promote tourism and educate visitors	22097
regarding the role of railroad transportation in Ohio history, and	22098
that received as donations from a charitable organization that	22099
holds a license to conduct bingo under this chapter an amount	22100
equal to at least fifty per cent of that licensed charitable	22101
organization's net proceeds from the conduct of bingo during each	22102
of the five years preceding June 30, 2003. "Historic railroad"	22103
means all or a portion of the tracks and right of way of a	22104
railroad that was owned and operated by a for profit common	22105
carrier in this state at any time prior to January 1, 1950.	22106

(AAA)(1) "Skill-based amusement machine" means a skill-based	22107
amusement device, such as a mechanical, electronic, video, or	22108
digital device, or machine, whether or not the skill-based	22109
amusement machine requires payment for use through a coin or bill	22110
validator or other payment of consideration or value to	22111
participate in the machine's offering or to activate the machine,	22112
provided that all of the following apply:	22113

(a) The machine involves a task, game, play, contest,	22114
competition, or tournament in which the player actively	22115
participates in the task, game, play, contest, competition, or	22116
tournament.	22117

(b) The outcome of an individual's play and participation is	22118
not determined largely or wholly by chance.	22119

(c) The outcome of play during a game is not controlled by a	22120
person not actively participating in the game.	22121

(2) All of the following apply to any machine that is	22122
operated as described in division (AAA)(1) of this section:	22123

(a) As used in this section, "task," "game," and "play" mean	22124
one event from the initial activation of the machine until the	22125
results of play are determined without payment of additional	22126
consideration. An individual utilizing a machine that involves a	22127
single task, game, play, contest, competition, or tournament may	22128
be awarded prizes based on the results of play.	22129

(b) Advance play for a single task, game, play, contest,	22130
competition, or tournament participation may be purchased. The	22131
cost of the contest, competition, or tournament participation may	22132
be greater than a single non-contest, competition, or tournament	22133
play.	22134

(c) To the extent that the machine is used in a contest,	22135
competition, or tournament, that contest, competition, or	22136
tournament has a defined starting and ending date and is open to	22137
participants in competition for scoring and ranking results toward	22138
the awarding of prizes that are stated prior to the start of the	22139
contest, competition, or tournament.	22140

(BBB) "Pool not conducted for profit" means a scheme in which	22141
a participant gives a valuable consideration for a chance to win a	22142
prize and the total amount of consideration wagered is distributed	22143
to a participant or participants.	22144

(CCC) "Sporting organization" means a hunting, fishing, or	22145
trapping organization, other than a college or high school	22146
fraternity or sorority, that is not organized for profit, that is	22147
affiliated with a state or national sporting organization,	22148
including but not limited to, the Ohio League of sportsmen, and	22149
that has been in continuous existence in this state for a period	22150
of three years.	22151

Sec. 2915.02. (A) No person shall do any of the following:

22152

(1) Engage in bookmaking, or knowingly engage in conduct that	22153
facilitates bookmaking;	22154

(2) Establish, promote, or operate or knowingly engage in	22155
conduct that facilitates any game of chance conducted for profit	22156
or any scheme of chance;	22157

(3) Knowingly procure, transmit, exchange, or engage in	22158
conduct that facilitates the procurement, transmission, or	22159
exchange of information for use in establishing odds or	22160
determining winners in connection with bookmaking or with any game	22161
of chance conducted for profit or any scheme of chance;	22162

(4) Engage in betting or in playing any scheme or game of	22163
chance as a substantial source of income or livelihood;	22164

(5) With purpose to violate division (A)(1), (2), (3), or (4)	22165
of this section, acquire, possess, control, or operate any	22166
gambling device.	22167

(B) For purposes of division (A)(1) of this section, a person	22168
facilitates bookmaking if the person in any way knowingly aids an	22169
illegal bookmaking operation, including, without limitation,	22170
placing a bet with a person engaged in or facilitating illegal	22171
bookmaking. For purposes of division (A)(2) of this section, a	22172
person facilitates a game of chance conducted for profit or a	22173
scheme of chance if the person in any way knowingly aids in the	22174
conduct or operation of any such game or scheme, including,	22175
without limitation, playing any such game or scheme.	22176

(C) This section does not prohibit conduct in connection with	22177
gambling expressly permitted by law.	22178

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

22179

(1) Games of chance, if all of the following apply:

22180

(a) The games of chance are not craps for money or roulette	22181
for money.	22182

(b) The games of chance are conducted by a charitable	22183
organization that is, and has received from the internal revenue	22184
service a determination letter that is currently in effect,	22185
stating that the organization is, exempt from federal income	22186
taxation under subsection 501(a) and described in subsection	22187
501(c)(3) of the Internal Revenue Code.	22188

(c) The games of chance are conducted at festivals of the	22189
charitable organization that are conducted either for a period of	22190
four consecutive days or less and not more than twice a year or	22191
for a period of five consecutive days not more than once a year,	22192
and are conducted on premises owned by the charitable organization	22193
for a period of no less than one year immediately preceding the	22194
conducting of the games of chance, on premises leased from a	22195
governmental unit, or on premises that are leased from a veteran's	22196
or fraternal organization and that have been owned by the lessor	22197
veteran's or fraternal organization for a period of no less than	22198
one year immediately preceding the conducting of the games of	22199
chance.	22200

A charitable organization shall not lease premises from a	22201
veteran's or fraternal organization to conduct a festival	22202
described in division (D)(1)(c) of this section if the veteran's	22203
or fraternal organization already has leased the premises four	22204
times during the preceding year to charitable organizations for	22205
that purpose. If a charitable organization leases premises from a	22206
veteran's or fraternal organization to conduct a festival	22207
described in division (D)(1)(c) of this section, the charitable	22208
organization shall not pay a rental rate for the premises per day	22209
of the festival that exceeds the rental rate per bingo session	22210
that a charitable organization may pay under division (B)(1) of	22211
section 2915.09 of the Revised Code when it leases premises from	22212
another charitable organization to conduct bingo games.	22213

(d) All of the money or assets received from the games of	22214
chance after deduction only of prizes paid out during the conduct	22215
of the games of chance are used by, or given, donated, or	22216
otherwise transferred to, any organization that is described in	22217
subsection 509(a)(1), 509(a)(2), or 509(a)(3) of the Internal	22218
Revenue Code and is either a governmental unit or an organization	22219
that is tax exempt under subsection 501(a) and described in	22220
subsection 501(c)(3) of the Internal Revenue Code;	22221

(e) The games of chance are not conducted during, or within	22222
ten hours of, a bingo game conducted for amusement purposes only	22223
pursuant to section 2915.12 of the Revised Code.	22224

No person shall receive any commission, wage, salary, reward,	22225
tip, donation, gratuity, or other form of compensation, directly	22226
or indirectly, for operating or assisting in the operation of any	22227
game of chance.	22228

(2) Any tag fishing tournament operated under a permit issued	22229
under section 1533.92 of the Revised Code, as "tag fishing	22230
tournament" is defined in section 1531.01 of the Revised Code;	22231

(3) Bingo conducted by a charitable organization that holds a	22232
license issued under section 2915.08 of the Revised Code.	22233

(E) Division (D) of this section shall not be construed to	22234
authorize the sale, lease, or other temporary or permanent	22235
transfer of the right to conduct games of chance, as granted by	22236
that division, by any charitable organization that is granted that	22237
right.	22238

(F) Whoever violates this section is guilty of gambling, a	22239
misdemeanor of the first degree. If the offender previously has	22240
been convicted of any gambling offense, gambling is a felony of	22241
the fifth degree.	22242

Sec. 2915.08. (A)(1) Annually before the first day of	22243
January, a charitable organization that desires to conduct bingo,	22244
instant bingo at a bingo session, or instant bingo other than at a	22245
bingo session shall make out, upon a form to be furnished by the	22246
attorney general for that purpose, an application for a license to	22247
conduct bingo, instant bingo at a bingo session, or instant bingo	22248
other than at a bingo session and deliver that application to the	22249
attorney general together with a license fee as follows:	22250

(a) Except as otherwise provided in this division, for a	22251
license for the conduct of bingo, two hundred dollars;	22252

(b) For a license for the conduct of instant bingo at a bingo	22253
session or instant bingo other than at a bingo session for a	22254
~~charitiable~~charitable organization that previously has not been	22255
licensed under this chapter to conduct instant bingo at a bingo	22256
session or instant bingo other than at a bingo session, a license	22257
fee of five hundred dollars, and for any other charitable	22258
organization, a license fee that is based upon the ~~total of all~~	22259
~~money or assets~~gross profits received by ~~any person or~~ the	22260
charitable organization from the operation of instant bingo at a	22261
bingo session or instant bingo other than at a bingo session,	22262
during the one-year period ending on the thirty-first day of	22263
October of the year immediately preceding the year for which the	22264
license is sought, and that is one of the following:	22265

(i) Five hundred dollars, if the total is fifty thousand	22266
dollars or less;	22267

(ii) One thousand two hundred fifty dollars plus one-fourth	22268
per cent of the gross profit, if the total is more than fifty	22269
thousand dollars but less than ~~three~~two hundred fifty thousand	22270
one dollars;	22271

(iii) Two thousand two hundred fifty dollars plus one-half	22272
per cent of the gross profit, if the total is more than ~~three~~two	22273
hundred fifty thousand dollars but less than ~~six~~five hundred	22274
thousand one dollars;	22275

(iv) Three thousand five hundred dollars plus one per cent of	22276
the gross profit, if the total is more than ~~six~~five hundred	22277
thousand dollars but less than one million one dollars;	22278

(v) Five thousand dollars plus one per cent of the gross	22279
profit, if the total is one million one dollars or more;	22280

(c) A reduced license fee established by the attorney general	22281
pursuant to division (G) of this section.	22282

(d) For a license to conduct bingo for a charitable	22283
organization that prior to ~~the effective date of this amendment~~	22284
the effective date of this amendment has not been licensed under	22285
this chapter to conduct bingo, instant bingo at a bingo session,	22286
or instant bingo other than at a bingo session, a license fee	22287
established by rule by the attorney general in accordance with	22288
division (H) of this section.	22289

(2) The application shall be in the form prescribed by the	22290
attorney general, shall be signed and sworn to by the applicant,	22291
and shall contain all of the following:	22292

(a) The name and post-office address of the applicant;

22293

(b) A statement that the applicant is a charitable	22294
organization and that it has been in continuous existence as a	22295
charitable organization in this state for two years immediately	22296
preceding the making of the application or for five years in the	22297
case of a fraternal organization or a nonprofit medical	22298
organization;	22299

(c) The location at which the organization will conduct	22300
bingo, which location shall be within the county in which the	22301
principal place of business of the applicant is located, the days	22302
of the week and the times on each of those days when bingo will be	22303
conducted, whether the organization owns, leases, or subleases the	22304
premises, and a copy of the rental agreement if it leases or	22305
subleases the premises;	22306

(d) A statement of the applicant's previous history, record,	22307
and association that is sufficient to establish that the applicant	22308
is a charitable organization, and a copy of a determination letter	22309
that is issued by the Internal Revenue Service and states that the	22310
organization is tax exempt under subsection 501(a) and described	22311
in subsection 501(c)(3), 501(c)(4), 501(c)(7), 501(c)(8),	22312
501(c)(10), or 501(c)(19) of the Internal Revenue Code;	22313

(e) A statement as to whether the applicant has ever had any	22314
previous application refused, whether it previously has had a	22315
license revoked or suspended, and the reason stated by the	22316
attorney general for the refusal, revocation, or suspension;	22317

(f) A statement of the charitable purposes for which the net	22318
profit derived from bingo, other than instant bingo, will be used,	22319
and a statement of how the net profit derived from instant bingo	22320
will be distributed in accordance with section 2915.101 of the	22321
Revised Code;	22322

(g) Other necessary and reasonable information that the	22323
attorney general may require by rule adopted pursuant to section	22324
111.15 of the Revised Code;	22325

(h) If the applicant is a charitable trust as defined in	22326
section 109.23 of the Revised Code, a statement as to whether it	22327
has registered with the attorney general pursuant to section	22328
109.26 of the Revised Code or filed annual reports pursuant to	22329
section 109.31 of the Revised Code, and, if it is not required to	22330
do either, the exemption in section 109.26 or 109.31 of the	22331
Revised Code that applies to it;	22332

(i) If the applicant is a charitable organization as defined	22333
in section 1716.01 of the Revised Code, a statement as to whether	22334
it has filed with the attorney general a registration statement	22335
pursuant to section 1716.02 of the Revised Code and a financial	22336
report pursuant to section 1716.04 of the Revised Code, and, if it	22337
is not required to do both, the exemption in section 1716.03 of	22338
the Revised Code that applies to it;	22339

(j) In the case of an applicant seeking to qualify as a youth	22340
athletic park organization, a statement issued by a board or body	22341
vested with authority under Chapter 755. of the Revised Code for	22342
the supervision and maintenance of recreation facilities in the	22343
territory in which the organization is located, certifying that	22344
the playing fields owned by the organization were used for at	22345
least one hundred days during the year in which the statement is	22346
issued, and were open for use to all residents of that territory,	22347
regardless of race, color, creed, religion, sex, or national	22348
origin, for athletic activities by youth athletic organizations	22349
that do not discriminate on the basis of race, color, creed,	22350
religion, sex, or national origin, and that the fields were not	22351
used for any profit-making activity at any time during the year.	22352
That type of board or body is authorized to issue the statement	22353
upon request and shall issue the statement if it finds that the	22354
applicant's playing fields were so used.	22355

(3) The attorney general, within thirty days after receiving	22356
a timely filed application from a charitable organization that has	22357
been issued a license under this section that has not expired and	22358
has not been revoked or suspended, shall send a temporary permit	22359
to the applicant specifying the date on which the application was	22360
filed with the attorney general and stating that, pursuant to	22361
section 119.06 of the Revised Code, the applicant may continue to	22362
conduct bingo until a new license is granted or, if the	22363
application is rejected, until fifteen days after notice of the	22364
rejection is mailed to the applicant. The temporary permit does	22365
not affect the validity of the applicant's application and does	22366
not grant any rights to the applicant except those rights	22367
specifically granted in section 119.06 of the Revised Code. The	22368
issuance of a temporary permit by the attorney general pursuant to	22369
this division does not prohibit the attorney general from	22370
rejecting the applicant's application because of acts that the	22371
applicant committed, or actions that the applicant failed to take,	22372
before or after the issuance of the temporary permit.	22373

(4) Within thirty days after receiving an initial license	22374
application from a charitable organization to conduct bingo,	22375
instant bingo at a bingo session, or instant bingo other than at a	22376
bingo session, the attorney general shall conduct a preliminary	22377
review of the application and notify the applicant regarding any	22378
deficiencies. Once an application is deemed complete, or beginning	22379
on the thirtieth day after the application is filed, if the	22380
attorney general failed to notify the applicant of any	22381
deficiencies, the attorney general shall have an additional sixty	22382
days to conduct an investigation and either grant or deny the	22383
application based on findings established and communicated in	22384
accordance with divisions (B) and (E) of this section. As an	22385
option to granting or denying an initial license application, the	22386
attorney general may grant a temporary license and request	22387
additional time to conduct the investigation if the attorney	22388
general has cause to believe that additional time is necessary to	22389
complete the investigation and has notified the applicant in	22390
writing about the specific concerns raised during the	22391
investigation.	22392

(B)(1) The attorney general shall adopt rules to enforce	22393
sections 2915.01, 2915.02, and 2915.07 to 2915.13 of the Revised	22394
Code to ensure that bingo or instant bingo is conducted in	22395
accordance with those sections and to maintain proper control over	22396
the conduct of bingo or instant bingo. The rules, except rules	22397
adopted pursuant to divisions (A)(2)(g) and (G) of this section,	22398
shall be adopted pursuant to Chapter 119. of the Revised Code. The	22399
attorney general shall license charitable organizations to conduct	22400
bingo, instant bingo at a bingo session, or instant bingo other	22401
than at a bingo session in conformance with this chapter and with	22402
the licensing provisions of Chapter 119. of the Revised Code.	22403

(2) The attorney general may refuse to grant a license to any	22404
organization, or revoke or suspend the license of any	22405
organization, that does any of the following or to which any of	22406
the following applies:	22407

(a) Fails or has failed at any time to meet any requirement	22408
of section 109.26, 109.31, or 1716.02, or sections 2915.07 to	22409
2915.11 of the Revised Code, or violates or has violated any	22410
provision of sections 2915.02 or 2915.07 to 2915.13 of the Revised	22411
Code or any rule adopted by the attorney general pursuant to this	22412
section;	22413

(b) Makes or has made an incorrect or false statement that is	22414
material to the granting of the license in an application filed	22415
pursuant to division (A) of this section;	22416

(c) Submits or has submitted any incorrect or false	22417
information relating to an application if the information is	22418
material to the granting of the license;	22419

(d) Maintains or has maintained any incorrect or false	22420
information that is material to the granting of the license in the	22421
records required to be kept pursuant to divisions (A) and (C) of	22422
section 2915.10 of the Revised Code, if applicable;	22423

(e) The attorney general has good cause to believe that the	22424
organization will not conduct bingo, instant bingo at a bingo	22425
session, or instant bingo other than at a bingo session in	22426
accordance with sections 2915.07 to 2915.13 of the Revised Code or	22427
with any rule adopted by the attorney general pursuant to this	22428
section.	22429

(3) For the purposes of division (B) of this section, any	22430
action of an officer, trustee, agent, representative, or bingo	22431
game operator of an organization is an action of the organization.	22432

(C) The attorney general may grant licenses to charitable	22433
organizations that are branches, lodges, or chapters of national	22434
charitable organizations.	22435

(D) The attorney general shall send notice in writing to the	22436
prosecuting attorney and sheriff of the county in which the	22437
organization will conduct bingo, instant bingo at a bingo session,	22438
or instant bingo other than at a bingo session, as stated in its	22439
application for a license or amended license, and to any other law	22440
enforcement agency in that county that so requests, of all of the	22441
following:	22442

(1) The issuance of the license;

22443

(2) The issuance of the amended license;

22444

(3) The rejection of an application for and refusal to grant	22445
a license;	22446

(4) The revocation of any license previously issued;

22447

(5) The suspension of any license previously issued.

22448

(E) A license issued by the attorney general shall set forth	22449
the information contained on the application of the charitable	22450
organization that the attorney general determines is relevant,	22451
including, but not limited to, the location at which the	22452
organization will conduct bingo, instant bingo at a bingo session,	22453
or instant bingo other than at a bingo session and the days of the	22454
week and the times on each of those days when bingo will be	22455
conducted. If the attorney general refuses to grant or revokes or	22456
suspends a license, the attorney general shall notify the	22457
applicant in writing and specifically identify the reason for the	22458
refusal, revocation, or suspension in narrative form and, if	22459
applicable, by identifying the section of the Revised Code	22460
violated. The failure of the attorney general to give the written	22461
notice of the reasons for the refusal, revocation, or suspension	22462
or a mistake in the written notice does not affect the validity of	22463
the attorney general's refusal to grant, or the revocation or	22464
suspension of, a license. If the attorney general fails to give	22465
the written notice or if there is a mistake in the written notice,	22466
the applicant may bring an action to compel the attorney general	22467
to comply with this division or to correct the mistake, but the	22468
attorney general's order refusing to grant, or revoking or	22469
suspending, a license shall not be enjoined during the pendency of	22470
the action.	22471

(F) A charitable organization that has been issued a license	22472
pursuant to division (B) of this section but that cannot conduct	22473
bingo or instant bingo at the location, or on the day of the week	22474
or at the time, specified on the license due to circumstances that	22475
make it impractical to do so may apply in writing, together with	22476
an application fee of two hundred fifty dollars, to the attorney	22477
general, at least thirty days prior to a change in location, day	22478
of the week, or time, and request an amended license. The	22479
application shall describe the causes making it impractical for	22480
the organization to conduct bingo or instant bingo in conformity	22481
with its license and shall indicate the location, days of the	22482
week, and times on each of those days when it desires to conduct	22483
bingo or instant bingo. Except as otherwise provided in this	22484
division, the attorney general shall issue the amended license in	22485
accordance with division (E) of this section, and the organization	22486
shall surrender its original license to the attorney general. The	22487
attorney general may refuse to grant an amended license according	22488
to the terms of division (B) of this section.	22489

(G) The attorney general, by rule adopted pursuant to section	22490
111.15 of the Revised Code, shall establish a schedule of reduced	22491
license fees for charitable organizations that desire to conduct	22492
bingo or instant bingo during fewer than twenty-six weeks in any	22493
calendar year.	22494

(H) The attorney general, by rule adopted pursuant to section	22495
111.15 of the Revised Code, shall establish license fees for the	22496
conduct of bingo, instant bingo at a bingo session, or instant	22497
bingo other than at a bingo session for charitable organizations	22498
that prior to ~~the effective date of this amendment~~the effective	22499
date of this amendment have not been licensed to conduct bingo,	22500
instant bingo at a bingo session, or instant bingo other than at a	22501
bingo session under this chapter.	22502

(I) The attorney general may enter into a written contract	22503
with any other state agency to delegate to that state agency the	22504
powers prescribed to the attorney general under Chapter 2915. of	22505
the Revised Code.	22506

(J) The attorney general, by rule adopted pursuant to section	22507
111.15 of the Revised Code, may adopt rules to determine the	22508
requirements for a charitable organization that is exempt from	22509
federal income taxation under subsection 501(a) and described in	22510
subsection 501(c)(3) of the Internal Revenue Code to be in good	22511
standing in the state.	22512

Sec. 2915.081. (A) No distributor shall sell, offer to sell,	22513
or otherwise provide or offer to provide bingo supplies to another	22514
person for use in this state without having obtained a license	22515
from the attorney general under this section.	22516

(B) The attorney general may issue a distributor license to	22517
any person that meets the requirements of this section. The	22518
application for the license shall be on a form prescribed by the	22519
attorney general and be accompanied by the annual fee prescribed	22520
by this section. The license is valid for a period of one year,	22521
and the annual fee for the license is ~~two~~five thousand ~~five~~	22522
~~hundred~~ dollars.	22523

(C) The attorney general may refuse to issue a distributor	22524
license to any person to which any of the following applies, or to	22525
any person that has an officer, partner, or other person who has	22526
an ownership interest of ten per cent or more and to whom any of	22527
the following applies:	22528

(1) The person, officer, or partner has been convicted of a	22529
felony under the laws of this state, another state, or the United	22530
States.	22531

(2) The person, officer, or partner has been convicted of any	22532
gambling offense.	22533

(3) The person, officer, or partner has made an incorrect or	22534
false statement that is material to the granting of a license in	22535
an application submitted to the attorney general under this	22536
section or in a similar application submitted to a gambling	22537
licensing authority in another jurisdiction if the statement	22538
resulted in license revocation through administrative action in	22539
the other jurisdiction.	22540

(4) The person, officer, or partner has submitted any	22541
incorrect or false information relating to the application to the	22542
attorney general under this section, if the information is	22543
material to the granting of the license.	22544

(5) The person, officer, or partner has failed to correct any	22545
incorrect or false information that is material to the granting of	22546
the license in the records required to be maintained under	22547
division (E) of section 2915.10 of the Revised Code.	22548

(6) The person, officer, or partner has had a license related	22549
to gambling revoked or suspended under the laws of this state,	22550
another state, or the United States.	22551

(D) The attorney general shall not issue a distributor	22552
license to any person that is involved in the conduct of bingo on	22553
behalf of a charitable organization or that is a lessor of	22554
premises used for the conduct of bingo. This division does not	22555
prohibit a distributor from advising charitable organizations on	22556
the use and benefit of specific bingo supplies or prohibit a	22557
distributor from advising a customer on operational methods to	22558
improve bingo profitability.	22559

(E)(1) No distributor shall sell, offer to sell, or otherwise	22560
provide or offer to provide bingo supplies to any person for use	22561
in this state except to a charitable organization that has been	22562
issued a license under section 2915.08 of the Revised Code or to	22563
another distributor that has been issued a license under this	22564
section. No distributor shall accept payment for the sale or other	22565
provision of bingo supplies other than by check.	22566

(2) No distributor may donate, give, loan, lease, or	22567
otherwise provide any bingo supplies or equipment to a charitable	22568
organization for use in a bingo session conditioned on or in	22569
consideration for an exclusive right to provide bingo supplies to	22570
the charitable organization. A distributor may provide a licensed	22571
charitable organization with free samples of the distributor's	22572
products to be used as prizes or to be used for the purpose of	22573
sampling.	22574

(3) No distributor shall purchase bingo supplies for use in	22575
this state from any person except from a manufacturer issued a	22576
license under section 2915.082 of the Revised Code or from another	22577
distributor issued a license under this section. Subject to	22578
division (D) of section 2915.082 of the Revised Code, no	22579
distributor shall pay for purchased bingo supplies other than by	22580
check.	22581

(4) No distributor shall participate in the conduct of bingo	22582
on behalf of a charitable organization or have any direct or	22583
indirect ownership interest in a premises used for the conduct of	22584
bingo.	22585

(5) No distributor shall knowingly solicit, offer, pay, or	22586
receive any kickback, bribe, or undocumented rebate, directly or	22587
indirectly, overtly or covertly, in cash or in kind, in return for	22588
providing bingo supplies to any person in this state.	22589

(F) The attorney general may suspend or revoke a distributor	22590
license for any of the reasons for which the attorney general may	22591
refuse to issue a distributor license specified in division (C) of	22592
this section or if the distributor holding the license violates	22593
any provision of this chapter or any rule adopted by the attorney	22594
general under this chapter.	22595

(G) Whoever violates division (A) or (E) of this section is	22596
guilty of illegally operating as a distributor. Except as	22597
otherwise provided in this division, illegally operating as a	22598
distributor is a misdemeanor of the first degree. If the offender	22599
previously has been convicted of a violation of division (A) or	22600
(E) of this section, illegally operating as a distributor is a	22601
felony of the fifth degree.	22602

Sec. 2915.082. (A) No manufacturer shall sell, offer to	22603
sell, or otherwise provide or offer to provide bingo supplies for	22604
use in this state without having obtained a license from the	22605
attorney general under this section.	22606

(B) The attorney general may issue a manufacturer license to	22607
any person that meets the requirements of this section. The	22608
application for the license shall be on a form prescribed by the	22609
attorney general and be accompanied by the annual fee prescribed	22610
by this section. The license is valid for a period of one year,	22611
and the annual fee for the license is ~~two~~five thousand ~~five~~	22612
~~hundred~~ dollars.	22613

(C) The attorney general may refuse to issue a manufacturer	22614
license to any person to which any of the following applies, or to	22615
any person that has an officer, partner, or other person who has	22616
an ownership interest of ten per cent or more and to whom any of	22617
the following applies:	22618

(1) The person, officer, or partner has been convicted of a	22619
felony under the laws of this state, another state, or the United	22620
States.	22621

(2) The person, officer, or partner has been convicted of any	22622
gambling offense.	22623

(3) The person, officer, or partner has made an incorrect or	22624
false statement that is material to the granting of a license in	22625
an application submitted to the attorney general under this	22626
section or in a similar application submitted to a gambling	22627
licensing authority in another jurisdiction if the statement	22628
resulted in license revocation through administrative action in	22629
the other jurisdiction.	22630

(4) The person, officer, or partner has submitted any	22631
incorrect or false information relating to the application to the	22632
attorney general under this section, if the information is	22633
material to the granting of the license.	22634

(5) The person, officer, or partner has failed to correct any	22635
incorrect or false information that is material to the granting of	22636
the license in the records required to be maintained under	22637
division (F) of section 2915.10 of the Revised Code.	22638

(6) The person, officer, or partner has had a license related	22639
to gambling revoked or suspended under the laws of this state,	22640
another state, or the United States.	22641

(D)(1) No manufacturer shall sell, offer to sell, or	22642
otherwise provide or offer to provide bingo supplies to any person	22643
for use in this state except to a distributor that has been issued	22644
a license under section 2915.081 of the Revised Code. No	22645
manufacturer shall accept payment for the sale of bingo supplies	22646
other than by check.	22647

(2) No manufacturer shall knowingly solicit, offer, pay, or	22648
receive any kickback, bribe, or undocumented rebate, directly or	22649
indirectly, overtly or covertly, in cash or in kind, in return for	22650
providing bingo supplies to any person in this state.	22651

(E)(1) The attorney general may suspend or revoke a	22652
manufacturer license for any of the reasons for which the attorney	22653
general may refuse to issue a manufacturer license specified in	22654
division (C) of this section or if the manufacturer holding the	22655
license violates any provision of this chapter or any rule adopted	22656
by the attorney general under this chapter.	22657

(2) The attorney general may perform an onsite inspection of	22658
a manufacturer of bingo supplies that is selling, offering to	22659
sell, or otherwise providing or offering to provide bingo supplies	22660
or that is applying for a license to sell, offer to sell, or	22661
otherwise provide or offer to provide bingo supplies in this	22662
state.	22663

(F) Whoever violates division (A) or (D) of this section is	22664
guilty of illegally operating as a manufacturer. Except as	22665
otherwise provided in this division, illegally operating as a	22666
manufacturer is a misdemeanor of the first degree. If the offender	22667
previously has been convicted of a violation of division (A) or	22668
(D) of this section, illegally operating as a manufacturer is a	22669
felony of the fifth degree.	22670

Sec. 2915.09. (A) No charitable organization that conducts	22671
bingo shall fail to do any of the following:	22672

(1) Own all of the equipment used to conduct bingo or lease	22673
that equipment from a charitable organization that is licensed to	22674
conduct bingo for a rental rate that is not more than is customary	22675
and reasonable for that equipment;	22676

(2) ~~Use~~Except as otherwise provided in division (A)(3) of	22677
this section, use all of the gross receipts from bingo for paying	22678
prizes, for renting premises in which to conduct a bingo session,	22679
for purchasing or leasing bingo supplies used in conducting bingo,	22680
for hiring security personnel, for advertising bingo, or for other	22681
expenses listed in division (LL) of section 2915.01 of the Revised	22682
Code, provided that the amount of the receipts so spent is not	22683
more than is customary and reasonable for a similar purchase,	22684
lease, hiring, advertising, or expense. If the building in which	22685
bingo is conducted is owned by the charitable organization	22686
conducting bingo and the bingo conducted includes a form of bingo	22687
described in division (S)(1) of section 2915.01 of the Revised	22688
Code, the charitable organization may deduct from the total amount	22689
of the gross receipts from each session a sum equal to the lesser	22690
of six hundred dollars or forty-five per cent of the gross	22691
receipts from the bingo described in that division as	22692
consideration for the use of the premises.	22693

(3) Use, or give, donate, or otherwise transfer, all of the	22694
net profit derived from bingo, other than instant bingo, for a	22695
charitable purpose listed in its license application and described	22696
in division (Z) of section 2915.01 of the Revised Code, or	22697
distribute all of the net profit ~~derived from instant bingo~~from	22698
the proceeds of the sale of instant bingo as stated in its license	22699
application and in accordance with section 2915.101 of the Revised	22700
Code.	22701

(B) No charitable organization that conducts a bingo game	22702
described in division (S)(1) of section 2915.01 of the Revised	22703
Code shall fail to do any of the following:	22704

(1) Conduct the bingo game on premises that are owned by the	22705
charitable organization, on premises that are owned by another	22706
charitable organization and leased from that charitable	22707
organization for a rental rate not in excess of the lesser of six	22708
hundred dollars per bingo session or forty-five per cent of the	22709
gross receipts of the bingo session, on premises that are leased	22710
from a person other than a charitable organization for a rental	22711
rate that is not more than is customary and reasonable for	22712
premises that are similar in location, size, and quality but not	22713
in excess of four hundred fifty dollars per bingo session, or on	22714
premises that are owned by a person other than a charitable	22715
organization, that are leased from that person by another	22716
charitable organization, and that are subleased from that other	22717
charitable organization by the charitable organization for a	22718
rental rate not in excess of four hundred fifty dollars per bingo	22719
session. If the charitable organization leases from a person other	22720
than a charitable organization the premises on which it conducts	22721
bingo sessions, the lessor of the premises shall provide only the	22722
premises to the organization and shall not provide the	22723
organization with bingo game operators, security personnel,	22724
concessions or concession operators, bingo supplies, or any other	22725
type of service or equipment. A charitable organization shall not	22726
lease or sublease premises that it owns or leases to more than one	22727
other charitable organization per calendar week for the purpose of	22728
conducting bingo sessions on the premises. A person that is not a	22729
charitable organization shall not lease premises that it owns,	22730
leases, or otherwise is empowered to lease to more than one	22731
charitable organization per calendar week for conducting bingo	22732
sessions on the premises. In no case shall more than two bingo	22733
sessions be conducted on any premises in any calendar week.	22734

(2) Display its license conspicuously at the premises where	22735
the bingo session is conducted;	22736

(3) Conduct the bingo session in accordance with the	22737
definition of bingo set forth in division (S)(1) of section	22738
2915.01 of the Revised Code.	22739

(C) No charitable organization that conducts a bingo game	22740
described in division (S)(1) of section 2915.01 of the Revised	22741
Code shall do any of the following:	22742

(1) Pay any compensation to a bingo game operator for	22743
operating a bingo session that is conducted by the charitable	22744
organization or for preparing, selling, or serving food or	22745
beverages at the site of the bingo session, permit any auxiliary	22746
unit or society of the charitable organization to pay compensation	22747
to any bingo game operator who prepares, sells, or serves food or	22748
beverages at a bingo session conducted by the charitable	22749
organization, or permit any auxiliary unit or society of the	22750
charitable organization to prepare, sell, or serve food or	22751
beverages at a bingo session conducted by the charitable	22752
organization, if the auxiliary unit or society pays any	22753
compensation to the bingo game operators who prepare, sell, or	22754
serve the food or beverages;	22755

(2) Pay consulting fees to any person for any services	22756
performed in relation to the bingo session;	22757

(3) Pay concession fees to any person who provides	22758
refreshments to the participants in the bingo session;	22759

(4) Except as otherwise provided in division (C)(4) of this	22760
section, conduct more than two bingo sessions in any seven-day	22761
period. A volunteer firefighter's organization or a volunteer	22762
rescue service organization that conducts not more than five bingo	22763
sessions in a calendar year may conduct more than two bingo	22764
sessions in a seven-day period after notifying the attorney	22765
general when it will conduct the sessions.	22766

(5) Pay out more than three thousand five hundred dollars in	22767
prizes for bingo games described in division (S)(1) of section	22768
2915.01 of the Revised Code during any bingo session that is	22769
conducted by the charitable organization;. "Prizes" does not	22770
include awards from the conduct of instant bingo.	22771

(6) Conduct a bingo session at any time during the ten-hour	22772
period between midnight and ten a.m., at any time during, or	22773
within ten hours of, a bingo game conducted for amusement only	22774
pursuant to section 2915.12 of the Revised Code, at any premises	22775
not specified on its license, or on any day of the week or during	22776
any time period not specified on its license. If circumstances	22777
make it impractical for the charitable organization to conduct a	22778
bingo session at the premises, or on the day of the week or at the	22779
time, specified on its license or if a charitable organization	22780
wants to conduct bingo sessions on a day of the week or at a time	22781
other than the day or time specified on its license, the	22782
charitable organization may apply in writing to the attorney	22783
general for an amended license pursuant to division (F) of section	22784
2915.08 of the Revised Code. A charitable organization may apply	22785
twice in each calendar year for an amended license to conduct	22786
bingo sessions on a day of the week or at a time other than the	22787
day or time specified on its license. If the amended license is	22788
granted, the organization may conduct bingo sessions at the	22789
premises, on the day of the week, and at the time specified on its	22790
amended license.	22791

(7) Permit any person whom the charitable organization knows,	22792
or should have known, is under the age of eighteen to work as a	22793
bingo game operator;	22794

(8) Permit any person whom the charitable organization knows,	22795
or should have known, has been convicted of a felony or gambling	22796
offense in any jurisdiction to be a bingo game operator;	22797

(9) Permit the lessor of the premises on which the bingo	22798
session is conducted, if the lessor is not a charitable	22799
organization, to provide the charitable organization with bingo	22800
game operators, security personnel, concessions, bingo supplies,	22801
or any other type of service or equipment;	22802

(10) Purchase or lease bingo supplies from any person except	22803
a distributor issued a license under section 2915.081 of the	22804
Revised Code;	22805

(11)(a) Use or permit the use of electronic bingo aids except	22806
under the following circumstances:	22807

(i) For any single participant, not more than ninety bingo	22808
faces can be played using an electronic bingo aid or aids.	22809

(ii) The charitable organization shall provide a participant	22810
using an electronic bingo aid with corresponding paper bingo cards	22811
or sheets.	22812

(iii) The total price of bingo faces played with an	22813
electronic bingo aid shall be equal to the total price of the same	22814
number of bingo faces played with a paper bingo card or sheet sold	22815
at the same bingo session but without an electronic bingo aid.	22816

(iv) An electronic bingo aid cannot be part of an electronic	22817
network other than a network that includes only bingo aids and	22818
devices that are located on the premises at which the bingo is	22819
being conducted or be interactive with any device not located on	22820
the premises at which the bingo is being conducted.	22821

(v) An electronic bingo aid cannot be used to participate in	22822
bingo that is conducted at a location other than the location at	22823
which the bingo session is conducted and at which the electronic	22824
bingo aid is used.	22825

(vi) An electronic bingo aid cannot be used to provide for	22826
the input of numbers and letters announced by a bingo caller other	22827
than the bingo caller who physically calls the numbers and letters	22828
at the location at which the bingo session is conducted and at	22829
which the electronic bingo aid is used.	22830

(b) The attorney general may adopt rules in accordance with	22831
Chapter 119. of the Revised Code that govern the use of electronic	22832
bingo aids. The rules may include a requirement that an electronic	22833
bingo aid be capable of being audited by the attorney general to	22834
verify the number of bingo cards or sheets played during each	22835
bingo session.	22836

(12) Permit any person the charitable organization knows, or	22837
should have known, to be under eighteen years of age to play bingo	22838
described in division (S)(1) of section 2915.01 of the Revised	22839
Code.	22840

(D)(1) Except as otherwise provided in ~~this~~ division (D)(3)	22841
of this section, no charitable organization shall provide to a	22842
bingo game operator, and no bingo game operator shall receive or	22843
accept, any commission, wage, salary, reward, tip, donation,	22844
gratuity, or other form of compensation, directly or indirectly,	22845
regardless of the source, for conducting bingo or providing other	22846
work or labor at the site of bingo during a bingo session. ~~This~~	22847

(2) Except as otherwise provided in division (D)(3) of this	22848
section, no charitable organization shall provide to a bingo game	22849
operator any commission, wage, salary, reward, tip, donation,	22850
gratuity, or other form of compensation, directly or indirectly,	22851
regardless of the source, for conducting instant bingo other than	22852
at a bingo session at the site of instant bingo other than at a	22853
bingo session.	22854

(3) Nothing in division ~~does not prohibit~~(D) of this section	22855
prohibits an employee of a fraternal organization or, veteran's	22856
organization, or sporting organization from selling instant bingo	22857
tickets or cards to the organization's members or invited guests,	22858
as long as no portion of the employee's compensation is paid from	22859
any receipts of bingo.	22860

(E) Notwithstanding division (B)(1) of this section, a	22861
charitable organization that, prior to December 6, 1977, has	22862
entered into written agreements for the lease of premises it owns	22863
to another charitable organization or other charitable	22864
organizations for the conducting of bingo sessions so that more	22865
than two bingo sessions are conducted per calendar week on the	22866
premises, and a person that is not a charitable organization and	22867
that, prior to December 6, 1977, has entered into written	22868
agreements for the lease of premises it owns to charitable	22869
organizations for the conducting of more than two bingo sessions	22870
per calendar week on the premises, may continue to lease the	22871
premises to those charitable organizations, provided that no more	22872
than four sessions are conducted per calendar week, that the	22873
lessor organization or person has notified the attorney general in	22874
writing of the organizations that will conduct the sessions and	22875
the days of the week and the times of the day on which the	22876
sessions will be conducted, that the initial lease entered into	22877
with each organization that will conduct the sessions was filed	22878
with the attorney general prior to December 6, 1977, and that each	22879
organization that will conduct the sessions was issued a license	22880
to conduct bingo games by the attorney general prior to December	22881
6, 1977.	22882

(F) This section does not prohibit a bingo licensed	22883
charitable organization or a game operator from giving any person	22884
an instant bingo ticket as a prize.	22885

(G) Whoever violates division (A)(2) of this section is	22886
guilty of illegally conducting a bingo game, a felony of the	22887
fourth degree. Except as otherwise provided in this division,	22888
whoever violates division (A)(1) or (3), (B)(1), (2), or (3),	22889
(C)(1) to (12), or (D) of this section is guilty of a minor	22890
misdemeanor. If the offender previously has been convicted of a	22891
violation of division (A)(1) or (3), (B)(1), (2), or (3), (C)(1)	22892
to (11), or, (D) of this section, a violation of division (A)(1)	22893
or (3), (B)(1), (2), or (3), (C), or (D) of this section is a	22894
misdemeanor of the first degree. Whoever violates division (C)(12)	22895
of this section is guilty of a misdemeanor of the first degree, if	22896
the offender previously has been convicted of a violation of	22897
division (C)(12) of this section, a felony of the fourth degree.	22898

Sec. 2915.091. (A) No charitable organization that conducts	22899
instant bingo shall do any of the following:	22900

(1) Fail to comply with the requirements of divisions (A)(1),	22901
(2), and (3) of section 2915.09 of the Revised Code;	22902

(2) Conduct instant bingo unless either of the following	22903
apply:	22904

(a) That organization is, and has received from the internal	22905
revenue service a determination letter that is currently in effect	22906
stating that the organization is, exempt from federal income	22907
taxation under subsection 501(a), is described in subsection	22908
501(c)(3) of the Internal Revenue Code, is a charitable	22909
organization as defined in section 2915.01 of the Revised Code, is	22910
in good standing in the state pursuant to section 2915.08 of the	22911
Revised Code, and is in compliance with Chapter 1716. of the	22912
Revised Code;	22913

(b) That organization is, and has received from the internal	22914
revenue service a determination letter that is currently in effect	22915
stating that the organization is, exempt from federal income	22916
taxation under subsection 501(a), is described in subsection	22917
501(c)(7), 501(c)(8), 501(c)(10), or 501(c)(19) or is a veteran's	22918
organization described in subsection 501(c)(4) of the Internal	22919
Revenue Code, and conducts instant bingo under section 2915.13 of	22920
the Revised Code.	22921

(3) Conduct instant bingo on any day, at any time, or at any	22922
premises not specified on the organization's license issued	22923
pursuant to section 2915.08 of the Revised Code;	22924

(4) Permit any person whom the organization knows or should	22925
have known has been convicted of a felony or gambling offense in	22926
any jurisdiction to be a bingo game operator in the conduct of	22927
instant bingo;	22928

(5) Purchase or lease supplies used to conduct instant bingo	22929
or punch board games from any person except a distributor licensed	22930
under section 2915.081 of the Revised Code;	22931

(6) Sell or provide any instant bingo ticket or card for a	22932
price different from the price printed on it by the manufacturer	22933
on either the instant bingo ticket or card or on the game flare;	22934

(7) Sell an instant bingo ticket or card to a person under	22935
eighteen years of age;	22936

(8) Fail to keep unsold instant bingo tickets or cards for	22937
less than three years;	22938

(9) Pay any compensation to a bingo game operator for	22939
conducting instant bingo that is conducted by the organization or	22940
for preparing, selling, or serving food or beverages at the site	22941
of the instant bingo game, permit any auxiliary unit or society of	22942
the organization to pay compensation to any bingo game operator	22943
who prepares, sells, or serves food or beverages at an instant	22944
bingo game conducted by the organization, or permit any auxiliary	22945
unit or society of the organization to prepare, sell, or serve	22946
food or beverages at an instant bingo game conducted by the	22947
organization, if the auxiliary unit or society pays any	22948
compensation to the bingo game operators who prepare, sell, or	22949
serve the food or beverages;	22950

(10) Pay fees to any person for any services performed in	22951
relation to an instant bingo game;	22952

(11) Pay fees to any person who provides refreshments to the	22953
participants in an instant bingo game;	22954

(12)(a) Allow instant bingo tickets or cards to be sold to	22955
bingo game operators ~~who are performing work or labor~~ at a	22956
premises at which the organization sells instant bingo tickets or	22957
cards or to be sold to employees of a D permit holder who are	22958
working at a premises at which instant bingo tickets or cards are	22959
sold ~~on behalf of the organization as described in division (B) of~~	22960
~~section 4301.03 of the Revised Code~~;	22961

(b) Division (A)(12)(a) of this section does not prohibit a	22962
licensed charitable organization or a bingo game operator from	22963
giving any person an instant bingo tickets as a prize.	22964

(13) Fail to display its bingo license, and the serial	22965
numbers of the deal of instant bingo tickets or cards to be sold,	22966
conspicuously at each premises at which it sells instant bingo	22967
tickets or cards;	22968

(14) Possess a deal of instant bingo tickets or cards that	22969
was not purchased from a distributor licensed under section	22970
2915.081 of the Revised Code as reflected on an invoice issued by	22971
the distributor that contains all of the information required by	22972
division (E) of section 2915.10 of the Revised Code;	22973

(15) Fail, once it opens a deal of instant bingo tickets or	22974
cards, to continue to sell the tickets or cards in that deal until	22975
the tickets or cards with the top two highest tiers of prizes in	22976
that deal are sold;	22977

(16) Purchase, lease, or use instant bingo ticket dispensers	22978
to sell instant bingo tickets or cards;	22979

(17) Possess bingo supplies that were not obtained in	22980
accordance with sections 2915.01 to 2915.13 of the Revised Code.	22981

(B) A charitable organization may conduct instant bingo other	22982
than at a bingo session at not more than five separate locations.	22983
A charitable organization that is exempt from federal taxation	22984
under subsection 501(a) and described in subsection 501(c)(3) of	22985
the Internal Revenue Code and that is created by a veteran's	22986
organization or a fraternal organization is not limited in the	22987
number of separate locations the charitable organization may	22988
conduct instant bingo other than at a bingo session.	22989

(C) The attorney general may adopt rules in accordance with	22990
Chapter 119. of the Revised Code that govern the conduct of	22991
instant bingo by charitable organizations. Before those rules are	22992
adopted, the attorney general shall reference the recommended	22993
standards for opacity, randomization, minimum information, winner	22994
protection, color, and cutting for instant bingo tickets or cards,	22995
seal cards, and punch boards established by the North American	22996
gaming regulators association.	22997

(D) Whoever violates division (A) of this section or a rule	22998
adopted under division ~~(B)~~(C) of this section is guilty of illegal	22999
instant bingo conduct. Except as otherwise provided in this	23000
division, illegal instant bingo conduct is a misdemeanor of the	23001
first degree. If the offender previously has been convicted of a	23002
violation of division (A) of this section or of such a rule,	23003
illegal instant bingo conduct is a felony of the fifth degree.	23004

Sec. 2915.092. (A) A charitable organization, a public	23005
school, a chartered nonpublic school, a community school, or a	23006
sporting organization that is exempt from federal income taxation	23007
under subsection 501(a) and is described in subsection 501(c)(3),	23008
501(c)(4), or 501(c)(7) of the Internal Revenue Code may conduct a	23009
raffle to raise money for the ~~charitable~~ organization or school	23010
and does not need a license to conduct bingo in order to conduct a	23011
raffle drawing that is not for profit.	23012

(B)~~(1) No charitable organization shall conduct a raffle~~	23013
~~unless the organization is, and has received from the internal~~	23014
~~revenue service a determination letter that is currently in effect~~	23015
~~stating that the organization is, exempt from federal income~~	23016
~~taxation under subsection 501(a) and is described in subsection~~	23017
~~501(c)(3) of the Internal Revenue Code.~~	23018

~~(2) No charitable organization shall conduct more than~~	23019
~~thirty-six raffles during a calendar year.~~	23020

~~(3) No person shall be compensated directly or indirectly for~~	23021
~~assisting in the conduct or operation of a raffle.~~Except as	23022
provided in division (A) of this section, no person shall conduct	23023
a raffle drawing that is for profit or a raffle drawing that is	23024
not for profit.	23025

(C) ~~No raffle drawing shall be conducted on premises other~~	23026
~~than premises that a charitable organization uses for its~~	23027
~~charitable programs.~~	23028

~~(D) No person shall fail to use, or give, donate, or~~	23029
~~otherwise transfer, the net profit from a raffle for a charitable~~	23030
~~purpose described in division (Z) of section 2915.01 of the~~	23031
~~Revised Code.~~	23032

~~(E)~~ Whoever violates division (B)~~, (C), or (D)~~ of this	23033
section is guilty of illegal conduct of a raffle. Except as	23034
otherwise provided in this division, illegal conduct of a raffle	23035
is a misdemeanor of the first degree. If the offender previously	23036
has been convicted of a violation of division (B)~~, (C), or (D)~~ of	23037
this section, illegal conduct of a raffle is a felony of the fifth	23038
degree.	23039

Sec. 2915.093. (A) As used in this section, "retail income	23040
from all commercial activity" includes the sale of instant bingo	23041
tickets.	23042

(B) A charitable instant bingo organization may conduct	23043
instant bingo other than at a bingo session at not more than five	23044
separate locations.	23045

(C)(1) If a charitable instant bingo organization conducts	23046
instant bingo other than at a bingo session, the charitable	23047
instant bingo organization shall enter into a written contract	23048
with the owner or lessor of the location at which the instant	23049
bingo is conducted to allow the owner or lessor to assist in the	23050
conduct of instant bingo other than at a bingo session, identify	23051
each location where the instant bingo other than at a bingo	23052
session is being conducted, and identify the owner or lessor of	23053
each location.	23054

(2) A charitable instant bingo organization that conducts	23055
instant bingo other than at a bingo session is not required to	23056
enter into a written contract with the owner or lessor of the	23057
location at which the instant bingo is conducted provided that the	23058
owner or lessor is not assisting in the conduct of the instant	23059
bingo other than at a bingo session and provided that the conduct	23060
of the instant bingo other than at a bingo session at that	23061
location is not more than five days per calendar year and not more	23062
than ten hours per day.	23063

(D) NoExcept as provided in division (G) of this section, no	23064
charitable instant bingo organization shall conduct instant bingo	23065
other than at a bingo session at a location where the primary	23066
source of retail income from all commercial activity at that	23067
location is the sale of instant bingo tickets.	23068

(E) The owner or lessor of a location that enters into a	23069
contract pursuant to division (C) of this section shall pay up	23070
front for the cost of the deal of instant bingo tickets and the	23071
gross profits that would be earned by the owner or lessor if all	23072
of the instant bingo tickets are sold. The owner or lessor may	23073
retain the money that the owner or lessor receives for selling the	23074
instant bingo tickets up to the amount that it paid to the	23075
charitable instant bingo organization. If the owner or lessor of	23076
the location earns any more money than the owner or lessor paid	23077
out in prizes or paid up front, the owner or lessor of the	23078
location shall pay that money to the charitable instant bingo	23079
organization.	23080

(F) A charitable instant bingo organization shall provide the	23081
attorney general with all of the following information:	23082

(1) That the charitable instant bingo organization has	23083
terminated a contract entered into pursuant to division (C) of	23084
this section with an owner or lessor of a location;	23085

(2) That the charitable instant bingo organization has	23086
entered into a written contract pursuant to division (C) of this	23087
section with a new owner or lessor of a location;	23088

(3) That the charitable instant bingo organization is aware	23089
of conduct by the owner or lessor of a location at which instant	23090
bingo is conducted that is in violation of Chapter 2915. of the	23091
Revised Code.	23092

(G) Division (D) of this section does not apply to a	23093
volunteer firefighter's organization that is exempt from federal	23094
income taxation under subsection 501(a) and described in	23095
subsection 501(c)(3) of the Internal Revenue Code, that conducts	23096
instant bingo other than at a bingo session on the premises where	23097
the organization conducts firefighter training, that has conducted	23098
instant bingo continuously for at least five years prior to the	23099
effective date of this amendment, and that, during each of those	23100
five years, had gross receipts of at least one million five	23101
hundred thousand dollars.	23102

Sec. 2915.095. The attorney general, by rule adopted pursuant	23103
to section 111.15 of the Revised Code, shall establish a standard	23104
contract to be used by a charitable instant bingo organization, a	23105
veteran's organization, or, a fraternal organization, or a	23106
sporting organization for the conduct of instant bingo other than	23107
at a bingo session. The terms of the contract shall be limited to	23108
the provisions in Chapter 2915. of the Revised Code.	23109

Sec. 2915.10. (A) No charitable organization that conducts	23110
bingo or a game of chance pursuant to division (D) of section	23111
2915.02 of the Revised Code shall fail to maintain the following	23112
records for at least three years from the date on which the bingo	23113
or game of chance is conducted:	23114

(1) An itemized list of the gross receipts of each bingo	23115
session, each game of instant bingo by serial number, each raffle,	23116
each punch board game, and each game of chance, and an itemized	23117
list of the gross profits of each game of instant bingo by serial	23118
number;	23119

(2) An itemized list of all expenses, other than prizes, that	23120
are incurred in conducting bingo or instant bingo, the name of	23121
each person to whom the expenses are paid, and a receipt for all	23122
of the expenses;	23123

(3) A list of all prizes awarded during each bingo session,	23124
each raffle, each punch board game, and each game of chance	23125
conducted by the charitable organization, the total prizes awarded	23126
from each game of instant bingo by serial number, and the name,	23127
address, and social security number of all persons who are winners	23128
of prizes of six hundred dollars or more in value;	23129

(4) An itemized list of the recipients of the net profit of	23130
the bingo or game of chance, including the name and address of	23131
each recipient to whom the money is distributed, and if the	23132
organization uses the net profit of bingo, or the money or assets	23133
received from a game of chance, for any charitable or other	23134
purpose set forth in division (Z) of section 2915.01, division (D)	23135
of section 2915.02, or section 2915.101 of the Revised Code, a	23136
list of each purpose and an itemized list of each expenditure for	23137
each purpose;	23138

(5) The number of persons who participate in any bingo	23139
session or game of chance that is conducted by the charitable	23140
organization;	23141

(6) A list of receipts from the sale of food and beverages by	23142
the charitable organization or one of its auxiliary units or	23143
societies, if the receipts were excluded from gross receipts under	23144
division (X) of section 2915.01 of the Revised Code;	23145

(7) An itemized list of all expenses incurred at each bingo	23146
session, each raffle, each punch board game, or each game of	23147
instant bingo conducted by the charitable organization in the sale	23148
of food and beverages by the charitable organization or by an	23149
auxiliary unit or society of the charitable organization, the name	23150
of each person to whom the expenses are paid, and a receipt for	23151
all of the expenses.	23152

(B) A charitable organization shall keep the records that it	23153
is required to maintain pursuant to division (A) of this section	23154
at its principal place of business in this state or at its	23155
headquarters in this state and shall notify the attorney general	23156
of the location at which those records are kept.	23157

(C) The gross profit from each bingo session or game	23158
described in division (S)(1) or (2) of section 2915.01 of the	23159
Revised Code shall be deposited into a checking account devoted	23160
exclusively to the bingo session or game. Payments for allowable	23161
expenses incurred in conducting the bingo session or game and	23162
payments to recipients of some or all of the net profit of the	23163
bingo session or game shall be made only by checks drawn on the	23164
bingo session or game account.	23165

(D) Each charitable organization shall conduct and record an	23166
inventory of all of its bingo supplies as of the first day of	23167
November of each year.	23168

(E) The attorney general may adopt rules in accordance with	23169
Chapter 119. of the Revised Code that establish standards of	23170
accounting, record keeping, and reporting to ensure that gross	23171
receipts from bingo or games of chance are properly accounted for.	23172

(F) A distributor shall maintain, for a period of three years	23173
after the date of its sale or other provision, a record of each	23174
instance of its selling or otherwise providing to another person	23175
bingo supplies for use in this state. The record shall include all	23176
of the following for each instance:	23177

(1) The name of the manufacturer from which the distributor	23178
purchased the bingo supplies and the date of the purchase;	23179

(2) The name and address of the charitable organization or	23180
other distributor to which the bingo supplies were sold or	23181
otherwise provided;	23182

(3) A description that clearly identifies the bingo supplies;

23183

(4) Invoices that include the nonrepeating serial numbers of	23184
all paper bingo cards and sheets and all instant bingo deals sold	23185
or otherwise provided to each charitable organization.	23186

(G) A manufacturer shall maintain, for a period of three	23187
years after the date of its sale or other provision, a record of	23188
each instance of its selling or otherwise providing bingo supplies	23189
for use in this state. The record shall include all of the	23190
following for each instance:	23191

(1) The name and address of the distributor to whom the bingo	23192
supplies were sold or otherwise provided;	23193

(2) A description that clearly identifies the bingo supplies,	23194
including serial numbers;	23195

(3) Invoices that include the nonrepeating serial numbers of	23196
all paper bingo cards and sheets and all instant bingo deals sold	23197
or otherwise provided to each distributor.	23198

(H) The attorney general or any law enforcement agency may do	23199
all of the following:	23200

(1) Investigate any charitable organization or any officer,	23201
agent, trustee, member, or employee of the organization;	23202

(2) Examine the accounts and records of the organization;

23203

(3) Conduct inspections, audits, and observations of bingo or	23204
games of chance;	23205

(4) Conduct inspections of the premises where bingo or games	23206
of chance are conducted;	23207

(5) Take any other necessary and reasonable action to	23208
determine if a violation of any provision of sections 2915.01 to	23209
2915.13 of the Revised Code has occurred and to determine whether	23210
section 2915.11 of the Revised Code has been complied with.	23211

If any law enforcement agency has reasonable grounds to	23212
believe that a charitable organization or an officer, agent,	23213
trustee, member, or employee of the organization has violated any	23214
provision of this chapter, the law enforcement agency may proceed	23215
by action in the proper court to enforce this chapter, provided	23216
that the law enforcement agency shall give written notice to the	23217
attorney general when commencing an action as described in this	23218
division.	23219

(I) No person shall destroy, alter, conceal, withhold, or	23220
deny access to any accounts or records of a charitable	23221
organization that have been requested for examination, or	23222
obstruct, impede, or interfere with any inspection, audit, or	23223
observation of bingo or a game of chance or premises where bingo	23224
or a game of chance is conducted, or refuse to comply with any	23225
reasonable request of, or obstruct, impede, or interfere with any	23226
other reasonable action undertaken by, the attorney general or a	23227
law enforcement agency pursuant to division (H) of this section.	23228

(J) Whoever violates division (A) or (I) of this section is	23229
guilty of a misdemeanor of the first degree.	23230

Sec. 2915.101. Except as otherwise provided by law, a	23231
charitable organization that conducts instant bingo shall	23232
distribute the net profit from the proceeds of the sale of instant	23233
bingo as follows:	23234

(A)(1) If a veteran's organization or, a fraternal	23235
organization, or a sporting organization conducted the instant	23236
bingo, the organization shall distribute the net profit from the	23237
proceeds of the sale of instant bingo, as follows:	23238

(a) A minimum of fifty per cent shall be distributed to an	23239
organization described in division (Z)(1) of section 2915.01 of	23240
the Revised Code or to a department or agency of the federal	23241
government, the state, or any political subdivision;	23242

(b) ~~Fifteen~~Five per cent may be distributed for the	23243
organization's own charitable purposes.	23244

(c) ~~Thirty-five~~Forty-five per cent may be deducted and	23245
retained by the organization for the organization's expenses in	23246
conducting the instant bingo game.	23247

(2) If a veteran's organization or, a fraternal organization,	23248
or a sporting organization does not distribute the full	23249
percentages specified in divisions (A)(1)(b) and (c) of this	23250
section for the purposes specified in those divisions, the	23251
organization shall distribute the balance of the net profit from	23252
the proceeds of the sale of instant bingo not distributed or	23253
retained for those purposes to an organization described in	23254
division (Z)(1) of section 2915.01 of the Revised Code.	23255

(3) ~~A veteran's organization or a fraternal organization is~~	23256
~~not required to itemize the organization's expenses.~~A veteran's	23257
organization, a fraternal organization, or a sporting organization	23258
shall pay the expenses that are directly for the conduct of	23259
instant bingo by check from the checking account devoted	23260
exclusively to the bingo session or game and may deduct and retain	23261
the remainder of the thirty-five per cent of the net profit from	23262
the proceeds of the sale of instant bingo that is for the	23263
organization's expenses in conducting the instant bingo game and	23264
may transfer that remainder into the organization's general	23265
account.	23266

(B)~~(1)~~ If a charitable organization other than a veteran's	23267
organization or, a fraternal organization, or a sporting	23268
organization conducted the instant bingo, the organization shall	23269
distribute one hundred per cent of the net profit ~~as follows:~~	23270

~~(a) A minimum of seventy per cent shall be distributed~~from	23271
the proceeds of the sale of instant bingo to an organization	23272
described in division (Z)(1) of section 2915.01 of the Revised	23273
Code or to a department or agency of the federal government, the	23274
state, or any political subdivision.	23275

~~(b) Thirty per cent may be deducted and retained by the~~	23276
~~organization for the organization's expenses in conducting the~~	23277
~~instant bingo game.~~	23278

~~(2) If a charitable organization does not retain the full~~	23279
~~percentage specified in division (B)(1)(b) of this section for the~~	23280
~~purposes specified in that division, the organization shall~~	23281
~~distribute the balance of the net profit not retained for that~~	23282
~~purpose to an organization described in division (Z)(1) of section~~	23283
~~2915.01 of the Revised Code.~~	23284

~~(3) A charitable organization other than a veteran's~~	23285
~~organization or fraternal organization is not required to itemize~~	23286
~~the charitable organization's expenses.~~	23287

Sec. 2915.13. (A) A veteran's organization or, a fraternal	23289
organization, or a sporting organization authorized to conduct a	23290
bingo session pursuant to sections 2915.01 to 2915.12 of the	23291
Revised Code may conduct instant bingo other than at a bingo	23292
session if all of the following apply:	23293

(1) The veteran's organization or, fraternal organization, or	23294
sporting organization limits the sale of instant bingo to ten	23295
consecutive hours per day for up to six days per week.	23296

(2) The veteran's organization or, fraternal organization, or	23297
sporting organization limits the sale of instant bingo to its own	23298
premises and to its own members and invited guests.	23299

(3) The veteran's organization or, fraternal organization, or	23300
sporting organization is raising money for ~~a charitable~~an	23301
organization that is described in subsection 509(a)(1), 509(a)(2),	23302
or 509(a)(3) of the Internal Revenue Code and is either a	23303
governmental unit or an organization that maintains its principal	23304
place of business in this state, that is exempt from federal	23305
income taxation under subsection 501(a) and described in	23306
subsection 501(c)(3) of the Internal Revenue Code, and that is in	23307
good standing in this state and executes a written contract with	23308
~~the charitable~~that organization as required in division (B) of	23309
this section.	23310

(B) If a veteran's organization or, fraternal organization,	23311
or sporting organization authorized to conduct instant bingo	23312
pursuant to division (A) of this section is raising money for	23313
another ~~charitable~~ organization that is described in subsection	23314
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code	23315
and is either a governmental unit or an organization that	23316
maintains its principal place of business in this state, that is	23317
exempt from federal income taxation under subsection 501(a) and	23318
described in subsection 501(c)(3) of the Internal Revenue Code,	23319
and that is in good standing in this state, the veteran's	23320
organization or, fraternal organization, or sporting organization	23321
shall execute a written contract with ~~a charitable~~the	23322
organization that is described in subsection 509(a)(1), 509(a)(2),	23323
or 509(a)(3) of the Internal Revenue Code and is either a	23324
governmental unit or an organization that maintains its principal	23325
place of business in this state, that is exempt from federal	23326
income taxation under subsection 501(a) and described in	23327
subsection 501(c)(3) of the Internal Revenue Code, and that is in	23328
good standing in this state in order to conduct instant bingo.	23329
That contract shall include a statement of the percentage of the	23330
net proceeds that the veteran's or, fraternal, or sporting	23331
organization will be distributing to the ~~charitable~~ organization	23332
that is described in subsection 509(a)(1), 509(a)(2), or 509(a)(3)	23333
of the Internal Revenue Code and is either a governmental unit or	23334
an organization that maintains its principal place of business in	23335
this state, that is exempt from federal income taxation under	23336
subsection 501(a) and described in subsection 501(c)(3) of the	23337
Internal Revenue Code, and that is in good standing in this state.	23338

(C)(1) If a veteran's organization or, fraternal	23339
organization, or sporting organization authorized to conduct	23340
instant bingo pursuant to division (A) of this section has been	23341
issued a liquor permit under Chapter 4303. of the Revised Code,	23342
that permit may be subject to suspension, revocation, or	23343
cancellation if the veteran's organization or, fraternal	23344
organization, or sporting organization violates a provision of	23345
sections 2915.01 to 2915.13 of the Revised Code.	23346

(2) No veteran's organization or, fraternal organization, or	23347
sporting organization that enters into a written contract pursuant	23348
to division (B) of this section shall violate any provision of	23349
Chapter 2915. of the Revised Code, or permit, aid, or abet any	23350
other person in violating any provision of Chapter 2915. of the	23351
Revised Code.	23352

(D) A veteran's organization or, fraternal organization, or	23353
sporting organization shall give all required proceeds earned from	23354
the conduct of instant bingo to the ~~charitable~~ organization with	23355
which the veteran's organization or, fraternal organization, or	23356
sporting organization has entered into a written contract.	23357

(E) Whoever violates this section is guilty of illegal	23358
instant bingo conduct. Except as otherwise provided in this	23359
division, illegal instant bingo conduct is a misdemeanor of the	23360
first degree. If the offender previously has been convicted of a	23361
violation of this section, illegal instant bingo conduct is a	23362
felony of the fifth degree.	23363

Sec. 2917.41. (A) No person shall evade the payment of the	23364
known fares of a public transportation system.	23365

(B) No person shall alter any transfer, pass, ticket, or	23366
token of a public transportation system with the purpose of	23367
evading the payment of fares or of defrauding the system.	23368

(C) No person shall do any of the following while in any	23369
facility or on any vehicle of a public transportation system:	23370

(1) Play sound equipment without the proper use of a private	23371
earphone;	23372

(2) Smoke, eat, or drink in any area where the activity is	23373
clearly marked as being prohibited;	23374

(3) Expectorate upon a person, facility, or vehicle.

23375

(D) No person shall write, deface, draw, or otherwise mark on	23376
any facility or vehicle of a public transportation system.	23377

(E) No person shall fail to comply with a lawful order of a	23378
public transportation system police officer, and no person shall	23379
resist, obstruct, or abuse a public transportation police officer	23380
in the performance of the officer's duties.	23381

(F) Whoever violates this section is guilty of misconduct	23382
involving a public transportation system.	23383

(1) Violation of division (A), (B), or (E) of this section is	23384
a misdemeanor of the fourth degree.	23385

(2) Violation of division ~~(B) of this section is a~~	23386
~~misdemeanor of the fourth degree.~~	23387

~~(3) Violation of division~~ (C) ~~or (E)~~ of this section is a	23388
minor misdemeanor on a first offense. If a person previously has	23389
been convicted of or pleaded guilty to a violation of any division	23390
of this section or of a municipal ordinance that is substantially	23391
similar to any division of this section, violation of division (C)	23392
of this section is a misdemeanor of the fourth degree.	23393

~~(4)~~(3) Violation of division (D) of this section is a	23394
misdemeanor of the third degree.	23395

(G) Notwithstanding any other provision of law, seventy-five	23396
per cent of each fine paid to satisfy a sentence imposed for a	23397
violation of this section shall be deposited into the treasury of	23398
the county in which the violation occurred and twenty-five per	23399
cent shall be deposited with the county transit board, regional	23400
transit authority, or regional transit commission that operates	23401
the public transportation system involved in the violation, unless	23402
the board of county commissioners operates the public	23403
transportation system, in which case one hundred per cent of each	23404
fine shall be deposited into the treasury of the county.	23405

(H) As used in this section, "public transportation system"	23406
means a county transit system operated in accordance with sections	23407
306.01 to 306.13 of the Revised Code, a regional transit authority	23408
operated in accordance with sections 306.30 to 306.71 of the	23409
Revised Code, or a regional transit commission operated in	23410
accordance with sections 306.80 to 306.90 of the Revised Code.	23411

Sec. 2921.13. (A) No person shall knowingly make a false	23412
statement, or knowingly swear or affirm the truth of a false	23413
statement previously made, when any of the following applies:	23414

(1) The statement is made in any official proceeding.

23415

(2) The statement is made with purpose to incriminate	23416
another.	23417

(3) The statement is made with purpose to mislead a public	23418
official in performing the public official's official function.	23419

(4) The statement is made with purpose to secure the payment	23420
of unemployment compensation; Ohio works first; prevention,	23421
retention, and contingency benefits and services; disability	23422
financial assistance; retirement benefits; economic development	23423
assistance, as defined in section 9.66 of the Revised Code; or	23424
other benefits administered by a governmental agency or paid out	23425
of a public treasury.	23426

(5) The statement is made with purpose to secure the issuance	23427
by a governmental agency of a license, permit, authorization,	23428
certificate, registration, release, or provider agreement.	23429

(6) The statement is sworn or affirmed before a notary public	23430
or another person empowered to administer oaths.	23431

(7) The statement is in writing on or in connection with a	23432
report or return that is required or authorized by law.	23433

(8) The statement is in writing and is made with purpose to	23434
induce another to extend credit to or employ the offender, to	23435
confer any degree, diploma, certificate of attainment, award of	23436
excellence, or honor on the offender, or to extend to or bestow	23437
upon the offender any other valuable benefit or distinction, when	23438
the person to whom the statement is directed relies upon it to	23439
that person's detriment.	23440

(9) The statement is made with purpose to commit or	23441
facilitate the commission of a theft offense.	23442

(10) The statement is knowingly made to a probate court in	23443
connection with any action, proceeding, or other matter within its	23444
jurisdiction, either orally or in a written document, including,	23445
but not limited to, an application, petition, complaint, or other	23446
pleading, or an inventory, account, or report.	23447

(11) The statement is made on an account, form, record,	23448
stamp, label, or other writing that is required by law.	23449

(12) The statement is made in connection with the purchase of	23450
a firearm, as defined in section 2923.11 of the Revised Code, and	23451
in conjunction with the furnishing to the seller of the firearm of	23452
a fictitious or altered driver's or commercial driver's license or	23453
permit, a fictitious or altered identification card, or any other	23454
document that contains false information about the purchaser's	23455
identity.	23456

(13) The statement is made in a document or instrument of	23457
writing that purports to be a judgment, lien, or claim of	23458
indebtedness and is filed or recorded with the secretary of state,	23459
a county recorder, or the clerk of a court of record.	23460

(B) No person, in connection with the purchase of a firearm,	23461
as defined in section 2923.11 of the Revised Code, shall knowingly	23462
furnish to the seller of the firearm a fictitious or altered	23463
driver's or commercial driver's license or permit, a fictitious or	23464
altered identification card, or any other document that contains	23465
false information about the purchaser's identity.	23466

(C) It is no defense to a charge under division (A)(4) of	23467
this section that the oath or affirmation was administered or	23468
taken in an irregular manner.	23469

(D) If contradictory statements relating to the same fact are	23470
made by the offender within the period of the statute of	23471
limitations for falsification, it is not necessary for the	23472
prosecution to prove which statement was false but only that one	23473
or the other was false.	23474

(E)(1) Whoever violates division (A)(1), (2), (3), (4), (5),	23475
(6), (7), (8), (10), (11), or (13) of this section is guilty of	23476
falsification, a misdemeanor of the first degree.	23477

(2) Whoever violates division (A)(9) of this section is	23478
guilty of falsification in a theft offense. Except as otherwise	23479
provided in this division, falsification in a theft offense is a	23480
misdemeanor of the first degree. If the value of the property or	23481
services stolen is five hundred dollars or more and is less than	23482
five thousand dollars, falsification in a theft offense is a	23483
felony of the fifth degree. If the value of the property or	23484
services stolen is five thousand dollars or more and is less than	23485
one hundred thousand dollars, falsification in a theft offense is	23486
a felony of the fourth degree. If the value of the property or	23487
services stolen is one hundred thousand dollars or more,	23488
falsification in a theft offense is a felony of the third degree.	23489

(3) Whoever violates division (A)(12) or (B) of this section	23490
is guilty of falsification to purchase a firearm, a felony of the	23491
fifth degree.	23492

(F) A person who violates this section is liable in a civil	23493
action to any person harmed by the violation for injury, death, or	23494
loss to person or property incurred as a result of the commission	23495
of the offense and for reasonable attorney's fees, court costs,	23496
and other expenses incurred as a result of prosecuting the civil	23497
action commenced under this division. A civil action under this	23498
division is not the exclusive remedy of a person who incurs	23499
injury, death, or loss to person or property as a result of a	23500
violation of this section.	23501

Sec. 2923.35. (A)(1) With respect to property ordered	23502
forfeited under section 2923.32 of the Revised Code, with respect	23503
to any fine or civil penalty imposed in any criminal or civil	23504
proceeding under section 2923.32 or 2923.34 of the Revised Code,	23505
and with respect to any fine imposed for a violation of section	23506
2923.01 of the Revised Code for conspiracy to violate section	23507
2923.32 of the Revised Code, the court, upon petition of the	23508
prosecuting attorney, may do any of the following:	23509

(a) Authorize the prosecuting attorney to settle claims;

23510

(b) Award compensation to persons who provide information	23511
that results in a forfeiture, fine, or civil penalty under section	23512
2923.32 or 2923.34 of the Revised Code;	23513

(c) Grant petitions for mitigation or remission of	23514
forfeiture, fines, or civil penalties, or restore forfeited	23515
property, imposed fines, or imposed civil penalties to persons	23516
injured by the violation;	23517

(d) Take any other action to protect the rights of innocent	23518
persons that is in the interest of justice and that is consistent	23519
with the purposes of sections 2923.31 to 2923.36 of the Revised	23520
Code.	23521

(2) The court shall maintain an accurate record of the	23522
actions it takes under division (A)(1) of this section with	23523
respect to the property ordered forfeited or the fine or civil	23524
penalty. The record is a public record open for inspection under	23525
section 149.43 of the Revised Code.	23526

(B)(1) After the application of division (A) of this section,	23527
any person who prevails in a civil action pursuant to section	23528
2923.34 of the Revised Code has a right to any property, or the	23529
proceeds of any property, criminally forfeited to the state	23530
pursuant to section 2923.32 of the Revised Code or against which	23531
any fine under that section or civil penalty under division (I) of	23532
section 2923.34 of the Revised Code may be imposed.	23533

The right of any person who prevails in a civil action	23534
pursuant to section 2923.34 of the Revised Code, other than a	23535
prosecuting attorney performing official duties under that	23536
section, to forfeited property, property against which fines and	23537
civil penalties may be imposed, and the proceeds of that property	23538
is superior to any right of the state, a municipal corporation, or	23539
a county to the property or the proceeds of the property, if the	23540
civil action is brought within one hundred eighty days after the	23541
entry of a sentence of forfeiture or a fine pursuant to section	23542
2923.32 of the Revised Code or the entry of a civil penalty	23543
pursuant to division (I) of section 2923.34 of the Revised Code.	23544

The right is limited to the total value of the treble	23545
damages, civil penalties, attorney's fees, and costs awarded to	23546
the prevailing party in an action pursuant to section 2923.34 of	23547
the Revised Code, less any restitution received by the person.	23548

(2) If the aggregate amount of claims of persons who have	23549
prevailed in a civil action pursuant to section 2923.34 of the	23550
Revised Code against any one defendant is greater than the total	23551
value of the treble fines, civil penalties, and forfeited property	23552
paid by the person against whom the actions were brought, all of	23553
the persons who brought their actions within one hundred eighty	23554
days after the entry of a sentence or disposition of forfeiture or	23555
a fine pursuant to section 2923.32 of the Revised Code or the	23556
entry of a civil penalty pursuant to division (I) of section	23557
2923.34 of the Revised Code, first shall receive a pro rata share	23558
of the total amount of the fines, civil penalties, and forfeited	23559
property. After the persons who brought their actions within the	23560
specified one-hundred-eighty-day period have satisfied their	23561
claims out of the fines, civil penalties, and forfeited property,	23562
all other persons who prevailed in civil actions pursuant to	23563
section 2923.34 of the Revised Code shall receive a pro rata share	23564
of the total amount of the fines, civil penalties, and forfeited	23565
property that remains in the custody of the law enforcement agency	23566
or in the corrupt activity investigation and prosecution fund.	23567

(C)(1) Subject to divisions (A) and (B) of this section and	23568
notwithstanding any contrary provision of section 2933.41 of the	23569
Revised Code, the prosecuting attorney shall order the disposal of	23570
property ordered forfeited in any proceeding under sections	23571
2923.32 and 2923.34 of the Revised Code as soon as feasible,	23572
making due provisions for the rights of innocent persons, by any	23573
of the following methods:	23574

(a) Transfer to any person who prevails in a civil action	23575
pursuant to section 2923.34 of the Revised Code, subject to the	23576
limit set forth in division (B)(1) of this section;	23577

(b) Public sale;

23578

23579

(d) Sale or transfer to an innocent person;

23580

(e) If the property is contraband and is not needed for	23581
evidence in any pending criminal or civil proceeding, pursuant to	23582
section 2933.41 or any other applicable section of the Revised	23583
Code.	23584

(2) Any interest in personal or real property not disposed of	23585
pursuant to this division and not exercisable by, or transferable	23586
for value to, the state shall expire and shall not revert to the	23587
person found guilty of or adjudicated a delinquent child for a	23588
violation of section 2923.32 of the Revised Code. No person found	23589
guilty of or adjudicated a delinquent child for a violation of	23590
that section and no person acting in concert with a person found	23591
guilty of or adjudicated a delinquent child for a violation of	23592
that section is eligible to purchase forfeited property from the	23593
state.	23594

(3) Upon application of a person, other than the defendant,	23595
the adjudicated delinquent child, or a person acting in concert	23596
with or on behalf of either the defendant or the adjudicated	23597
delinquent child, the court may restrain or stay the disposal of	23598
the property pursuant to this division pending the conclusion of	23599
any appeal of the criminal case or delinquency case giving rise to	23600
the forfeiture or pending the determination of the validity of a	23601
claim to or interest in the property pursuant to division (E) of	23602
section 2923.32 of the Revised Code, if the applicant demonstrates	23603
that proceeding with the disposal of the property will result in	23604
irreparable injury, harm, or loss to the applicant.	23605

(4) The prosecuting attorney shall maintain an accurate	23606
record of each item of property disposed of pursuant to this	23607
division, which record shall include the date on which each item	23608
came into the prosecuting attorney's custody, the manner and date	23609
of disposition, and, if applicable, the name of the person who	23610
received the item. The record shall not identify or enable the	23611
identification of the individual officer who seized the property,	23612
and the record is a public record open for inspection under	23613
section 149.43 of the Revised Code.	23614

Each prosecuting attorney who disposes in any calendar year	23615
of any item of property pursuant to this division shall prepare a	23616
report covering the calendar year that cumulates all of the	23617
information contained in all of the records kept by the	23618
prosecuting attorney pursuant to this division for that calendar	23619
year and shall send the cumulative report, no later than the first	23620
day of March in the calendar year following the calendar year	23621
covered by the report, to the attorney general. Each report	23622
received by the attorney general is a public record open for	23623
inspection under section 149.43 of the Revised Code. Not later	23624
than the fifteenth day of April in the calendar year following the	23625
calendar year covered by the reports, the attorney general shall	23626
send to the president of the senate and the speaker of the house	23627
of representatives a written notification that does all of the	23628
following:	23629

(a) Indicates that the attorney general has received from	23630
prosecuting attorneys reports of the type described in this	23631
division that cover the previous calendar year and indicates that	23632
the reports were received under this division;	23633

(b) Indicates that the reports are open for inspection under	23634
section 149.43 of the Revised Code;	23635

(c) Indicates that the attorney general will provide a copy	23636
of any or all of the reports to the president of the senate or the	23637
speaker of the house of representatives upon request.	23638

(D)(1)(a) Ten per cent of the proceeds of all property	23639
ordered forfeited by a juvenile court pursuant to section 2923.32	23640
of the Revised Code shall be applied to one or more alcohol and	23641
drug addiction treatment programs that are certified by the	23642
department of alcohol and drug addiction services under section	23643
3793.06 of the Revised Code and that are specified in the order of	23644
forfeiture. A juvenile court shall not specify an alcohol or drug	23645
addiction treatment program in the order of forfeiture unless the	23646
program is a certified alcohol and drug addiction treatment	23647
program and, except as provided in division (D)(1)(a) of this	23648
section, unless the program is located in the county in which the	23649
court that orders the forfeiture is located or in a contiguous	23650
county. If no certified alcohol and drug addiction treatment	23651
program is located in any of those counties, the juvenile court	23652
may specify in the order a certified alcohol and drug addiction	23653
treatment program located anywhere within this state. The	23654
remaining ninety per cent of the proceeds shall be disposed of as	23655
provided in divisions (D)(1)(b) and (D)(2) of this section.	23656

All of the proceeds of all property ordered forfeited by a	23657
court other than a juvenile court pursuant to section 2923.32 of	23658
the Revised Code shall be disposed of as provided in divisions	23659
(D)(1)(b) and (D)(2) of this section.	23660

(b) The remaining proceeds of all property ordered forfeited	23661
pursuant to section 2923.32 of the Revised Code, after compliance	23662
with division (D)(1)(a) of this section when that division is	23663
applicable, and all fines and civil penalties imposed pursuant to	23664
sections 2923.32 and 2923.34 of the Revised Code shall be	23665
deposited into the state treasury and credited to the corrupt	23666
activity investigation and prosecution fund, which is hereby	23667
created.	23668

(2) The proceeds, fines, and penalties credited to the	23669
corrupt activity investigation and prosecution fund pursuant to	23670
division (D)(1) of this section shall be disposed of in the	23671
following order:	23672

(a) To a civil plaintiff in an action brought within the	23673
one-hundred-eighty-day time period specified in division (B)(1) of	23674
this section, subject to the limit set forth in that division;	23675

(b) To the payment of the fees and costs of the forfeiture	23676
and sale, including expenses of seizure, maintenance, and custody	23677
of the property pending its disposition, advertising, and court	23678
costs;	23679

(c) Except as otherwise provided in division (D)(2)(c) of	23680
this section, the remainder shall be paid to the law enforcement	23681
trust fund of the prosecuting attorney that is established	23682
pursuant to division (D)(1)(c) of section 2933.43 of the Revised	23683
Code and to the law enforcement trust fund of the county sheriff	23684
that is established pursuant to that division if the county	23685
sheriff substantially conducted the investigation, to the law	23686
enforcement trust fund of a municipal corporation that is	23687
established pursuant to that division if its police department	23688
substantially conducted the investigation, to the law enforcement	23689
trust fund of a township that is established pursuant to that	23690
division if the investigation was substantially conducted by a	23691
township police department, township police district police force,	23692
or office of a township constable, or to the law enforcement trust	23693
fund of a park district created pursuant to section 511.18 or	23694
1545.01 of the Revised Code that is established pursuant to that	23695
division if the investigation was substantially conducted by its	23696
park district police force or law enforcement department. The	23697
prosecuting attorney may decline to accept any of the remaining	23698
proceeds, fines, and penalties, and, if the prosecuting attorney	23699
so declines, they shall be applied to the fund described in	23700
division (D)(2)(c) of this section that relates to the appropriate	23701
law enforcement agency that substantially conducted the	23702
investigation.	23703

If the state highway patrol substantially conducted the	23704
investigation, the director of budget and management shall	23705
transfer the remaining proceeds, fines, and penalties to the state	23706
highway patrol for deposit into the state highway patrol	23707
contraband, forfeiture, and other fund that is created by division	23708
(D)(1)(c) of section 2933.43 of the Revised Code. If the	23709
department of taxation substantially conducted the investigation,	23710
the director, after obtaining approval from the controlling board,	23711
shall transfer the remaining proceeds, fines, and penalties to the	23712
department for deposit into the department of taxation enforcement	23713
fund. If the controlling board does not approve deposit of the	23714
remaining proceeds, fines, and penalties into the department of	23715
taxation enforcement fund, the director shall transfer the	23716
remaining proceeds, fines, and penalties to the treasurer of state	23717
for deposit into the peace officer training commission fund	23718
created by division (D)(1)(c) of section 2933.43 of the Revised	23719
Code. If the state board of pharmacy substantially conducted the	23720
investigation, the director shall transfer the remaining proceeds,	23721
fines, and penalties to the board for deposit into the board of	23722
pharmacy drug law enforcement fund that is created by division	23723
(B)(1) of section 4729.65 of the Revised Code. If a state law	23724
enforcement agency, other than the state highway patrol, the	23725
department of taxation, or the state board of pharmacy,	23726
substantially conducted the investigation, the director shall	23727
transfer the remaining proceeds, fines, and penalties to the	23728
treasurer of state for deposit into the peace officer training	23729
commission fund ~~that is created by division (D)(1)(c) of section~~	23730
~~2933.43 of the Revised Code~~.	23731

The remaining proceeds, fines, and penalties that are paid to	23732
a law enforcement trust fund or that are deposited into the state	23733
highway patrol contraband, forfeiture, and other fund, the	23734
department of taxation enforcement fund, the board of pharmacy	23735
drug law enforcement fund, or the peace officer training	23736
commission fund pursuant to division (D)(2)(c) of this section	23737
shall be allocated, used, and expended only in accordance with	23738
division (D)(1)(c) of section 2933.43 of the Revised Code, only in	23739
accordance with a written internal control policy adopted under	23740
division (D)(3) of that section, and, if applicable, only in	23741
accordance with division (B) of section 4729.65 of the Revised	23742
Code. The annual reports that pertain to the funds and that are	23743
required by divisions (D)(1)(c) and (3)(b) of section 2933.43 of	23744
the Revised Code also shall address the remaining proceeds, fines,	23745
and penalties that are paid or deposited into the funds pursuant	23746
to division (D)(2)(c) of this section.	23747

(3) If more than one law enforcement agency substantially	23748
conducted the investigation, the court ordering the forfeiture	23749
shall equitably divide the remaining proceeds, fines, and	23750
penalties among the law enforcement agencies that substantially	23751
conducted the investigation, in the manner described in division	23752
(D)(2) of section 2933.43 of the Revised Code for the equitable	23753
division of contraband proceeds and forfeited moneys. The	23754
equitable shares of the proceeds, fines, and penalties so	23755
determined by the court shall be paid or deposited into the	23756
appropriate funds specified in division (D)(2)(c) of this section.	23757

(E) As used in this section, "law enforcement agency"	23758
includes, but is not limited to, the state board of pharmacy and	23759
the department of taxation.	23760

Sec. 2925.44. (A) If property is seized pursuant to section	23761
2925.42 or 2925.43 of the Revised Code, it is deemed to be in the	23762
custody of the head of the law enforcement agency that seized it,	23763
and the head of that agency may do any of the following with	23764
respect to that property prior to its disposition in accordance	23765
with division (A)(4) or (B) of this section:	23766

(1) Place the property under seal;

23767

(2) Remove the property to a place that the head of that	23768
agency designates;	23769

(3) Request the issuance of a court order that requires any	23770
other appropriate municipal corporation, county, township, park	23771
district created pursuant to section 511.18 or 1545.01 of the	23772
Revised Code, or state law enforcement officer or other officer to	23773
take custody of the property and, if practicable, remove it to an	23774
appropriate location for eventual disposition in accordance with	23775
division (B) of this section;	23776

(4)(a) Seek forfeiture of the property pursuant to federal	23777
law. If the head of that agency seeks its forfeiture pursuant to	23778
federal law, the law enforcement agency shall deposit, use, and	23779
account for proceeds from a sale of the property upon its	23780
forfeiture, proceeds from another disposition of the property upon	23781
its forfeiture, or forfeited moneys it receives, in accordance	23782
with the applicable federal law and otherwise shall comply with	23783
that law.	23784

(b) If the state highway patrol seized the property and if	23785
the superintendent of the state highway patrol seeks its	23786
forfeiture pursuant to federal law, the appropriate governmental	23787
officials shall deposit into the state highway patrol contraband,	23788
forfeiture, and other fund all interest or other earnings derived	23789
from the investment of the proceeds from a sale of the property	23790
upon its forfeiture, the proceeds from another disposition of the	23791
property upon its forfeiture, or the forfeited moneys. The state	23792
highway patrol shall use and account for that interest or other	23793
earnings in accordance with the applicable federal law.	23794

(c) If the investigative unit of the department of public	23795
safety seized the property and if the director of public safety	23796
seeks its forfeiture pursuant to federal law, the appropriate	23797
governmental officials shall deposit into the department of public	23798
safety investigative unit contraband, forfeiture, and other fund	23799
all interest or other earnings derived from the investment of the	23800
proceeds from a sale of the property upon its forfeiture, the	23801
proceeds from another disposition of the property upon its	23802
forfeiture, or the forfeited moneys. The department shall use and	23803
account for that interest or other earnings in accordance with the	23804
applicable federal law.	23805

(d) If the enforcement division of the department of taxation	23806
seized the property and if the tax commissioner seeks its	23807
forfeiture pursuant to federal law, the appropriate governmental	23808
officials shall, after obtaining approval from the controlling	23809
board, deposit into the department of taxation enforcement fund	23810
all interest or other earnings derived from the investment of the	23811
proceeds from a sale of the property upon its forfeiture, the	23812
proceeds from another disposition of the property upon its	23813
forfeiture, or the forfeited moneys. The department shall use and	23814
account for that interest or other earnings in accordance with the	23815
applicable federal law. If the controlling board does not approve	23816
deposit of interest or other earnings into the department of	23817
taxation enforcement fund, the appropriate governmental officials	23818
shall pay the interest or other earnings to the treasurer of state	23819
for deposit into the peace officer training commission fund.	23820

(e) Division (B) of this section and divisions (D)(1) to (3)	23821
of section 2933.43 of the Revised Code do not apply to proceeds or	23822
forfeited moneys received pursuant to federal law or to the	23823
interest or other earnings that are derived from the investment of	23824
proceeds or forfeited moneys received pursuant to federal law and	23825
that are described in division (A)(4)(b) or (d) of this section.	23826

(B) In addition to complying with any requirements imposed by	23827
a court pursuant to section 2925.42 or 2925.43 of the Revised	23828
Code, and the requirements imposed by those sections, in relation	23829
to the disposition of property forfeited to the state under either	23830
of those sections, the prosecuting attorney who is responsible for	23831
its disposition shall dispose of the property as follows:	23832

(1) Any vehicle, as defined in section 4501.01 of the Revised	23833
Code, that was used in a felony drug abuse offense or in an act	23834
that, if committed by an adult, would be a felony drug abuse	23835
offense shall be given to the law enforcement agency of the	23836
municipal corporation or county in which the offense occurred if	23837
that agency desires to have the vehicle, except that, if the	23838
offense occurred in a township or in a park district created	23839
pursuant to section 511.18 or 1545.01 of the Revised Code and a	23840
law enforcement officer employed by the township or the park	23841
district was involved in the seizure of the vehicle, the vehicle	23842
may be given to the law enforcement agency of that township or	23843
park district if that agency desires to have the vehicle, and	23844
except that, if the state highway patrol made the seizure of the	23845
vehicle, the vehicle may be given to the state highway patrol if	23846
it desires to have the vehicle.	23847

(2) Any drug paraphernalia that was used, possessed, sold, or	23848
manufactured in a violation of section 2925.14 of the Revised Code	23849
that would be a felony drug abuse offense or in a violation of	23850
that section committed by a juvenile that, if committed by an	23851
adult, would be a felony drug abuse offense, may be given to the	23852
law enforcement agency of the municipal corporation or county in	23853
which the offense occurred if that agency desires to have and can	23854
use the drug paraphernalia, except that, if the offense occurred	23855
in a township or in a park district created pursuant to section	23856
511.18 or 1545.01 of the Revised Code and a law enforcement	23857
officer employed by the township or the park district was involved	23858
in the seizure of the drug paraphernalia, the drug paraphernalia	23859
may be given to the law enforcement agency of that township or	23860
park district if that agency desires to have and can use the drug	23861
paraphernalia. If the drug paraphernalia is not so given, it shall	23862
be disposed of by sale pursuant to division (B)(8) of this section	23863
or disposed of in another manner that the court that issued the	23864
order of forfeiture considers proper under the circumstances.	23865

(3) Drugs shall be disposed of pursuant to section 3719.11 of	23866
the Revised Code or placed in the custody of the secretary of the	23867
treasury of the United States for disposal or use for medical or	23868
scientific purposes under applicable federal law.	23869

(4) Firearms and dangerous ordnance suitable for police work	23870
may be given to a law enforcement agency for that purpose.	23871
Firearms suitable for sporting use, or as museum pieces or	23872
collectors' items, may be disposed of by sale pursuant to division	23873
(B)(8) of this section. Other firearms and dangerous ordnance	23874
shall be destroyed by a law enforcement agency or shall be sent to	23875
the bureau of criminal identification and investigation for	23876
destruction by it. As used in this division, "firearms" and	23877
"dangerous ordnance" have the same meanings as in section 2923.11	23878
of the Revised Code.	23879

(5) Computers, computer networks, computer systems, and	23880
computer software suitable for police work may be given to a law	23881
enforcement agency for that purpose. Other computers, computer	23882
networks, computer systems, and computer software shall be	23883
disposed of by sale pursuant to division (B)(8) of this section or	23884
disposed of in another manner that the court that issued the order	23885
of forfeiture considers proper under the circumstances. As used in	23886
this division, "computers," "computer networks," "computer	23887
systems," and "computer software" have the same meanings as in	23888
section 2913.01 of the Revised Code.	23889

(6) Obscene materials shall be destroyed.

23890

(7) Beer, intoxicating liquor, and alcohol shall be disposed	23891
of in accordance with division (D)(4) of section 2933.41 of the	23892
Revised Code.	23893

(8) In the case of property not described in divisions (B)(1)	23894
to (7) of this section and of property described in those	23895
divisions but not disposed of pursuant to them, the property shall	23896
be sold in accordance with division (B)(8) of this section or, in	23897
the case of forfeited moneys, disposed of in accordance with	23898
division (B)(8) of this section. If the property is to be sold,	23899
the prosecuting attorney shall cause a notice of the proposed sale	23900
of the property to be given in accordance with law, and the	23901
property shall be sold, without appraisal, at a public auction to	23902
the highest bidder for cash. The proceeds of a sale and forfeited	23903
moneys shall be applied in the following order:	23904

(a) First, to the payment of the costs incurred in connection	23905
with the seizure of, storage of, maintenance of, and provision of	23906
security for the property, the forfeiture proceeding or civil	23907
action, and, if any, the sale;	23908

(b) Second, the remaining proceeds or forfeited moneys after	23909
compliance with division (B)(8)(a) of this section, to the payment	23910
of the value of any legal right, title, or interest in the	23911
property that is possessed by a person who, pursuant to division	23912
(F) of section 2925.42 of the Revised Code or division (E) of	23913
section 2925.43 of the Revised Code, established the validity of	23914
and consequently preserved that legal right, title, or interest,	23915
including, but not limited to, any mortgage, perfected or other	23916
security interest, or other lien in the property. The value of	23917
these rights, titles, or interests shall be paid according to	23918
their record or other order of priority.	23919

(c) Third, the remaining proceeds or forfeited moneys after	23920
compliance with divisions (B)(8)(a) and (b) of this section, as	23921
follows:	23922

(i) If the forfeiture was ordered in a juvenile court, ten	23923
per cent to one or more alcohol and drug addiction treatment	23924
programs that are certified by the department of alcohol and drug	23925
addiction services under section 3793.06 of the Revised Code and	23926
that are specified in the order of forfeiture. A juvenile court	23927
shall not specify an alcohol or drug addiction treatment program	23928
in the order of forfeiture unless the program is a certified	23929
alcohol and drug addiction treatment program and, except as	23930
provided in division (B)(8)(c)(i) of this section, unless the	23931
program is located in the county in which the court that orders	23932
the forfeiture is located or in a contiguous county. If no	23933
certified alcohol and drug addiction treatment program is located	23934
in any of those counties, the juvenile court may specify in the	23935
order a certified alcohol and drug addiction treatment program	23936
located anywhere within this state.	23937

(ii) If the forfeiture was ordered in a juvenile court,	23938
ninety per cent, and if the forfeiture was ordered in a court	23939
other than a juvenile court, one hundred per cent to appropriate	23940
funds in accordance with divisions (D)(1)(c) and (2) of section	23941
2933.43 of the Revised Code. The remaining proceeds or forfeited	23942
moneys so deposited shall be used only for the purposes authorized	23943
by those divisions and division (D)(3)(a)(ii) of that section.	23944

(C)(1) Sections 2925.41 to 2925.45 of the Revised Code do not	23945
preclude a financial institution that possessed a valid mortgage,	23946
security interest, or lien that is not satisfied prior to a sale	23947
under division (B)(8) of this section or following a sale by	23948
application of division (B)(8)(b) of this section, from commencing	23949
a civil action in any appropriate court in this or another state	23950
to obtain a deficiency judgment against the debtor if the	23951
financial institution otherwise would have been entitled to do so	23952
in this or another state.	23953

(2) Any law enforcement agency that obtains any vehicle	23954
pursuant to division (B)(1) of this section shall take the vehicle	23955
subject to the outstanding amount of any security interest or lien	23956
that attaches to the vehicle.	23957

(3) Nothing in this section impairs a mortgage, security	23958
interest, lien, or other interest of a financial institution in	23959
property that was the subject of a forfeiture order under section	23960
2925.42 or 2925.43 of the Revised Code and that was sold or	23961
otherwise disposed of in a manner that does not conform to the	23962
requirements of division (B) of this section, or any right of a	23963
financial institution of that nature to commence a civil action in	23964
any appropriate court in this or another state to obtain a	23965
deficiency judgment against the debtor.	23966

(4) Following the sale under division (B)(8) of this section	23967
of any property that is required to be titled or registered under	23968
the law of this state, the prosecuting attorney responsible for	23969
the disposition of the property shall cause the state to issue an	23970
appropriate certificate of title or registration to the purchaser	23971
of the property. Additionally, if, in a disposition of property	23972
pursuant to division (B) of this section, the state or a political	23973
subdivision is given any property that is required to be titled or	23974
registered under the law of this state, the prosecuting attorney	23975
responsible for the disposition of the property shall cause the	23976
state to issue an appropriate certificate of title or registration	23977
to itself or to the political subdivision.	23978

(D) Property that has been forfeited to the state pursuant to	23979
an order of criminal forfeiture under section 2925.42 of the	23980
Revised Code or an order of civil forfeiture under section 2925.43	23981
of the Revised Code shall not be available for use to pay any fine	23982
imposed upon a person who is convicted of or pleads guilty to a	23983
felony drug abuse offense or upon any juvenile who is found by a	23984
juvenile court to be a delinquent child for an act that, if	23985
committed by an adult, would be a felony drug abuse offense.	23986

(E) Sections 2925.41 to 2925.45 of the Revised Code do not	23987
prohibit a law enforcement officer from seeking the forfeiture of	23988
contraband associated with a felony drug abuse offense pursuant to	23989
section 2933.43 of the Revised Code.	23990

Sec. 2929.38. (A) A board of commissioners of a county, in an	23991
agreement with the sheriff, a legislative authority of a municipal	23992
corporation, a corrections commission, a judicial corrections	23993
board, or any other public or private entity that operates a local	23994
detention facility described in division (A) of section 2929.37 of	23995
the Revised Code, may establish a policy that requires any	23996
prisoner who is confined in the facility as a result of pleading	23997
guilty to or having been convicted of an offense to pay a one-time	23998
reception fee for the costs of processing the prisoner into the	23999
facility at the time of the prisoner's initial entry into the	24000
facility under the confinement in question, to pay a reasonable	24001
fee for any medical or dental treatment or service requested by	24002
and provided to that prisoner, and to pay the fee for a random	24003
drug test assessed under division (E) of section 341.26, and	24004
division (E) of section 753.33 of the Revised Code. The fee for	24005
the medical treatment or service shall not exceed the actual cost	24006
of the treatment or service provided. No prisoner confined in the	24007
local detention facility shall be denied any necessary medical	24008
care because of inability to pay the fees.	24009

(B) Upon assessment of a one-time reception fee as described	24010
in division (A) of this section, the provision of the requested	24011
medical treatment or service, or the assessment of a fee for a	24012
random drug test, payment of the required fee may be automatically	24013
deducted from the prisoner's inmate account in the business office	24014
of the local detention facility in which the prisoner is confined.	24015
If there is no money in the account, a deduction may be made at a	24016
later date during the prisoner's confinement if the money becomes	24017
available in the account. If, after release, the prisoner has an	24018
unpaid balance of those fees, the sheriff, legislative authority	24019
of the municipal corporation, corrections commission, judicial	24020
corrections board, or other entity that operates the local	24021
detention facility described in division (A) of section 2929.37 of	24022
the Revised Code may bill the prisoner for the payment of the	24023
unpaid fees. Fees received for medical or dental treatment or	24024
services shall be paid to the commissary fund, if one exists for	24025
the facility, or if no commissary fund exists, to the general fund	24026
of the treasury of the political subdivision that incurred the	24027
expenses, in the same proportion as those expenses were borne by	24028
the political subdivision. Fees received for medical treatment or	24029
services that are placed in the commissary fund under this	24030
division shall be used for the same purposes as profits from the	24031
commissary fund, except that they shall not be used to pay any	24032
salary or benefits of any person who works in or is employed for	24033
the sole purpose of providing service to the commissary.	24034

(C) Any fee paid by a person under this section shall be	24035
deducted from any medical or dental costs that the person is	24036
ordered to reimburse under section 2929.36 of the Revised Code or	24037
to repay under a policy adopted under section 2929.37 of the	24038
Revised Code.	24039

(D) As used in this section, "inmate account" has the same	24040
meaning as in section 2969.21 of the Revised Code.	24041

Sec. 2933.43. (A)(1) Except as provided in this division or	24042
in section 2913.34 or sections 2923.44 to 2923.47 or 2925.41 to	24043
2925.45 of the Revised Code, a law enforcement officer shall seize	24044
any contraband that has been, is being, or is intended to be used	24045
in violation of division (A) of section 2933.42 of the Revised	24046
Code. A law enforcement officer shall seize contraband that is a	24047
watercraft, motor vehicle, or aircraft and that has been, is	24048
being, or is intended to be used in violation of division (A) of	24049
section 2933.42 of the Revised Code only if the watercraft, motor	24050
vehicle, or aircraft is contraband because of its relationship to	24051
an underlying criminal offense that is a felony.	24052

Additionally, a law enforcement officer shall seize any	24053
watercraft, motor vehicle, aircraft, or other personal property	24054
that is classified as contraband under division (B) of section	24055
2933.42 of the Revised Code if the underlying offense involved in	24056
the violation of division (A) of that section that resulted in the	24057
watercraft, motor vehicle, aircraft, or personal property being	24058
classified as contraband, is a felony.	24059

(2) If a law enforcement officer seizes property that is	24060
titled or registered under law, including a motor vehicle,	24061
pursuant to division (A)(1) of this section, the officer or the	24062
officer's employing law enforcement agency shall notify the owner	24063
of the seizure. The notification shall be given to the owner at	24064
the owner's last known address within seventy-two hours after the	24065
seizure, and may be given orally by any means, including	24066
telephone, or by certified mail, return receipt requested.	24067

If the officer or the officer's agency is unable to provide	24068
the notice required by this division despite reasonable, good	24069
faith efforts to do so, the exercise of the reasonable, good faith	24070
efforts constitutes fulfillment of the notice requirement imposed	24071
by this division.	24072

(B)(1) A motor vehicle seized pursuant to division (A)(1) of	24073
this section and the contents of the vehicle may be retained for a	24074
reasonable period of time, not to exceed seventy-two hours, for	24075
the purpose of inspection, investigation, and the gathering of	24076
evidence of any offense or illegal use.	24077

At any time prior to the expiration of the seventy-two-hour	24078
period, the law enforcement agency that seized the motor vehicle	24079
may petition the court of common pleas of the county that has	24080
jurisdiction over the underlying criminal case or administrative	24081
proceeding involved in the forfeiture for an extension of the	24082
seventy-two-hour period if the motor vehicle or its contents are	24083
needed as evidence or if additional time is needed for the	24084
inspection, investigation, or gathering of evidence. Upon the	24085
filing of such a petition, the court immediately shall schedule a	24086
hearing to be held at a time as soon as possible after the filing,	24087
but in no event at a time later than the end of the next business	24088
day subsequent to the day on which the petition was filed, and	24089
upon scheduling the hearing, immediately shall notify the owner of	24090
the vehicle, at the address at which notification of the seizure	24091
was provided under division (A) of this section, of the date,	24092
time, and place of the hearing. If the court, at the hearing,	24093
determines that the vehicle or its contents, or both, are needed	24094
as evidence or that additional time is needed for the inspection,	24095
investigation, or gathering of evidence, the court may grant the	24096
petition and issue an order authorizing the retention of the	24097
vehicle or its contents, or both, for an extended period as	24098
specified by the court in its order. An order extending a period	24099
of retention issued under this division may be renewed.	24100

If no petition for the extension of the initial	24101
seventy-two-hour period has been filed, prior to the expiration of	24102
that period, under this division, if the vehicle was not in the	24103
custody and control of the owner at the time of its seizure, and	24104
if, at the end of that seventy-two-hour period, the owner of the	24105
vehicle has not been charged with an offense or administrative	24106
violation that includes the use of the vehicle as an element and	24107
has not been charged with any other offense or administrative	24108
violation in the actual commission of which the motor vehicle was	24109
used, the vehicle and its contents shall be released to its owner	24110
or the owner's agent, provided that the law enforcement agency	24111
that seized the vehicle may require proof of ownership of the	24112
vehicle, proof of ownership or legal possession of the contents,	24113
and an affidavit of the owner that the owner neither knew of nor	24114
expressly or impliedly consented to the use of the vehicle that	24115
resulted in its forfeiture as conditions precedent to release. If	24116
a petition for the extension of the initial seventy-two-hour	24117
period has been filed, prior to the expiration of that period,	24118
under this division but the court does not grant the petition, if	24119
the vehicle was not in the custody and control of the owner at the	24120
time of its seizure, and if, at the end of that seventy-two-hour	24121
period, the owner of the vehicle has not been charged with an	24122
offense or administrative violation that includes the use of the	24123
vehicle as an element and has not been charged with any other	24124
offense or administrative violation in the actual commission of	24125
which the motor vehicle was used, the vehicle and its contents	24126
shall be released to its owner or the owner's agent, provided that	24127
the court may require the proof and affidavit described in the	24128
preceding sentence as conditions precedent to release. If the	24129
initial seventy-two-hour period has been extended under this	24130
division, the vehicle and its contents to which the extension	24131
applies may be retained in accordance with the extension order.	24132
If, at the end of that extended period, the owner of the vehicle	24133
has not been charged with an offense or administrative violation	24134
that includes the use of the vehicle as an element and has not	24135
been charged with any other offense or administrative violation in	24136
the actual commission of which the motor vehicle was used, and if	24137
the vehicle was not in the custody and control of the owner at the	24138
time of its seizure, the vehicle and its contents shall be	24139
released to its owner or the owner's agent, provided that the	24140
court may require the proof and affidavit described in the third	24141
preceding sentence as conditions precedent to release. In cases in	24142
which the court may require proof and affidavits as conditions	24143
precedent to release, the court also may require the posting of a	24144
bond, with sufficient sureties approved by the court, in an amount	24145
equal to the value of the property to be released, as determined	24146
by the court, and conditioned upon the return of the property to	24147
the court if it is forfeited under this section, as a further	24148
condition to release. If, at the end of the initial	24149
seventy-two-hour period or at the end of any extended period	24150
granted under this section, the owner has been charged with an	24151
offense or administrative violation that includes the use of the	24152
vehicle as an element or has been charged with another offense or	24153
administrative violation in the actual commission of which the	24154
motor vehicle was used, or if the vehicle was in the custody and	24155
control of the owner at the time of its seizure, the vehicle and	24156
its contents shall be retained pending disposition of the charge,	24157
provided that upon the filing of a motion for release by the	24158
owner, if the court determines that the motor vehicle or its	24159
contents, or both, are not needed as evidence in the underlying	24160
criminal case or administrative proceeding, the court may permit	24161
the release of the property that is not needed as evidence to the	24162
owner; as a condition precedent to a release of that nature, the	24163
court may require the owner to execute a bond with the court. Any	24164
bond so required shall be in an amount equal to the value of the	24165
property to be released, as determined by the court, shall have	24166
sufficient sureties approved by the court, and shall be	24167
conditioned upon the return of the property to the court to which	24168
it is forfeited under this section.	24169

The final disposition of a motor vehicle seized pursuant to	24170
division (A)(1) of this section shall be determined in accordance	24171
with division (C) of this section.	24172

(2) Pending a hearing pursuant to division (C) of this	24173
section, and subject to divisions (B)(1) and (C) of this section,	24174
any property lawfully seized pursuant to division (A) of this	24175
section because it was contraband of a type described in division	24176
(A)(13)(b), (d), (e), (f), (g), (h), (i), or (j) of section	24177
2901.01 of the Revised Code shall not be subject to replevin or	24178
other action in any court and shall not be subject to release upon	24179
request of the owner, and no judgment shall be enforced against	24180
the property. Pending the hearing, and subject to divisions (B)(1)	24181
and (C) of this section, the property shall be kept in the custody	24182
of the law enforcement agency responsible for its seizure.	24183

Pending a hearing pursuant to division (C) of this section,	24184
and notwithstanding any provisions of division (B)(1) or (C) of	24185
this section to the contrary, any property lawfully seized	24186
pursuant to division (A) of this section because it was contraband	24187
of a type described in division (A)(13)(a) or (c) of section	24188
2901.01 of the Revised Code shall not be subject to replevin or	24189
other action in any court and shall not be subject to release upon	24190
request of the owner, and no judgment shall be enforced against	24191
the property. Pending the hearing, and notwithstanding any	24192
provisions of division (B)(1) or (C) of this section to the	24193
contrary, the property shall be kept in the custody of the law	24194
enforcement agency responsible for its seizure.	24195

A law enforcement agency that seizes property under division	24196
(A) of this section because it was contraband of any type	24197
described in division (A)(13) of section 2901.01 or division (B)	24198
of section 2933.42 of the Revised Code shall maintain an accurate	24199
record of each item of property so seized, which record shall	24200
include the date on which each item was seized, the manner and	24201
date of its disposition, and if applicable, the name of the person	24202
who received the item; however, the record shall not identify or	24203
enable the identification of the individual officer who seized the	24204
item. The record of property of that nature that no longer is	24205
needed as evidence shall be open to public inspection during the	24206
agency's regular business hours. Each law enforcement agency that,	24207
during any calendar year, seizes property under division (A) of	24208
this section because it was contraband shall prepare a report	24209
covering the calendar year that cumulates all of the information	24210
contained in all of the records kept by the agency pursuant to	24211
this division for that calendar year, and shall send a copy of the	24212
cumulative report, no later than the first day of March in the	24213
calendar year following the calendar year covered by the report,	24214
to the attorney general. Each report received by the attorney	24215
general is a public record open for inspection under section	24216
149.43 of the Revised Code. Not later than the fifteenth day of	24217
April in the calendar year in which the reports are received, the	24218
attorney general shall send to the president of the senate and the	24219
speaker of the house of representatives a written notification	24220
that does all of the following:	24221

(a) Indicates that the attorney general has received from law	24222
enforcement agencies reports of the type described in this	24223
division that cover the previous calendar year and indicates that	24224
the reports were received under this division;	24225

(b) Indicates that the reports are open for inspection under	24226
section 149.43 of the Revised Code;	24227

(c) Indicates that the attorney general will provide a copy	24228
of any or all of the reports to the president of the senate or the	24229
speaker of the house of representatives upon request.	24230

(C) The prosecuting attorney, village solicitor, city	24231
director of law, or similar chief legal officer who has	24232
responsibility for the prosecution of the underlying criminal case	24233
or administrative proceeding, or the attorney general if the	24234
attorney general has that responsibility, shall file a petition	24235
for the forfeiture, to the seizing law enforcement agency of the	24236
contraband seized pursuant to division (A) of this section. The	24237
petition shall be filed in the court that has jurisdiction over	24238
the underlying criminal case or administrative proceeding involved	24239
in the forfeiture. If the property was seized on the basis of both	24240
a criminal violation and an administrative regulation violation,	24241
the petition shall be filed by the officer and in the court that	24242
is appropriate in relation to the criminal case.	24243

The petitioner shall conduct or cause to be conducted a	24244
search of the appropriate public records that relate to the seized	24245
property for the purpose of determining, and shall make or cause	24246
to be made reasonably diligent inquiries for the purpose of	24247
determining, any person having an ownership or security interest	24248
in the property. The petitioner then shall give notice of the	24249
forfeiture proceedings by personal service or by certified mail,	24250
return receipt requested, to any persons known, because of the	24251
conduct of the search, the making of the inquiries, or otherwise,	24252
to have an ownership or security interest in the property, and	24253
shall publish notice of the proceedings once each week for two	24254
consecutive weeks in a newspaper of general circulation in the	24255
county in which the seizure occurred. The notices shall be	24256
personally served, mailed, and first published at least four weeks	24257
before the hearing. They shall describe the property seized; state	24258
the date and place of seizure; name the law enforcement agency	24259
that seized the property and, if applicable, that is holding the	24260
property; list the time, date, and place of the hearing; and state	24261
that any person having an ownership or security interest in the	24262
property may contest the forfeiture.	24263

If the property seized was determined by the seizing law	24264
enforcement officer to be contraband because of its relationship	24265
to an underlying criminal offense or administrative violation, no	24266
forfeiture hearing shall be held under this section unless the	24267
person pleads guilty to or is convicted of the commission of, or	24268
an attempt or conspiracy to commit, the offense or a different	24269
offense arising out of the same facts and circumstances or unless	24270
the person admits or is adjudicated to have committed the	24271
administrative violation or a different violation arising out of	24272
the same facts and circumstances; a forfeiture hearing shall be	24273
held in a case of that nature no later than forty-five days after	24274
the conviction or the admission or adjudication of the violation,	24275
unless the time for the hearing is extended by the court for good	24276
cause shown. The owner of any property seized because of its	24277
relationship to an underlying criminal offense or administrative	24278
violation may request the court to release the property to the	24279
owner. Upon receipt of a request of that nature, if the court	24280
determines that the property is not needed as evidence in the	24281
underlying criminal case or administrative proceeding, the court	24282
may permit the release of the property to the owner. As a	24283
condition precedent to a release of that nature, the court may	24284
require the owner to execute a bond with the court. Any bond so	24285
required shall have sufficient sureties approved by the court,	24286
shall be in a sum equal to the value of the property, as	24287
determined by the court, and shall be conditioned upon the return	24288
of the property to the court if the property is forfeited under	24289
this section. Any property seized because of its relationship to	24290
an underlying criminal offense or administrative violation shall	24291
be returned to its owner if charges are not filed in relation to	24292
that underlying offense or violation within thirty days after the	24293
seizure, if charges of that nature are filed and subsequently are	24294
dismissed, or if charges of that nature are filed and the person	24295
charged does not plead guilty to and is not convicted of the	24296
offense or does not admit and is not found to have committed the	24297
violation.	24298

If the property seized was determined by the seizing law	24299
enforcement officer to be contraband other than because of a	24300
relationship to an underlying criminal offense or administrative	24301
violation, the forfeiture hearing under this section shall be held	24302
no later than forty-five days after the seizure, unless the time	24303
for the hearing is extended by the court for good cause shown.	24304

Where possible, a court holding a forfeiture hearing under	24305
this section shall follow the Rules of Civil Procedure. When a	24306
hearing is conducted under this section, property shall be	24307
forfeited upon a showing, by a preponderance of the evidence, by	24308
the petitioner that the person from which the property was seized	24309
was in violation of division (A) of section 2933.42 of the Revised	24310
Code. If that showing is made, the court shall issue an order of	24311
forfeiture. If an order of forfeiture is issued in relation to	24312
contraband that was released to the owner or the owner's agent	24313
pursuant to this division or division (B)(1) of this section, the	24314
order shall require the owner to deliver the property, by a	24315
specified date, to the law enforcement agency that employed the	24316
law enforcement officer who made the seizure of the property, and	24317
the court shall deliver a copy of the order to the owner or send a	24318
copy of it by certified mail, return receipt requested, to the	24319
owner at the address to which notice of the seizure was given	24320
under division (A)(2) of this section. Except as otherwise	24321
provided in this division, all rights, interest, and title to the	24322
forfeited contraband vests in the state, effective from the date	24323
of seizure.	24324

No property shall be forfeited pursuant to this division if	24325
the owner of the property establishes, by a preponderance of the	24326
evidence, that the owner neither knew, nor should have known after	24327
a reasonable inquiry, that the property was used, or was likely to	24328
be used, in a crime or administrative violation. No bona fide	24329
security interest shall be forfeited pursuant to this division if	24330
the holder of the interest establishes, by a preponderance of the	24331
evidence, that the holder of the interest neither knew, nor should	24332
have known after a reasonable inquiry, that the property was used,	24333
or likely to be used, in a crime or administrative violation, that	24334
the holder of the interest did not expressly or impliedly consent	24335
to the use of the property in a crime or administrative violation,	24336
and that the security interest was perfected pursuant to law prior	24337
to the seizure. If the holder of the interest satisfies the court	24338
that these requirements are met, the interest shall be preserved	24339
by the court. In a case of that nature, the court shall either	24340
order that the agency to which the property is forfeited reimburse	24341
the holder of the interest to the extent of the preserved interest	24342
or order that the holder be paid for the interest from the	24343
proceeds of any sale pursuant to division (D) of this section.	24344

(D)(1) Contraband ordered forfeited pursuant to this section	24345
shall be disposed of pursuant to divisions (D)(1) to (7) of	24346
section 2933.41 of the Revised Code or, if the contraband is not	24347
described in those divisions, may be used, with the approval of	24348
the court, by the law enforcement agency that has custody of the	24349
contraband pursuant to division (D)(8) of that section. In the	24350
case of contraband not described in any of those divisions and of	24351
contraband not disposed of pursuant to any of those divisions, the	24352
contraband shall be sold in accordance with this division or, in	24353
the case of forfeited moneys, disposed of in accordance with this	24354
division. If the contraband is to be sold, the prosecuting	24355
attorney shall cause a notice of the proposed sale of the	24356
contraband to be given in accordance with law, and the property	24357
shall be sold, without appraisal, at a public auction to the	24358
highest bidder for cash. The proceeds of a sale and forfeited	24359
moneys shall be applied in the following order:	24360

(a) First, to the payment of the costs incurred in connection	24361
with the seizure of, storage of, maintenance of, and provision of	24362
security for the contraband, the forfeiture proceeding, and, if	24363
any, the sale;	24364

(b) Second, the remaining proceeds or forfeited moneys after	24365
compliance with division (D)(1)(a) of this section, to the payment	24366
of the balance due on any security interest preserved pursuant to	24367
division (C) of this section;	24368

(c) Third, the remaining proceeds or forfeited moneys after	24369
compliance with divisions (D)(1)(a) and (b) of this section, as	24370
follows:	24371

(i) If the forfeiture was ordered in a juvenile court, ten	24372
per cent to one or more alcohol and drug addiction treatment	24373
programs that are certified by the department of alcohol and drug	24374
addiction services under section 3793.06 of the Revised Code and	24375
that are specified in the order of forfeiture. A juvenile court	24376
shall not certify an alcohol or drug addiction treatment program	24377
in the order of forfeiture unless the program is a certified	24378
alcohol and drug addiction treatment program and, except as	24379
provided in division (D)(1)(c)(i) of this section, unless the	24380
program is located in the county in which the court that orders	24381
the forfeiture is located or in a contiguous county. If no	24382
certified alcohol and drug addiction treatment program is located	24383
in any of those counties, the juvenile court may specify in the	24384
order a certified alcohol and drug addiction treatment program	24385
located anywhere within this state.	24386

(ii) If the forfeiture was ordered in a juvenile court,	24387
ninety per cent, and if the forfeiture was ordered in a court	24388
other than a juvenile court, one hundred per cent to the law	24389
enforcement trust fund of the prosecuting attorney and to the law	24390
enforcement trust fund of the county sheriff if the county sheriff	24391
made the seizure, to the law enforcement trust fund of a municipal	24392
corporation if its police department made the seizure, to the law	24393
enforcement trust fund of a township if the seizure was made by a	24394
township police department, township police district police force,	24395
or office of a township constable, to the law enforcement trust	24396
fund of a park district created pursuant to section 511.18 or	24397
1545.01 of the Revised Code if the seizure was made by the park	24398
district police force or law enforcement department, to the state	24399
highway patrol contraband, forfeiture, and other fund if the state	24400
highway patrol made the seizure, to the department of public	24401
safety investigative unit contraband, forfeiture, and other fund	24402
if the investigative unit of the department of public safety made	24403
the seizure, to the department of taxation enforcement fund if the	24404
department of taxation made the seizure and the controlling board	24405
approves the deposit of the proceeds or forfeited moneys into the	24406
fund, to the board of pharmacy drug law enforcement fund created	24407
by division (B)(1) of section 4729.65 of the Revised Code if the	24408
board made the seizure, or to the treasurer of state for deposit	24409
into the peace officer training commission fund if the controlling	24410
board does not approve deposit of the proceeds or forfeited moneys	24411
into the department of taxation enforcement fund or if a state law	24412
enforcement agency, other than the state highway patrol, the	24413
investigative unit of the department of public safety, the	24414
enforcement division of the department of taxation, or the state	24415
board of pharmacy, made the seizure. The prosecuting attorney may	24416
decline to accept any of the remaining proceeds or forfeited	24417
moneys, and, if the prosecuting attorney so declines, the	24418
remaining proceeds or forfeited moneys shall be applied to the	24419
fund described in this division that relates to the law	24420
enforcement agency that made the seizure.	24421

A law enforcement trust fund shall be established by the	24422
prosecuting attorney of each county who intends to receive any	24423
remaining proceeds or forfeited moneys pursuant to this division,	24424
by the sheriff of each county, by the legislative authority of	24425
each municipal corporation, by the board of township trustees of	24426
each township that has a township police department, township	24427
police district police force, or office of the constable, and by	24428
the board of park commissioners of each park district created	24429
pursuant to section 511.18 or 1545.01 of the Revised Code that has	24430
a park district police force or law enforcement department, for	24431
the purposes of this division. There is hereby created in the	24432
state treasury the state highway patrol contraband, forfeiture,	24433
and other fund, the department of public safety investigative unit	24434
contraband, forfeiture, and other fund, the department of taxation	24435
enforcement fund, and the peace officer training commission fund,	24436
for the purposes described in this division.	24437

Proceeds or forfeited moneys distributed to any municipal	24438
corporation, township, or park district law enforcement trust fund	24439
shall be allocated from the fund by the legislative authority only	24440
to the police department of the municipal corporation, by the	24441
board of township trustees only to the township police department,	24442
township police district police force, or office of the constable,	24443
and by the board of park commissioners only to the park district	24444
police force or law enforcement department.	24445

Additionally, no proceeds or forfeited moneys shall be	24446
allocated to or used by the state highway patrol, the department	24447
of public safety, the department of taxation, the state board of	24448
pharmacy, or a county sheriff, prosecuting attorney, municipal	24449
corporation police department, township police department,	24450
township police district police force, office of the constable, or	24451
park district police force or law enforcement department unless	24452
the state highway patrol, department of public safety, department	24453
of taxation, state board of pharmacy, sheriff, prosecuting	24454
attorney, municipal corporation police department, township police	24455
department, township police district police force, office of the	24456
constable, or park district police force or law enforcement	24457
department has adopted a written internal control policy under	24458
division (D)(3) of this section that addresses the use of moneys	24459
received from the state highway patrol contraband, forfeiture, and	24460
other fund, the department of public safety investigative unit	24461
contraband, forfeiture, and other fund, the department of taxation	24462
enforcement fund, the board of pharmacy drug law enforcement fund,	24463
or the appropriate law enforcement trust fund.	24464

The state highway patrol contraband, forfeiture, and other	24465
fund, the department of public safety investigative unit	24466
contraband, forfeiture, and other fund, the department of taxation	24467
enforcement fund, and a law enforcement trust fund shall be	24468
expended only in accordance with the written internal control	24469
policy so adopted by the recipient, and, subject to the	24470
requirements specified in division (D)(3)(a)(ii) of this section,	24471
only to pay the costs of protracted or complex investigations or	24472
prosecutions, to provide reasonable technical training or	24473
expertise, to provide matching funds to obtain federal grants to	24474
aid law enforcement, in the support of DARE programs or other	24475
programs designed to educate adults or children with respect to	24476
the dangers associated with the use of drugs of abuse, to pay the	24477
costs of emergency action taken under section 3745.13 of the	24478
Revised Code relative to the operation of an illegal	24479
methamphetamine laboratory if the forfeited property or money	24480
involved was that of a person responsible for the operation of the	24481
laboratory, or for other law enforcement purposes that the	24482
superintendent of the state highway patrol, department of public	24483
safety, department of taxation, prosecuting attorney, county	24484
sheriff, legislative authority, board of township trustees, or	24485
board of park commissioners determines to be appropriate. The	24486
board of pharmacy drug law enforcement fund shall be expended only	24487
in accordance with the written internal control policy so adopted	24488
by the board and only in accordance with section 4729.65 of the	24489
Revised Code, except that it also may be expended to pay the costs	24490
of emergency action taken under section 3745.13 of the Revised	24491
Code relative to the operation of an illegal methamphetamine	24492
laboratory if the forfeited property or money involved was that of	24493
a person responsible for the operation of the laboratory. The	24494
state highway patrol contraband, forfeiture, and other fund, the	24495
department of public safety investigative unit contraband,	24496
forfeiture, and other fund, the department of taxation enforcement	24497
fund, the board of pharmacy drug law enforcement fund, and a law	24498
enforcement trust fund shall not be used to meet the operating	24499
costs of the state highway patrol, of the investigative unit of	24500
the department of public safety, of the department of taxation	24501
enforcement division, of the state board of pharmacy, of any	24502
political subdivision, or of any office of a prosecuting attorney	24503
or county sheriff that are unrelated to law enforcement.	24504

Proceeds and forfeited moneys that are paid into the state	24505
treasury to be deposited into the peace officer training	24506
commission fund shall be used by the commission only to pay the	24507
costs of peace officer training.	24508

Any sheriff or prosecuting attorney who receives proceeds or	24509
forfeited moneys pursuant to this division during any calendar	24510
year shall file a report with the county auditor, no later than	24511
the thirty-first day of January of the next calendar year,	24512
verifying that the proceeds and forfeited moneys were expended	24513
only for the purposes authorized by this division and division	24514
(D)(3)(a)(ii) of this section and specifying the amounts expended	24515
for each authorized purpose. Any municipal corporation police	24516
department that is allocated proceeds or forfeited moneys from a	24517
municipal corporation law enforcement trust fund pursuant to this	24518
division during any calendar year shall file a report with the	24519
legislative authority of the municipal corporation, no later than	24520
the thirty-first day of January of the next calendar year,	24521
verifying that the proceeds and forfeited moneys were expended	24522
only for the purposes authorized by this division and division	24523
(D)(3)(a)(ii) of this section and specifying the amounts expended	24524
for each authorized purpose. Any township police department,	24525
township police district police force, or office of the constable	24526
that is allocated proceeds or forfeited moneys from a township law	24527
enforcement trust fund pursuant to this division during any	24528
calendar year shall file a report with the board of township	24529
trustees of the township, no later than the thirty-first day of	24530
January of the next calendar year, verifying that the proceeds and	24531
forfeited moneys were expended only for the purposes authorized by	24532
this division and division (D)(3)(a)(ii) of this section and	24533
specifying the amounts expended for each authorized purpose. Any	24534
park district police force or law enforcement department that is	24535
allocated proceeds or forfeited moneys from a park district law	24536
enforcement trust fund pursuant to this division during any	24537
calendar year shall file a report with the board of park	24538
commissioners of the park district, no later than the thirty-first	24539
day of January of the next calendar year, verifying that the	24540
proceeds and forfeited moneys were expended only for the purposes	24541
authorized by this division and division (D)(3)(a)(ii) of this	24542
section and specifying the amounts expended for each authorized	24543
purpose. The superintendent of the state highway patrol shall file	24544
a report with the attorney general, no later than the thirty-first	24545
day of January of each calendar year, verifying that proceeds and	24546
forfeited moneys paid into the state highway patrol contraband,	24547
forfeiture, and other fund pursuant to this division during the	24548
prior calendar year were used by the state highway patrol during	24549
the prior calendar year only for the purposes authorized by this	24550
division and specifying the amounts expended for each authorized	24551
purpose. The executive director of the state board of pharmacy	24552
shall file a report with the attorney general, no later than the	24553
thirty-first day of January of each calendar year, verifying that	24554
proceeds and forfeited moneys paid into the board of pharmacy drug	24555
law enforcement fund during the prior calendar year were used only	24556
in accordance with section 4729.65 of the Revised Code and	24557
specifying the amounts expended for each authorized purpose. The	24558
peace officer training commission shall file a report with the	24559
attorney general, no later than the thirty-first day of January of	24560
each calendar year, verifying that proceeds and forfeited moneys	24561
paid into the peace officer training commission fund pursuant to	24562
this division during the prior calendar year were used by the	24563
commission during the prior calendar year only to pay the costs of	24564
peace officer training and specifying the amount used for that	24565
purpose.	24566

The tax commissioner shall file a report with the attorney	24567
general, not later than the thirty-first day of January of each	24568
calendar year, verifying that proceeds and forfeited moneys paid	24569
into the department of taxation enforcement fund pursuant to this	24570
division during the prior calendar year were used by the	24571
enforcement division during the prior calendar year to pay only	24572
the costs of enforcing the tax laws and specifying the amount used	24573
for that purpose.	24574

(2) If more than one law enforcement agency is substantially	24575
involved in the seizure of contraband that is forfeited pursuant	24576
to this section, the court ordering the forfeiture shall equitably	24577
divide the proceeds or forfeited moneys, after calculating any	24578
distribution to the law enforcement trust fund of the prosecuting	24579
attorney pursuant to division (D)(1)(c) of this section, among any	24580
county sheriff whose office is determined by the court to be	24581
substantially involved in the seizure, any legislative authority	24582
of a municipal corporation whose police department is determined	24583
by the court to be substantially involved in the seizure, any	24584
board of township trustees whose law enforcement agency is	24585
determined by the court to be substantially involved in the	24586
seizure, any board of park commissioners of a park district whose	24587
police force or law enforcement department is determined by the	24588
court to be substantially involved in the seizure, the state board	24589
of pharmacy if it is determined by the court to be substantially	24590
involved in the seizure, the investigative unit of the department	24591
of public safety if it is determined by the court to be	24592
substantially involved in the seizure, the enforcement division of	24593
the department of taxation if it is determined by the court to be	24594
substantially involved in the seizure and the controlling board	24595
approves the deposit of the proceeds or forfeited moneys into the	24596
fund, and the state highway patrol if it is determined by the	24597
court to be substantially involved in the seizure. The proceeds or	24598
forfeited moneys shall be deposited in the respective law	24599
enforcement trust funds of the county sheriff, municipal	24600
corporation, township, and park district, the board of pharmacy	24601
drug law enforcement fund, the department of public safety	24602
investigative unit contraband, forfeiture, and other fund, the	24603
department of taxation enforcement fund, or the state highway	24604
patrol contraband, forfeiture, and other fund, in accordance with	24605
division (D)(1)(c) of this section. If the controlling board does	24606
not approve deposit of the proceeds or forfeited moneys into the	24607
department of taxation enforcement fund or if a state law	24608
enforcement agency, other than the state highway patrol, the	24609
investigative unit of the department of public safety, the	24610
department of taxation, or the state board of pharmacy, is	24611
determined by the court to be substantially involved in the	24612
seizure, the state agency's equitable share of the proceeds and	24613
forfeited moneys shall be paid to the treasurer of state for	24614
deposit into the peace officer training commission fund.	24615

(3)(a)(i) Prior to being allocated or using any proceeds or	24616
forfeited moneys out of the state highway patrol contraband,	24617
forfeiture, and other fund, the department of public safety	24618
investigative unit contraband, forfeiture, and other fund, the	24619
department of taxation enforcement fund, the board of pharmacy	24620
drug law enforcement fund, or a law enforcement trust fund under	24621
division (D)(1)(c) of this section, the state highway patrol, the	24622
department of public safety, the department of taxation, the state	24623
board of pharmacy, and a county sheriff, prosecuting attorney,	24624
municipal corporation police department, township police	24625
department, township police district police force, office of the	24626
constable, or park district police force or law enforcement	24627
department shall adopt a written internal control policy that	24628
addresses the state highway patrol's, department of public	24629
safety's, department of taxation's, state board of pharmacy's,	24630
sheriff's, prosecuting attorney's, police department's, police	24631
force's, office of the constable's, or law enforcement	24632
department's use and disposition of all the proceeds and forfeited	24633
moneys received and that provides for the keeping of detailed	24634
financial records of the receipts of the proceeds and forfeited	24635
moneys, the general types of expenditures made out of the proceeds	24636
and forfeited moneys, the specific amount of each general type of	24637
expenditure, and the amounts, portions, and programs described in	24638
division (D)(3)(a)(ii) of this section. The policy shall not	24639
provide for or permit the identification of any specific	24640
expenditure that is made in an ongoing investigation.	24641

All financial records of the receipts of the proceeds and	24642
forfeited moneys, the general types of expenditures made out of	24643
the proceeds and forfeited moneys, the specific amount of each	24644
general type of expenditure by the state highway patrol, by the	24645
department of public safety, by the department of taxation, by the	24646
state board of pharmacy, and by a sheriff, prosecuting attorney,	24647
municipal corporation police department, township police	24648
department, township police district police force, office of the	24649
constable, or park district police force or law enforcement	24650
department, and the amounts, portions, and programs described in	24651
division (D)(3)(a)(ii) of this section are public records open for	24652
inspection under section 149.43 of the Revised Code. Additionally,	24653
a written internal control policy adopted under this division is a	24654
public record of that nature, and the state highway patrol, the	24655
department of public safety, the department of taxation, the state	24656
board of pharmacy, or the sheriff, prosecuting attorney, municipal	24657
corporation police department, township police department,	24658
township police district police force, office of the constable, or	24659
park district police force or law enforcement department that	24660
adopted it shall comply with it.	24661

(ii) The written internal control policy of a county sheriff,	24662
prosecuting attorney, municipal corporation police department,	24663
township police department, township police district police force,	24664
office of the constable, or park district police force or law	24665
enforcement department shall provide that at least ten per cent of	24666
the first one hundred thousand dollars of proceeds and forfeited	24667
moneys deposited during each calendar year in the sheriff's,	24668
prosecuting attorney's, municipal corporation's, township's, or	24669
park district's law enforcement trust fund pursuant to division	24670
(B)(7)(c)(ii) of section 2923.46 or division (B)(8)(c)(ii) of	24671
section 2925.44 of the Revised Code, and at least twenty per cent	24672
of the proceeds and forfeited moneys exceeding one hundred	24673
thousand dollars that are so deposited, shall be used in	24674
connection with community preventive education programs. The	24675
manner in which the described percentages are so used shall be	24676
determined by the sheriff, prosecuting attorney, department,	24677
police force, or office of the constable after the receipt and	24678
consideration of advice on appropriate community preventive	24679
education programs from the county's board of alcohol, drug	24680
addiction, and mental health services, from the county's alcohol	24681
and drug addiction services board, or through appropriate	24682
community dialogue. The financial records described in division	24683
(D)(3)(a)(i) of this section shall specify the amount of the	24684
proceeds and forfeited moneys deposited during each calendar year	24685
in the sheriff's, prosecuting attorney's, municipal corporation's,	24686
township's, or park district's law enforcement trust fund pursuant	24687
to division (B)(7)(c)(ii) of section 2923.46 or division	24688
(B)(8)(c)(ii) of section 2925.44 of the Revised Code, the portion	24689
of that amount that was used pursuant to the requirements of this	24690
division, and the community preventive education programs in	24691
connection with which the portion of that amount was so used.	24692

As used in this division, "community preventive education	24693
programs" includes, but is not limited to, DARE programs and other	24694
programs designed to educate adults or children with respect to	24695
the dangers associated with the use of drugs of abuse.	24696

(b) Each sheriff, prosecuting attorney, municipal corporation	24697
police department, township police department, township police	24698
district police force, office of the constable, or park district	24699
police force or law enforcement department that receives in any	24700
calendar year any proceeds or forfeited moneys out of a law	24701
enforcement trust fund under division (D)(1)(c) of this section or	24702
uses any proceeds or forfeited moneys in its law enforcement trust	24703
fund in any calendar year shall prepare a report covering the	24704
calendar year that cumulates all of the information contained in	24705
all of the public financial records kept by the sheriff,	24706
prosecuting attorney, municipal corporation police department,	24707
township police department, township police district police force,	24708
office of the constable, or park district police force or law	24709
enforcement department pursuant to division (D)(3)(a) of this	24710
section for that calendar year, and shall send a copy of the	24711
cumulative report, no later than the first day of March in the	24712
calendar year following the calendar year covered by the report,	24713
to the attorney general.	24714

The superintendent of the state highway patrol shall prepare	24715
a report covering each calendar year in which the state highway	24716
patrol uses any proceeds or forfeited moneys in the state highway	24717
patrol contraband, forfeiture, and other fund under division	24718
(D)(1)(c) of this section, that cumulates all of the information	24719
contained in all of the public financial records kept by the state	24720
highway patrol pursuant to division (D)(3)(a) of this section for	24721
that calendar year, and shall send a copy of the cumulative	24722
report, no later than the first day of March in the calendar year	24723
following the calendar year covered by the report, to the attorney	24724
general.	24725

The department of public safety shall prepare a report	24726
covering each fiscal year in which the department uses any	24727
proceeds or forfeited moneys in the department of public safety	24728
investigative unit contraband, forfeiture, and other fund under	24729
division (D)(1)(c) of this section that cumulates all of the	24730
information contained in all of the public financial records kept	24731
by the department pursuant to division (D)(3)(a) of this section	24732
for that fiscal year. The department shall send a copy of the	24733
cumulative report to the attorney general no later than the first	24734
day of August in the fiscal year following the fiscal year covered	24735
by the report. The director of public safety shall include in the	24736
report a verification that proceeds and forfeited moneys paid into	24737
the department of public safety investigative unit contraband,	24738
forfeiture, and other fund under division (D)(1)(c) of this	24739
section during the preceding fiscal year were used by the	24740
department during that fiscal year only for the purposes	24741
authorized by that division and shall specify the amount used for	24742
each authorized purpose.	24743

The tax commissioner shall prepare a report covering each	24744
calendar year in which the department of taxation enforcement	24745
division uses any proceeds or forfeited moneys in the department	24746
of taxation enforcement fund under division (D)(1)(c) of this	24747
section, that cumulates all of the information contained in all of	24748
the public financial records kept by the department of taxation	24749
enforcement division pursuant to division (D)(3)(a) of this	24750
section for that calendar year, and shall send a copy of the	24751
cumulative report, not later than the first day of March in the	24752
calendar year following the calendar year covered by the report,	24753
to the attorney general.	24754

The executive director of the state board of pharmacy shall	24755
prepare a report covering each calendar year in which the board	24756
uses any proceeds or forfeited moneys in the board of pharmacy	24757
drug law enforcement fund under division (D)(1)(c) of this	24758
section, that cumulates all of the information contained in all of	24759
the public financial records kept by the board pursuant to	24760
division (D)(3)(a) of this section for that calendar year, and	24761
shall send a copy of the cumulative report, no later than the	24762
first day of March in the calendar year following the calendar	24763
year covered by the report, to the attorney general. Each report	24764
received by the attorney general is a public record open for	24765
inspection under section 149.43 of the Revised Code. Not later	24766
than the fifteenth day of April in the calendar year in which the	24767
reports are received, the attorney general shall send to the	24768
president of the senate and the speaker of the house of	24769
representatives a written notification that does all of the	24770
following:	24771

(i) Indicates that the attorney general has received from	24772
entities or persons specified in this division reports of the type	24773
described in this division that cover the previous calendar year	24774
and indicates that the reports were received under this division;	24775

(ii) Indicates that the reports are open for inspection under	24776
section 149.43 of the Revised Code;	24777

(iii) Indicates that the attorney general will provide a copy	24778
of any or all of the reports to the president of the senate or the	24779
speaker of the house of representatives upon request.	24780

(4)(a) A law enforcement agency that receives pursuant to	24781
federal law proceeds from a sale of forfeited contraband, proceeds	24782
from another disposition of forfeited contraband, or forfeited	24783
contraband moneys shall deposit, use, and account for the proceeds	24784
or forfeited moneys in accordance with, and otherwise comply with,	24785
the applicable federal law.	24786

(b) If the state highway patrol receives pursuant to federal	24787
law proceeds from a sale of forfeited contraband, proceeds from	24788
another disposition of forfeited contraband, or forfeited	24789
contraband moneys, the appropriate governmental officials shall	24790
deposit into the state highway patrol contraband, forfeiture, and	24791
other fund all interest or other earnings derived from the	24792
investment of the proceeds or forfeited moneys. The state highway	24793
patrol shall use and account for that interest or other earnings	24794
in accordance with the applicable federal law.	24795

(c) If the investigative unit of the department of public	24796
safety receives pursuant to federal law proceeds from a sale of	24797
forfeited contraband, proceeds from another disposition of	24798
forfeited contraband, or forfeited contraband moneys, the	24799
appropriate governmental officials shall deposit into the	24800
department of public safety investigative unit contraband,	24801
forfeiture, and other fund all interest or other earnings derived	24802
from the investment of the proceeds or forfeited moneys. The	24803
department shall use and account for that interest or other	24804
earnings in accordance with the applicable federal law.	24805

(d) If the tax commissioner receives pursuant to federal law	24806
proceeds from a sale of forfeited contraband, proceeds from	24807
another disposition of forfeited contraband, or forfeited	24808
contraband moneys, the appropriate governmental officials, after	24809
obtaining approval from the controlling board, shall deposit into	24810
the department of taxation enforcement fund all interest or other	24811
earnings derived from the investment of the proceeds or forfeited	24812
moneys. The department shall use and account for that interest or	24813
other earnings in accordance with the applicable federal law. If	24814
the controlling board does not approve deposit of the interest or	24815
other earnings into the department of taxation enforcement fund,	24816
the interest or other earnings shall be paid to the treasurer of	24817
state for deposit into the peace officer training commission fund.	24818

(e) Divisions (D)(1) to (3) of this section do not apply to	24819
proceeds or forfeited moneys received pursuant to federal law or	24820
to the interest or other earnings that are derived from the	24821
investment of proceeds or forfeited moneys received pursuant to	24822
federal law and that are described in division (D)(4)(b) of this	24823
section.	24824

(E) Upon the sale pursuant to this section of any property	24825
that is required to be titled or registered under law, the state	24826
shall issue an appropriate certificate of title or registration to	24827
the purchaser. If the state is vested with title pursuant to	24828
division (C) of this section and elects to retain property that is	24829
required to be titled or registered under law, the state shall	24830
issue an appropriate certificate of title or registration.	24831

(F) Notwithstanding any provisions of this section to the	24832
contrary, any property that is lawfully seized in relation to a	24833
violation of section 2923.32 of the Revised Code shall be subject	24834
to forfeiture and disposition in accordance with sections 2923.32	24835
to 2923.36 of the Revised Code; any property that is forfeited	24836
pursuant to section 2923.44 or 2923.45 of the Revised Code in	24837
relation to a violation of section 2923.42 of the Revised Code or	24838
in relation to an act of a juvenile that is a violation of section	24839
2923.42 of the Revised Code may be subject to forfeiture and	24840
disposition in accordance with sections 2923.44 to 2923.47 of the	24841
Revised Code; and any property that is forfeited pursuant to	24842
section 2925.42 or 2925.43 of the Revised Code in relation to a	24843
felony drug abuse offense, as defined in section 2925.01 of the	24844
Revised Code, or in relation to an act that, if committed by an	24845
adult, would be a felony drug abuse offense of that nature, may be	24846
subject to forfeiture and disposition in accordance with sections	24847
2925.41 to 2925.45 of the Revised Code or this section.	24848

(G) Any failure of a law enforcement officer or agency, a	24849
prosecuting attorney, village solicitor, city director of law, or	24850
similar chief legal officer, a court, or the attorney general to	24851
comply with any duty imposed by this section in relation to any	24852
property seized or with any other provision of this section in	24853
relation to any property seized does not affect the validity of	24854
the seizure of the property, provided the seizure itself was made	24855
in accordance with law, and is not and shall not be considered to	24856
be the basis for the suppression of any evidence resulting from	24857
the seizure of the property, provided the seizure itself was made	24858
in accordance with law.	24859

(H) Contraband that has been forfeited pursuant to division	24860
(C) of this section shall not be available for use to pay any fine	24861
imposed upon a person who is convicted of or pleads guilty to an	24862
underlying criminal offense or a different offense arising out of	24863
the same facts and circumstances.	24864

Sec. 2935.36. (A) The prosecuting attorney may establish	24865
pre-trial diversion programs for adults who are accused of	24866
committing criminal offenses and whom the prosecuting attorney	24867
believes probably will not offend again. The prosecuting attorney	24868
may require, as a condition of an accused's participation in the	24869
program, the accused to pay a reasonable fee for supervision	24870
services that include, but are not limited to, monitoring and drug	24871
testing. The programs shall be operated pursuant to written	24872
standards approved by journal entry by the presiding judge or, in	24873
courts with only one judge, the judge of the court of common pleas	24874
and shall not be applicable to any of the following:	24875

(1) Repeat offenders or dangerous offenders;

24876

(2) Persons accused of an offense of violence, of a violation	24877
of section 2903.06, 2907.04, 2907.05, 2907.21, 2907.22, 2907.31,	24878
2907.32, 2907.34, 2911.31, 2919.12, 2919.13, 2919.22, 2921.02,	24879
2921.11, 2921.12, 2921.32, or 2923.20 of the Revised Code, or of a	24880
violation of section 2905.01, 2905.02, or 2919.23 of the Revised	24881
Code that, had it occurred prior to July 1, 1996, would have been	24882
a violation of section 2905.04 of the Revised Code as it existed	24883
prior to that date, with the exception that the prosecuting	24884
attorney may permit persons accused of any such offense to enter a	24885
pre-trial diversion program, if the prosecuting attorney finds any	24886
of the following:	24887

(a) The accused did not cause, threaten, or intend serious	24888
physical harm to any person;	24889

(b) The offense was the result of circumstances not likely to	24890
recur;	24891

(c) The accused has no history of prior delinquency or	24892
criminal activity;	24893

(d) The accused has led a law-abiding life for a substantial	24894
time before commission of the alleged offense;	24895

(e) Substantial grounds tending to excuse or justify the	24896
alleged offense.	24897

(3) Persons accused of a violation of Chapter 2925. or 3719.	24898
of the Revised Code;	24899

(4) Drug dependent persons or persons in danger of becoming	24900
drug dependent persons, as defined in section 3719.011 of the	24901
Revised Code. However, this division does not affect the	24902
eligibility of such persons for intervention in lieu of conviction	24903
pursuant to section 2951.041 of the Revised Code.	24904

(5) Persons accused of a violation of section 4511.19 of the	24905
Revised Code or a violation of any substantially similar municipal	24906
ordinance.	24907

(B) An accused who enters a diversion program shall do all of	24908
the following:	24909

(1) Waive, in writing and contingent upon the accused's	24910
successful completion of the program, the accused's right to a	24911
speedy trial, the preliminary hearing, the time period within	24912
which the grand jury may consider an indictment against the	24913
accused, and arraignment, unless the hearing, indictment, or	24914
arraignment has already occurred;	24915

(2) Agree, in writing, to the tolling while in the program of	24916
all periods of limitation established by statutes or rules of	24917
court, that are applicable to the offense with which the accused	24918
is charged and to the conditions of the diversion program	24919
established by the prosecuting attorney;	24920

(3) Agree, in writing, to pay any reasonable fee for	24921
supervision services established by the prosecuting attorney.	24922

(C) The trial court, upon the application of the prosecuting	24923
attorney, shall order the release from confinement of any accused	24924
who has agreed to enter a pre-trial diversion program and shall	24925
discharge and release any existing bail and release any sureties	24926
on recognizances and shall release the accused on a recognizance	24927
bond conditioned upon the accused's compliance with the terms of	24928
the diversion program. The prosecuting attorney shall notify every	24929
victim of the crime and the arresting officers of the prosecuting	24930
attorney's intent to permit the accused to enter a pre-trial	24931
diversion program. The victim of the crime and the arresting	24932
officers shall have the opportunity to file written objections	24933
with the prosecuting attorney prior to the commencement of the	24934
pre-trial diversion program.	24935

(D) If the accused satisfactorily completes the diversion	24936
program, the prosecuting attorney shall recommend to the trial	24937
court that the charges against the accused be dismissed, and the	24938
court, upon the recommendation of the prosecuting attorney, shall	24939
dismiss the charges. If the accused chooses not to enter the	24940
prosecuting attorney's diversion program, or if the accused	24941
violates the conditions of the agreement pursuant to which the	24942
accused has been released, the accused may be brought to trial	24943
upon the charges in the manner provided by law, and the waiver	24944
executed pursuant to division (B)(1) of this section shall be void	24945
on the date the accused is removed from the program for the	24946
violation.	24947

(E) As used in this section:

24948

(1) "Repeat offender" means a person who has a history of	24949
persistent criminal activity and whose character and condition	24950
reveal a substantial risk that the person will commit another	24951
offense. It is prima-facie evidence that a person is a repeat	24952
offender if any of the following applies:	24953

(a) Having been convicted of one or more offenses of violence	24954
and having been imprisoned pursuant to sentence for any such	24955
offense, the person commits a subsequent offense of violence;	24956

(b) Having been convicted of one or more sexually oriented	24957
offenses as defined in section 2950.01 of the Revised Code and	24958
having been imprisoned pursuant to sentence for one or more of	24959
those offenses, the person commits a subsequent sexually oriented	24960
offense;	24961

(c) Having been convicted of one or more theft offenses as	24962
defined in section 2913.01 of the Revised Code and having been	24963
imprisoned pursuant to sentence for one or more of those theft	24964
offenses, the person commits a subsequent theft offense;	24965

(d) Having been convicted of one or more felony drug abuse	24966
offenses as defined in section 2925.01 of the Revised Code and	24967
having been imprisoned pursuant to sentence for one or more of	24968
those felony drug abuse offenses, the person commits a subsequent	24969
felony drug abuse offense;	24970

(e) Having been convicted of two or more felonies and having	24971
been imprisoned pursuant to sentence for one or more felonies, the	24972
person commits a subsequent offense;	24973

(f) Having been convicted of three or more offenses of any	24974
type or degree other than traffic offenses, alcoholic intoxication	24975
offenses, or minor misdemeanors and having been imprisoned	24976
pursuant to sentence for any such offense, the person commits a	24977
subsequent offense.	24978

(2) "Dangerous offender" means a person who has committed an	24979
offense, whose history, character, and condition reveal a	24980
substantial risk that the person will be a danger to others, and	24981
whose conduct has been characterized by a pattern of repetitive,	24982
compulsive, or aggressive behavior with heedless indifference to	24983
the consequences.	24984

Sec. 2949.091. (A)(1) The court, in which any person is	24985
convicted of or pleads guilty to any offense other than a traffic	24986
offense that is not a moving violation, shall impose the sum of	24987
~~eleven~~fifteen dollars as costs in the case in addition to any	24988
other court costs that the court is required by law to impose upon	24989
the offender. All such moneys collected during a month shall be	24990
transmitted on or before the twentieth day of the following month	24991
by the clerk of the court to the treasurer of state and deposited	24992
by the treasurer of state into the general revenue fund. The court	24993
shall not waive the payment of the additional ~~eleven~~fifteen	24994
dollars court costs, unless the court determines that the offender	24995
is indigent and waives the payment of all court costs imposed upon	24996
the indigent offender.	24997

(2) The juvenile court, in which a child is found to be a	24998
delinquent child or a juvenile traffic offender for an act which,	24999
if committed by an adult, would be an offense other than a traffic	25000
offense that is not a moving violation, shall impose the sum of	25001
~~eleven~~fifteen dollars as costs in the case in addition to any	25002
other court costs that the court is required or permitted by law	25003
to impose upon the delinquent child or juvenile traffic offender.	25004
All such moneys collected during a month shall be transmitted on	25005
or before the twentieth day of the following month by the clerk of	25006
the court to the treasurer of state and deposited by the treasurer	25007
of state into the general revenue fund. The ~~eleven~~fifteen dollars	25008
court costs shall be collected in all cases unless the court	25009
determines the juvenile is indigent and waives the payment of all	25010
court costs, or enters an order on its journal stating that it has	25011
determined that the juvenile is indigent, that no other court	25012
costs are to be taxed in the case, and that the payment of the	25013
~~eleven~~fifteen dollars court costs is waived.	25014

(B) Whenever a person is charged with any offense other than	25015
a traffic offense that is not a moving violation and posts bail,	25016
the court shall add to the amount of the bail the ~~eleven~~fifteen	25017
dollars required to be paid by division (A)(1) of this section.	25018
The ~~eleven~~fifteen dollars shall be retained by the clerk of the	25019
court until the person is convicted, pleads guilty, forfeits bail,	25020
is found not guilty, or has the charges dismissed. If the person	25021
is convicted, pleads guilty, or forfeits bail, the clerk shall	25022
transmit the ~~eleven~~fifteen dollars on or before the twentieth day	25023
of the month following the month in which the person was	25024
convicted, pleaded guilty, or forfeited bail to the treasurer of	25025
state, who shall deposit it into the general revenue fund. If the	25026
person is found not guilty or the charges are dismissed, the clerk	25027
shall return the ~~eleven~~fifteen dollars to the person.	25028

(C) No person shall be placed or held in a detention facility	25029
for failing to pay the additional ~~eleven~~fifteen dollars court	25030
costs or bail that are required to be paid by this section.	25031

(D) As used in this section:

25032

(1) "Moving violation" and "bail" have the same meanings as	25033
in section 2743.70 of the Revised Code.	25034

(2) "Detention facility" has the same meaning as in section	25035
2921.01 of the Revised Code.	25036

Sec. 3111.04. (A) An action to determine the existence or	25037
nonexistence of the father and child relationship may be brought	25038
by the child or the child's personal representative, the child's	25039
mother or her personal representative, a man alleged or alleging	25040
himself to be the child's father, the child support enforcement	25041
agency of the county in which the child resides if the child's	25042
mother is a recipient of public assistance or of services under	25043
Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42	25044
U.S.C.A. 651, as amended, or the alleged father's personal	25045
representative.	25046

(B) An agreement does not bar an action under this section.

25047

(C) If an action under this section is brought before the	25048
birth of the child and if the action is contested, all	25049
proceedings, except service of process and the taking of	25050
depositions to perpetuate testimony, may be stayed until after the	25051
birth.	25052

(D) A recipient of public assistance or of services under	25053
Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42	25054
U.S.C.A. 651, as amended, shall cooperate with the child support	25055
enforcement agency of the county in which a child resides to	25056
obtain an administrative determination pursuant to sections	25057
3111.38 to 3111.54 of the Revised Code, or, if necessary, a court	25058
determination pursuant to sections 3111.01 to 3111.18 of the	25059
Revised Code, of the existence or nonexistence of a parent and	25060
child relationship between the father and the child. If the	25061
recipient fails to cooperate, the agency may commence an action to	25062
determine the existence or nonexistence of a parent and child	25063
relationship between the father and the child pursuant to sections	25064
3111.01 to 3111.18 of the Revised Code.	25065

(E) As used in this section, "public assistance" means	25066
medical assistance under Chapter 5111. of the Revised Code,	25067
assistance under Chapter 5107. of the Revised Code, or disability	25068
financial assistance under Chapter 5115. of the Revised Code, or	25069
disability medical assistance under Chapter 5115. of the Revised	25070
Code.	25071

Sec. 3119.01. (A) As used in the Revised Code, "child	25072
support enforcement agency" means a child support enforcement	25073
agency designated under former section 2301.35 of the Revised Code	25074
prior to October 1, 1997, or a private or government entity	25075
designated as a child support enforcement agency under section	25076
307.981 of the Revised Code.	25077

(B) As used in this chapter and Chapters 3121., 3123., and	25078
3125. of the Revised Code:	25079

(1) "Administrative child support order" means any order	25080
issued by a child support enforcement agency for the support of a	25081
child pursuant to section 3109.19 or 3111.81 of the Revised Code	25082
or former section 3111.211 of the Revised Code, section 3111.21 of	25083
the Revised Code as that section existed prior to January 1, 1998,	25084
or section 3111.20 or 3111.22 of the Revised Code as those	25085
sections existed prior to March 22, 2001.	25086

(2) "Child support order" means either a court child support	25087
order or an administrative child support order.	25088

(3) "Obligee" means the person who is entitled to receive the	25089
support payments under a support order.	25090

(4) "Obligor" means the person who is required to pay support	25091
under a support order.	25092

(5) "Support order" means either an administrative child	25093
support order or a court support order.	25094

25095

(1) "Combined gross income" means the combined gross income	25096
of both parents.	25097

(2) "Court child support order" means any order issued by a	25098
court for the support of a child pursuant to Chapter 3115. of the	25099
Revised Code, section 2151.23, 2151.231, 2151.232, 2151.33,	25100
2151.36, 2151.361, 2151.49, 3105.21, 3109.05, 3109.19, 3111.13,	25101
3113.04, 3113.07, 3113.31, 3119.65, or 3119.70 of the Revised	25102
Code, or division (B) of former section 3113.21 of the Revised	25103
Code.	25104

(3) "Court support order" means either a court child support	25105
order or an order for the support of a spouse or former spouse	25106
issued pursuant to Chapter 3115. of the Revised Code, section	25107
3105.18, 3105.65, or 3113.31 of the Revised Code, or division (B)	25108
of former section 3113.21 of the Revised Code.	25109

(4) "Extraordinary medical expenses" means any uninsured	25110
medical expenses incurred for a child during a calendar year that	25111
exceed one hundred dollars.	25112

(5) "Income" means either of the following:

25113

(a) For a parent who is employed to full capacity, the gross	25114
income of the parent;	25115

(b) For a parent who is unemployed or underemployed, the sum	25116
of the gross income of the parent and any potential income of the	25117
parent.	25118

(6) "Insurer" means any person authorized under Title XXXIX	25119
of the Revised Code to engage in the business of insurance in this	25120
state, any health insuring corporation, and any legal entity that	25121
is self-insured and provides benefits to its employees or members.	25122

(7) "Gross income" means, except as excluded in division	25123
(C)(7) of this section, the total of all earned and unearned	25124
income from all sources during a calendar year, whether or not the	25125
income is taxable, and includes income from salaries, wages,	25126
overtime pay, and bonuses to the extent described in division (D)	25127
of section 3119.05 of the Revised Code; commissions; royalties;	25128
tips; rents; dividends; severance pay; pensions; interest; trust	25129
income; annuities; social security benefits, including retirement,	25130
disability, and survivor benefits that are not means-tested;	25131
workers' compensation benefits; unemployment insurance benefits;	25132
disability insurance benefits; benefits that are not means-tested	25133
and that are received by and in the possession of the veteran who	25134
is the beneficiary for any service-connected disability under a	25135
program or law administered by the United States department of	25136
veterans' affairs or veterans' administration; spousal support	25137
actually received; and all other sources of income. "Gross income"	25138
includes income of members of any branch of the United States	25139
armed services or national guard, including, amounts representing	25140
base pay, basic allowance for quarters, basic allowance for	25141
subsistence, supplemental subsistence allowance, cost of living	25142
adjustment, specialty pay, variable housing allowance, and pay for	25143
training or other types of required drills; self-generated income;	25144
and potential cash flow from any source.	25145

"Gross income" does not include any of the following:

25146

(a) Benefits received from means-tested government	25147
administered programs, including Ohio works first; prevention,	25148
retention, and contingency; means-tested veterans' benefits;	25149
supplemental security income; food stamps; disability financial	25150
assistance; or other assistance for which eligibility is	25151
determined on the basis of income or assets;	25152

(b) Benefits for any service-connected disability under a	25153
program or law administered by the United States department of	25154
veterans' affairs or veterans' administration that are not	25155
means-tested, that have not been distributed to the veteran who is	25156
the beneficiary of the benefits, and that are in the possession of	25157
the United States department of veterans' affairs or veterans'	25158
administration;	25159

(c) Child support received for children who were not born or	25160
adopted during the marriage at issue;	25161

(d) Amounts paid for mandatory deductions from wages such as	25162
union dues but not taxes, social security, or retirement in lieu	25163
of social security;	25164

(e) Nonrecurring or unsustainable income or cash flow items;

25165

(f) Adoption assistance and foster care maintenance payments	25166
made pursuant to Title IV-E of the "Social Security Act," 94 Stat.	25167
501, 42 U.S.C.A. 670 (1980), as amended.	25168

(8) "Nonrecurring or unsustainable income or cash flow item"	25169
means an income or cash flow item the parent receives in any year	25170
or for any number of years not to exceed three years that the	25171
parent does not expect to continue to receive on a regular basis.	25172
"Nonrecurring or unsustainable income or cash flow item" does not	25173
include a lottery prize award that is not paid in a lump sum or	25174
any other item of income or cash flow that the parent receives or	25175
expects to receive for each year for a period of more than three	25176
years or that the parent receives and invests or otherwise uses to	25177
produce income or cash flow for a period of more than three years.	25178

(9)(a) "Ordinary and necessary expenses incurred in	25179
generating gross receipts" means actual cash items expended by the	25180
parent or the parent's business and includes depreciation expenses	25181
of business equipment as shown on the books of a business entity.	25182

(b) Except as specifically included in "ordinary and	25183
necessary expenses incurred in generating gross receipts" by	25184
division (C)(9)(a) of this section, "ordinary and necessary	25185
expenses incurred in generating gross receipts" does not include	25186
depreciation expenses and other noncash items that are allowed as	25187
deductions on any federal tax return of the parent or the parent's	25188
business.	25189

(10) "Personal earnings" means compensation paid or payable	25190
for personal services, however denominated, and includes wages,	25191
salary, commissions, bonuses, draws against commissions, profit	25192
sharing, vacation pay, or any other compensation.	25193

(11) "Potential income" means both of the following for a	25194
parent who the court pursuant to a court support order, or a child	25195
support enforcement agency pursuant to an administrative child	25196
support order, determines is voluntarily unemployed or voluntarily	25197
underemployed:	25198

(a) Imputed income that the court or agency determines the	25199
parent would have earned if fully employed as determined from the	25200
following criteria:	25201

(i) The parent's prior employment experience;

25202

(ii) The parent's education;

25203

(iii) The parent's physical and mental disabilities, if any;

25204

(iv) The availability of employment in the geographic area in	25205
which the parent resides;	25206

(v) The prevailing wage and salary levels in the geographic	25207
area in which the parent resides;	25208

(vi) The parent's special skills and training;

25209

(vii) Whether there is evidence that the parent has the	25210
ability to earn the imputed income;	25211

(viii) The age and special needs of the child for whom child	25212
support is being calculated under this section;	25213

(ix) The parent's increased earning capacity because of	25214
experience;	25215

(x) Any other relevant factor.

25216

(b) Imputed income from any nonincome-producing assets of a	25217
parent, as determined from the local passbook savings rate or	25218
another appropriate rate as determined by the court or agency, not	25219
to exceed the rate of interest specified in division (A) of	25220
section 1343.03 of the Revised Code, if the income is significant.	25221

(12) "Schedule" means the basic child support schedule set	25222
forth in section 3119.021 of the Revised Code.	25223

(13) "Self-generated income" means gross receipts received by	25224
a parent from self-employment, proprietorship of a business, joint	25225
ownership of a partnership or closely held corporation, and rents	25226
minus ordinary and necessary expenses incurred by the parent in	25227
generating the gross receipts. "Self-generated income" includes	25228
expense reimbursements or in-kind payments received by a parent	25229
from self-employment, the operation of a business, or rents,	25230
including company cars, free housing, reimbursed meals, and other	25231
benefits, if the reimbursements are significant and reduce	25232
personal living expenses.	25233

(14) "Split parental rights and responsibilities" means a	25234
situation in which there is more than one child who is the subject	25235
of an allocation of parental rights and responsibilities and each	25236
parent is the residential parent and legal custodian of at least	25237
one of those children.	25238

(15) "Worksheet" means the applicable worksheet that is used	25239
to calculate a parent's child support obligation as set forth in	25240
sections 3119.022 and 3119.023 of the Revised Code.	25241

Sec. 3121.01. As used in this chapter:

25242

(A) "Court child support order," "court support order," and	25243
"personal earnings" have the same meanings as in section 3119.01	25244
of the Revised Code.	25245

(B) "Default" means any failure to pay under a support order	25246
that is an amount greater than or equal to the amount of support	25247
payable under the support order for one month.	25248

(C) "Financial institution" means a bank, savings and loan	25249
association, or credit union, or a regulated investment company or	25250
mutual fund.	25251

(D) "Income" means any form of monetary payment, including	25252
personal earnings; workers' compensation payments; unemployment	25253
compensation benefits to the extent permitted by, and in	25254
accordance with, sections 3121.07 and 4141.284 of the Revised	25255
Code, and federal law governing the department of job and family	25256
services; pensions; annuities; allowances; private or governmental	25257
retirement benefits; disability or sick pay; insurance proceeds;	25258
lottery prize awards; federal, state, or local government benefits	25259
to the extent that the benefits can be withheld or deducted under	25260
the law governing the benefits; any form of trust fund or	25261
endowment; lump sum payments, including a one-time pay supplement	25262
of one hundred fifty dollars or more paid under section 124.183 of	25263
the Revised Code; and any other payment in money.	25264

(E) "Payor" means any person or entity that pays or	25265
distributes income to an obligor, including an obligor if the	25266
obligor is self-employed; an employer; an employer paying an	25267
obligor's workers' compensation benefits; the public employees	25268
retirement board; the governing entity of a municipal retirement	25269
system; the board of trustees of the Ohio police and fire pension	25270
fund; the state teachers retirement board; the school employees	25271
retirement board; the state highway patrol retirement board; a	25272
provider, as defined in section 3305.01 of the Revised Code; the	25273
bureau of workers' compensation; or any other person or entity	25274
other than the department of job and family services with respect	25275
to unemployment compensation benefits paid pursuant to Chapter	25276
4141. of the Revised Code.	25277

Sec. 3123.952. A child support enforcement agency may submit	25278
the name of a delinquent obligor to the office of child support	25279
for inclusion on a poster only if all of the following apply:	25280

(A) The obligor is subject to a support order and there has	25281
been an attempt to enforce the order through a public notice, a	25282
wage withholding order, a lien on property, a financial	25283
institution deduction order, or other court-ordered procedures.	25284

(B) The department of job and family services reviewed the	25285
obligor's records and confirms the child support enforcement	25286
agency's finding that the obligor's name and photograph may be	25287
submitted to be displayed on a poster.	25288

(C) The agency does not know or is unable to verify the	25289
obligor's whereabouts.	25290

(D) The obligor is not a participant in Ohio works first or	25291
the prevention, retention, and contingency program or a recipient	25292
of disability financial assistance, supplemental security income,	25293
or food stamps.	25294

(E) The child support enforcement agency does not have	25295
evidence that the obligor has filed for protection under the	25296
federal Bankruptcy Code, 11 U.S.C.A. 101, as amended.	25297

(F) The obligee gave written authorization to the agency to	25298
display the obligor on a poster.	25299

(G) A legal representative of the agency and a child support	25300
enforcement administrator reviewed the case.	25301

(H) The agency is able to submit to the department a	25302
description and photograph of the obligor, a statement of the	25303
possible locations of the obligor, and any other information	25304
required by the department.	25305

Sec. 3125.12. Each child support enforcement agency shall	25306
enter into a plan of cooperation with the board of county	25307
commissioners under section 307.983 of the Revised Code and comply	25308
with ~~the partnership~~each fiscal agreement the board enters into	25309
under section 307.98 and contracts the board enters into under	25310
sections 307.981 and 307.982 of the Revised Code that affect the	25311
agency.	25312

Sec. 3301.0710. The state board of education shall adopt	25313
rules establishing a statewide program to test student	25314
achievement. The state board shall ensure that all tests	25315
administered under the testing program are aligned with the	25316
academic standards and model curricula adopted by the state board	25317
and are created with input from Ohio parents, Ohio classroom	25318
teachers, Ohio school administrators, and other Ohio school	25319
personnel pursuant to section 3301.079 of the Revised Code.	25320

The testing program shall be designed to ensure that students	25321
who receive a high school diploma demonstrate at least high school	25322
levels of achievement in reading, writing, mathematics, science,	25323
and social studies.	25324

(A)(1) The state board shall prescribe all of the following:

25325

(a) A statewide achievement test designed to measure the	25326
level of reading skill expected at the end of third grade;	25327

(b) Two statewide achievement tests, one each designed to	25328
measure the level of writing and mathematics skill expected at the	25329
end of fourth grade;	25330

(c) Two statewide achievement tests, one each designed to	25331
measure the level of science and social studies skill expected at	25332
the end of fifth grade;	25333

(d) Three statewide achievement tests, one each designed to	25334
measure the level of reading, writing, and mathematics skill	25335
expected at the end of seventh grade;	25336

(e) Two statewide achievement tests, one each designed to	25337
measure the level of science and social studies skill expected at	25338
the end of eighth grade.	25339

(2) The state board shall determine and designate at least	25340
four ranges of scores on each of the achievement tests described	25341
in division (A)(1) of this section. Each range of scores shall be	25342
deemed to demonstrate a level of achievement so that any student	25343
attaining a score within such range has achieved one of the	25344
following:	25345

(a) An advanced level of skill;

25346

(b) A proficient level of skill;

25347

25348

(d) A below basic level of skill.

25349

(B) The tests prescribed under this division shall	25350
collectively be known as the Ohio graduation tests. The state	25351
board shall prescribe five statewide high school achievement	25352
tests, one each designed to measure the level of reading, writing,	25353
mathematics, science, and social studies skill expected at the end	25354
of tenth grade, and shall determine and designate the score on	25355
each such test that shall be deemed to demonstrate that any	25356
student attaining such score has achieved at least a proficient	25357
level of skill appropriate for tenth grade.	25358

The state board may enter into a reciprocal agreement with	25359
the appropriate body or agency of any other state that has similar	25360
statewide achievement testing requirements for receiving high	25361
school diplomas, under which any student who has met an	25362
achievement testing requirement of one state is recognized as	25363
having met the similar achievement testing requirement of the	25364
other state for purposes of receiving a high school diploma. For	25365
purposes of this section and sections 3301.0711 and 3313.61 of the	25366
Revised Code, any student enrolled in any public high school in	25367
this state who has met an achievement testing requirement	25368
specified in a reciprocal agreement entered into under this	25369
division shall be deemed to have attained at least the applicable	25370
score designated under this division on each test required by this	25371
division that is specified in the agreement.	25372

(C) The state board shall annually designate as follows the	25373
dates on which the tests prescribed under this section shall be	25374
administered:	25375

(1) For the test prescribed under division (A)(1)(a) of this	25376
section, as follows:	25377

(a) One date prior to the thirty-first day of December each	25378
school year;	25379

(b) At least one date of each school year that is not earlier	25380
than Monday of the week containing the eighth day of March;	25381

(c) One date during the summer for students receiving summer	25382
remediation services under section 3313.608 of the Revised Code.	25383

(2) For the tests prescribed under divisions (A)(1)(b), (c),	25384
(d), and (e) of this section, at least one date of each school	25385
year that is not earlier than Monday of the week containing the	25386
eighth day of March;	25387

(3) For the tests prescribed under division (B) of this	25388
section, at least one date in each school year that is not earlier	25389
than Monday of the week containing the fifteenth day of March for	25390
all tenth grade students and at least one date prior to the	25391
thirty-first day of December and at least one date subsequent to	25392
that date but prior to the thirty-first day of March of each	25393
school year for eleventh and twelfth grade students.	25394

(D) In prescribing test dates pursuant to division (C)(3) of	25395
this section, the board shall, to the greatest extent practicable,	25396
provide options to school districts in the case of tests	25397
administered under that division to eleventh and twelfth grade	25398
students and in the case of tests administered to students	25399
pursuant to division (C)(2) of section 3301.0711 of the Revised	25400
Code. Such options shall include at least an opportunity for	25401
school districts to give such tests outside of regular school	25402
hours.	25403

(E) In prescribing test dates pursuant to this section, the	25404
state board of education shall designate the dates in such a way	25405
as to allow a reasonable length of time between the administration	25406
of tests prescribed under this section and any administration of	25407
the National Assessment of Education Progress Test given to	25408
students in the same grade level pursuant to section 3301.27 of	25409
the Revised Code.	25410

(F) The state board shall prescribe a practice version of	25411
each Ohio graduation test described in division (B) of this	25412
section that is of comparable length to the actual test.	25413

Sec. 3301.0711. (A) The department of education shall:

25414

(1) Annually furnish to, grade, and score all tests required	25415
by section 3301.0710 of the Revised Code to be administered by	25416
city, local, exempted village, and joint vocational school	25417
districts, except that each district shall score any test	25418
administered pursuant to division (B)(8) of this section. In	25419
furnishing the practice versions of Ohio graduation tests	25420
prescribed by division (F) of section 3301.0710 of the Revised	25421
Code, the department shall make the tests available on its website	25422
for reproduction by districts. In awarding contracts for grading	25423
tests, the department shall give preference to Ohio-based entities	25424
employing Ohio residents.	25425

(2) Adopt rules for the ethical use of tests and prescribing	25426
the manner in which the tests prescribed by section 3301.0710 of	25427
the Revised Code shall be administered to students.	25428

(B) Except as provided in divisions (C) and (J) of this	25429
section, the board of education of each city, local, and exempted	25430
village school district shall, in accordance with rules adopted	25431
under division (A) of this section:	25432

(1) Administer the test prescribed under division (A)(1)(a)	25433
of section 3301.0710 of the Revised Code twice annually to all	25434
students in the third grade who have not attained the score	25435
designated for that test under division (A)(2)(b) of section	25436
3301.0710 of the Revised Code and once each summer to students	25437
receiving summer remediation services under section 3313.608 of	25438
the Revised Code.	25439

(2) Administer the tests prescribed under division (A)(1)(b)	25440
of section 3301.0710 of the Revised Code at least once annually to	25441
all students in the fourth grade.	25442

(3) Administer the tests prescribed under division (A)(1)(c)	25443
of section 3301.0710 of the Revised Code at least once annually to	25444
all students in the fifth grade.	25445

(4) Administer the tests prescribed under division (A)(1)(d)	25446
of section 3301.0710 of the Revised Code at least once annually to	25447
all students in the seventh grade.	25448

(5) Administer the tests prescribed under division (A)(1)(e)	25449
of section 3301.0710 of the Revised Code at least once annually to	25450
all students in the eighth grade.	25451

(6) Except as provided in division (B)(7) of this ~~sections~~	25452
section, administer any test prescribed under division (B) of	25453
section 3301.0710 of the Revised Code as follows:	25454

(a) At least once annually to all tenth grade students and at	25455
least twice annually to all students in eleventh or twelfth grade	25456
who have not yet attained the score on that test designated under	25457
that division;	25458

(b) To any person who has successfully completed the	25459
curriculum in any high school or the individualized education	25460
program developed for the person by any high school pursuant to	25461
section 3323.08 of the Revised Code but has not received a high	25462
school diploma and who requests to take such test, at any time	25463
such test is administered in the district.	25464

(7) In lieu of the board of education of any city, local, or	25465
exempted village school district in which the student is also	25466
enrolled, the board of a joint vocational school district shall	25467
administer any test prescribed under division (B) of section	25468
3301.0710 of the Revised Code at least twice annually to any	25469
student enrolled in the joint vocational school district who has	25470
not yet attained the score on that test designated under that	25471
division. A board of a joint vocational school district may also	25472
administer such a test to any student described in division	25473
(B)(6)(b) of this section.	25474

(8) If the district has been declared to be under an academic	25475
watch or in a state of academic emergency pursuant to section	25476
3302.03 of the Revised Code, administer each test prescribed by	25477
division (F) of section 3301.0710 of the Revised Code in September	25478
to all ninth grade students, beginning in the school year that	25479
starts July 1, 2004.	25480

(C)(1)(a) Any student receiving special education services	25481
under Chapter 3323. of the Revised Code may be excused from taking	25482
any particular test required to be administered under this section	25483
if the individualized education program developed for the student	25484
pursuant to section 3323.08 of the Revised Code excuses the	25485
student from taking that test and instead specifies an alternate	25486
assessment method approved by the department of education as	25487
conforming to requirements of federal law for receipt of federal	25488
funds for disadvantaged pupils. To the extent possible, the	25489
individualized education program shall not excuse the student from	25490
taking a test unless no reasonable accommodation can be made to	25491
enable the student to take the test.	25492

(b) Any alternate assessment approved by the department for a	25493
student under this division shall produce measurable results	25494
comparable to those produced by the tests which the alternate	25495
assessments are replacing in order to allow for the student's	25496
assessment results to be included in the data compiled for a	25497
school district under section 3302.03 of the Revised Code.	25498

(c) Any student enrolled in a chartered nonpublic school who	25499
has been identified, based on an evaluation conducted in	25500
accordance with section 3323.03 of the Revised Code or section 504	25501
of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A.	25502
794, as amended, as a child with a disability shall be excused	25503
from taking any particular test required to be administered under	25504
this section if a plan developed for the student pursuant to rules	25505
adopted by the state board excuses the student from taking that	25506
test. In the case of any student so excused from taking a test,	25507
the chartered nonpublic school shall not prohibit the student from	25508
taking the test.	25509

(2) A district board may, for medical reasons or other good	25510
cause, excuse a student from taking a test administered under this	25511
section on the date scheduled, but any such test shall be	25512
administered to such excused student not later than nine days	25513
following the scheduled date. The board shall annually report the	25514
number of students who have not taken one or more of the tests	25515
required by this section to the state board of education not later	25516
than the thirtieth day of June.	25517

(3) As used in this division, "English-limited student" means	25518
a student whose primary language is not English, who has been	25519
enrolled in United States schools for less than three full school	25520
years, and who within the school year has been identified, in	25521
accordance with criteria provided by the department of education,	25522
as lacking adequate proficiency in English for a test under this	25523
section to produce valid results with respect to that student's	25524
academic progress.	25525

A school district board or governing authority of a nonpublic	25526
school may grant a temporary, one-year exemption from any test	25527
administered under this section to an English-limited student. Not	25528
more than three temporary one-year exemptions may be granted to	25529
any student. During any school year in which a student is excused	25530
from taking one or more tests administered under this section, the	25531
school district shall assess that student's progress in learning	25532
English, in accordance with procedures approved by the department.	25533

No district board or governing authority of a chartered	25534
nonpublic school shall prohibit an English-limited student from	25535
taking a test under this section.	25536

(D) This division does not apply to any student receiving	25537
services pursuant to an individualized education program developed	25538
for the student pursuant to section 3323.08 of the Revised Code.	25539

(1) In the school year next succeeding the school year in	25540
which the tests prescribed by division (A)(1) of section 3301.0710	25541
of the Revised Code or former division (A)(1), (A)(2), or (B) of	25542
section 3301.0710 of the Revised Code as it existed prior to ~~the~~	25543
~~effective date of this amendment~~September 11, 2001, are	25544
administered to any student, the board of education of any school	25545
district in which the student is enrolled in that year shall	25546
provide to the student intervention services commensurate with the	25547
student's test performance, including any intensive intervention	25548
required under section 3313.608 of the Revised Code, in any skill	25549
in which the student failed to demonstrate at least a score at the	25550
proficient level on a proficiency test or a score in the basic	25551
range on an achievement test. ~~This division does not apply to any~~	25552
~~student receiving services pursuant to an individualized education~~	25553
~~program developed for the student pursuant to section 3323.08 of~~	25554
~~the Revised Code.~~	25555

(2) Following any administration of the tests prescribed by	25556
division (F) of section 3301.0710 of the Revised Code to ninth	25557
grade students, each school district that has been declared to be	25558
in a state of academic emergency pursuant to section 3302.03 of	25559
the Revised Code shall determine for each high school in the	25560
district whether the school shall be required to provide	25561
intervention services to any students who took the tests. In	25562
determining which high schools shall provide intervention services	25563
based on the resources available, the district shall consider each	25564
school's graduation rate and scores on the practice tests. If any	25565
achievement tests in reading and math are adopted by the state	25566
board of education for administration in the eighth grade, the	25567
district also shall consider the scores received by ninth grade	25568
students on those tests in the eighth grade in determining which	25569
high schools shall provide intervention services.	25570

Each high school selected to provide intervention services	25571
under this division shall provide intervention services to any	25572
student whose test results indicate that the student is failing to	25573
make satisfactory progress toward being able to attain scores at	25574
the proficient level on the Ohio Graduation Tests. Intervention	25575
services shall be provided in any skill in which a student	25576
demonstrates unsatisfactory progress and shall be commensurate	25577
with the student's test performance. Schools shall provide the	25578
intervention services prior to the end of the school year, during	25579
the summer following the ninth grade, in the next succeeding	25580
school year, or at any combination of those times.	25581

(E) Except as provided in section 3313.608 of the Revised	25582
Code and division (M) of this section, no school district board of	25583
education shall utilize any student's failure to attain a	25584
specified score on any test administered under this section as a	25585
factor in any decision to deny the student promotion to a higher	25586
grade level. However, a district board may choose not to promote	25587
to the next grade level any student who does not take any test	25588
administered under this section or make up such test as provided	25589
by division (C)(2) of this section and who is not exempted from	25590
the requirement to take the test under division (C)(1) or (3) of	25591
this section.	25592

(F) No person shall be charged a fee for taking any test	25593
administered under this section.	25594

(G) Not later than sixty days after any administration of any	25595
test prescribed by section 3301.0710 of the Revised Code, the	25596
department shall send to each school district board a list of the	25597
individual test scores of all persons taking the test. For any	25598
tests administered under this section by a joint vocational school	25599
district, the department shall also send to each city, local, or	25600
exempted village school district a list of the individual test	25601
scores of any students of such city, local, or exempted village	25602
school district who are attending school in the joint vocational	25603
school district.	25604

(H) Individual test scores on any tests administered under	25605
this section shall be released by a district board only in	25606
accordance with section 3319.321 of the Revised Code and the rules	25607
adopted under division (A) of this section. No district board or	25608
its employees shall utilize individual or aggregate test results	25609
in any manner that conflicts with rules for the ethical use of	25610
tests adopted pursuant to division (A) of this section.	25611

(I) Except as provided in division (G) of this section, the	25612
department shall not release any individual test scores on any	25613
test administered under this section and shall adopt rules to	25614
ensure the protection of student confidentiality at all times.	25615

(J) Notwithstanding division (D) of section 3311.52 of the	25616
Revised Code, this section does not apply to the board of	25617
education of any cooperative education school district except as	25618
provided under rules adopted pursuant to this division.	25619

(1) In accordance with rules that the state board of	25620
education shall adopt, the board of education of any city,	25621
exempted village, or local school district with territory in a	25622
cooperative education school district established pursuant to	25623
divisions (A) to (C) of section 3311.52 of the Revised Code may	25624
enter into an agreement with the board of education of the	25625
cooperative education school district for administering any test	25626
prescribed under this section to students of the city, exempted	25627
village, or local school district who are attending school in the	25628
cooperative education school district.	25629

(2) In accordance with rules that the state board of	25630
education shall adopt, the board of education of any city,	25631
exempted village, or local school district with territory in a	25632
cooperative education school district established pursuant to	25633
section 3311.521 of the Revised Code shall enter into an agreement	25634
with the cooperative district that provides for the administration	25635
of any test prescribed under this section to both of the	25636
following:	25637

(a) Students who are attending school in the cooperative	25638
district and who, if the cooperative district were not	25639
established, would be entitled to attend school in the city,	25640
local, or exempted village school district pursuant to section	25641
3313.64 or 3313.65 of the Revised Code;	25642

(b) Persons described in division (B)(6)(b) of this section.

25643

Any testing of students pursuant to such an agreement shall	25644
be in lieu of any testing of such students or persons pursuant to	25645
this section.	25646

(K)(1) Any chartered nonpublic school may participate in the	25647
testing program by administering any of the tests prescribed by	25648
section 3301.0710 of the Revised Code if the chief administrator	25649
of the school specifies which tests the school wishes to	25650
administer. Such specification shall be made in writing to the	25651
superintendent of public instruction prior to the first day of	25652
August of any school year in which tests are administered and	25653
shall include a pledge that the nonpublic school will administer	25654
the specified tests in the same manner as public schools are	25655
required to do under this section and rules adopted by the	25656
department.	25657

(2) The department of education shall furnish the tests	25658
prescribed by section 3301.0710 of the Revised Code to any	25659
chartered nonpublic school electing to participate under this	25660
division.	25661

(L)(1) The superintendent of the state school for the blind	25662
and the superintendent of the state school for the deaf shall	25663
administer the tests described by section 3301.0710 of the Revised	25664
Code. Each superintendent shall administer the tests in the same	25665
manner as district boards are required to do under this section	25666
and rules adopted by the department of education and in conformity	25667
with division (C)(1)(a) of this section.	25668

(2) The department of education shall furnish the tests	25669
described by section 3301.0710 of the Revised Code to each	25670
superintendent.	25671

(M) Notwithstanding division (E) of this section, a school	25672
district may use a student's failure to attain a score in at least	25673
the basic range on any of the tests described by division	25674
(A)(1)(b), (c), (d), or (e) of section 3301.0710 of the Revised	25675
Code as a factor in retaining that student in the current grade	25676
level.	25677

(N)(1) All tests required by section 3301.0710 of the Revised	25678
Code shall become public records pursuant to section 149.43 of the	25679
Revised Code on the first day of July following the school year	25680
that the test was administered.	25681

(2) The department may field test proposed test questions	25682
with samples of students to determine the validity, reliability,	25683
or appropriateness of test questions for possible inclusion in a	25684
future year's test.	25685

Field test questions shall not be considered in computing	25686
test scores for individual students. Field test questions may be	25687
included as part of the administration of any test required by	25688
section 3301.0710 of the Revised Code.	25689

(3) Any field test question administered under division	25690
(N)(2) of this section shall not be a public record. Such field	25691
test questions shall be redacted from any tests which are released	25692
as a public record pursuant to division (N)(1) of this section.	25693

Sec. 3301.0714. (A) The state board of education shall adopt	25694
rules for a statewide education management information system. The	25695
rules shall require the state board to establish guidelines for	25696
the establishment and maintenance of the system in accordance with	25697
this section and the rules adopted under this section. The	25698
guidelines shall include:	25699

(1) Standards identifying and defining the types of data in	25700
the system in accordance with divisions (B) and (C) of this	25701
section;	25702

(2) Procedures for annually collecting and reporting the data	25703
to the state board in accordance with division (D) of this	25704
section;	25705

(3) Procedures for annually compiling the data in accordance	25706
with division (G) of this section;	25707

(4) Procedures for annually reporting the data to the public	25708
in accordance with division (H) of this section.	25709

(B) The guidelines adopted under this section shall require	25710
the data maintained in the education management information system	25711
to include at least the following:	25712

(1) Student participation and performance data, for each	25713
grade in each school district as a whole and for each grade in	25714
each school building in each school district, that includes:	25715

(a) The numbers of students receiving each category of	25716
instructional service offered by the school district, such as	25717
regular education instruction, vocational education instruction,	25718
specialized instruction programs or enrichment instruction that is	25719
part of the educational curriculum, instruction for gifted	25720
students, instruction for handicapped students, and remedial	25721
instruction. The guidelines shall require instructional services	25722
under this division to be divided into discrete categories if an	25723
instructional service is limited to a specific subject, a specific	25724
type of student, or both, such as regular instructional services	25725
in mathematics, remedial reading instructional services,	25726
instructional services specifically for students gifted in	25727
mathematics or some other subject area, or instructional services	25728
for students with a specific type of handicap. The categories of	25729
instructional services required by the guidelines under this	25730
division shall be the same as the categories of instructional	25731
services used in determining cost units pursuant to division	25732
(C)(3) of this section.	25733

(b) The numbers of students receiving support or	25734
extracurricular services for each of the support services or	25735
extracurricular programs offered by the school district, such as	25736
counseling services, health services, and extracurricular sports	25737
and fine arts programs. The categories of services required by the	25738
guidelines under this division shall be the same as the categories	25739
of services used in determining cost units pursuant to division	25740
(C)(4)(a) of this section.	25741

(c) Average student grades in each subject in grades nine	25742
through twelve;	25743

(d) Academic achievement levels as assessed by the testing of	25744
student achievement under sections 3301.0710 and 3301.0711 of the	25745
Revised Code;	25746

(e) The number of students designated as having a	25747
handicapping condition pursuant to division (C)(1) of section	25748
3301.0711 of the Revised Code;	25749

(f) The numbers of students reported to the state board	25750
pursuant to division (C)(2) of section 3301.0711 of the Revised	25751
Code;	25752

(g) Attendance rates and the average daily attendance for the	25753
year. For purposes of this division, a student shall be counted as	25754
present for any field trip that is approved by the school	25755
administration.	25756

(h) Expulsion rates;

25757

(i) Suspension rates;

25758

(j) The percentage of students receiving corporal punishment;

25759

(k) Dropout rates;

25760

(l) Rates of retention in grade;

25761

(m) For pupils in grades nine through twelve, the average	25762
number of carnegie units, as calculated in accordance with state	25763
board of education rules;	25764

(n) Graduation rates, to be calculated in a manner specified	25765
by the department of education that reflects the rate at which	25766
students who were in the ninth grade three years prior to the	25767
current year complete school and that is consistent with	25768
nationally accepted reporting requirements;	25769

(o) Results of diagnostic assessments administered to	25770
kindergarten students as required under section 3301.0715 of the	25771
Revised Code to permit a comparison of the academic readiness of	25772
kindergarten students. However, no district shall be required to	25773
report to the department the results of any diagnostic assessment	25774
administered to a kindergarten student if the parent of that	25775
student requests the district not to report those results.	25776

(2) Personnel and classroom enrollment data for each school	25777
district, including:	25778

(a) The total numbers of licensed employees and nonlicensed	25779
employees and the numbers of full-time equivalent licensed	25780
employees and nonlicensed employees providing each category of	25781
instructional service, instructional support service, and	25782
administrative support service used pursuant to division (C)(3) of	25783
this section. The guidelines adopted under this section shall	25784
require these categories of data to be maintained for the school	25785
district as a whole and, wherever applicable, for each grade in	25786
the school district as a whole, for each school building as a	25787
whole, and for each grade in each school building.	25788

(b) The total number of employees and the number of full-time	25789
equivalent employees providing each category of service used	25790
pursuant to divisions (C)(4)(a) and (b) of this section, and the	25791
total numbers of licensed employees and nonlicensed employees and	25792
the numbers of full-time equivalent licensed employees and	25793
nonlicensed employees providing each category used pursuant to	25794
division (C)(4)(c) of this section. The guidelines adopted under	25795
this section shall require these categories of data to be	25796
maintained for the school district as a whole and, wherever	25797
applicable, for each grade in the school district as a whole, for	25798
each school building as a whole, and for each grade in each school	25799
building.	25800

(c) The total number of regular classroom teachers teaching	25801
classes of regular education and the average number of pupils	25802
enrolled in each such class, in each of grades kindergarten	25803
through five in the district as a whole and in each school	25804
building in the school district.	25805

(3)(a) Student demographic data for each school district,	25806
including information regarding the gender ratio of the school	25807
district's pupils, the racial make-up of the school district's	25808
pupils, and an appropriate measure of the number of the school	25809
district's pupils who reside in economically disadvantaged	25810
households. The demographic data shall be collected in a manner to	25811
allow correlation with data collected under division (B)(1) of	25812
this section. Categories for data collected pursuant to division	25813
(B)(3) of this section shall conform, where appropriate, to	25814
standard practices of agencies of the federal government.	25815

(b) With respect to each student entering kindergarten,	25816
whether the student previously participated in a public preschool	25817
program, a private preschool program, or a head start program, and	25818
the number of years the student participated in each of these	25819
programs.	25820

(C) The education management information system shall include	25821
cost accounting data for each district as a whole and for each	25822
school building in each school district. The guidelines adopted	25823
under this section shall require the cost data for each school	25824
district to be maintained in a system of mutually exclusive cost	25825
units and shall require all of the costs of each school district	25826
to be divided among the cost units. The guidelines shall require	25827
the system of mutually exclusive cost units to include at least	25828
the following:	25829

(1) Administrative costs for the school district as a whole.	25830
The guidelines shall require the cost units under this division	25831
(C)(1) to be designed so that each of them may be compiled and	25832
reported in terms of average expenditure per pupil in formula ADM	25833
in the school district, as determined pursuant to section 3317.03	25834
of the Revised Code.	25835

(2) Administrative costs for each school building in the	25836
school district. The guidelines shall require the cost units under	25837
this division (C)(2) to be designed so that each of them may be	25838
compiled and reported in terms of average expenditure per	25839
full-time equivalent pupil receiving instructional or support	25840
services in each building.	25841

(3) Instructional services costs for each category of	25842
instructional service provided directly to students and required	25843
by guidelines adopted pursuant to division (B)(1)(a) of this	25844
section. The guidelines shall require the cost units under	25845
division (C)(3) of this section to be designed so that each of	25846
them may be compiled and reported in terms of average expenditure	25847
per pupil receiving the service in the school district as a whole	25848
and average expenditure per pupil receiving the service in each	25849
building in the school district and in terms of a total cost for	25850
each category of service and, as a breakdown of the total cost, a	25851
cost for each of the following components:	25852

(a) The cost of each instructional services category required	25853
by guidelines adopted under division (B)(1)(a) of this section	25854
that is provided directly to students by a classroom teacher;	25855

(b) The cost of the instructional support services, such as	25856
services provided by a speech-language pathologist, classroom	25857
aide, multimedia aide, or librarian, provided directly to students	25858
in conjunction with each instructional services category;	25859

(c) The cost of the administrative support services related	25860
to each instructional services category, such as the cost of	25861
personnel that develop the curriculum for the instructional	25862
services category and the cost of personnel supervising or	25863
coordinating the delivery of the instructional services category.	25864

(4) Support or extracurricular services costs for each	25865
category of service directly provided to students and required by	25866
guidelines adopted pursuant to division (B)(1)(b) of this section.	25867
The guidelines shall require the cost units under division (C)(4)	25868
of this section to be designed so that each of them may be	25869
compiled and reported in terms of average expenditure per pupil	25870
receiving the service in the school district as a whole and	25871
average expenditure per pupil receiving the service in each	25872
building in the school district and in terms of a total cost for	25873
each category of service and, as a breakdown of the total cost, a	25874
cost for each of the following components:	25875

(a) The cost of each support or extracurricular services	25876
category required by guidelines adopted under division (B)(1)(b)	25877
of this section that is provided directly to students by a	25878
licensed employee, such as services provided by a guidance	25879
counselor or any services provided by a licensed employee under a	25880
supplemental contract;	25881

(b) The cost of each such services category provided directly	25882
to students by a nonlicensed employee, such as janitorial	25883
services, cafeteria services, or services of a sports trainer;	25884

(c) The cost of the administrative services related to each	25885
services category in division (C)(4)(a) or (b) of this section,	25886
such as the cost of any licensed or nonlicensed employees that	25887
develop, supervise, coordinate, or otherwise are involved in	25888
administering or aiding the delivery of each services category.	25889

(D)(1) The guidelines adopted under this section shall	25890
require school districts to collect information about individual	25891
students, staff members, or both in connection with any data	25892
required by division (B) or (C) of this section or other reporting	25893
requirements established in the Revised Code. The guidelines may	25894
also require school districts to report information about	25895
individual staff members in connection with any data required by	25896
division (B) or (C) of this section or other reporting	25897
requirements established in the Revised Code. The guidelines shall	25898
not authorize school districts to request social security numbers	25899
of individual students. The guidelines shall prohibit the	25900
reporting under this section of a student's name, address, and	25901
social security number to the state board of education or the	25902
department of education. The guidelines shall also prohibit the	25903
reporting under this section of any personally identifiable	25904
information about any student, except for the purpose of assigning	25905
the data verification code required by division (D)(2) of this	25906
section, to any other person unless such person is employed by the	25907
school district or the data acquisition site operated under	25908
section 3301.075 of the Revised Code and is authorized by the	25909
district or acquisition site to have access to such information.	25910
The guidelines may require school districts to provide the social	25911
security numbers of individual staff members.	25912

(2) The guidelines shall provide for each school district or	25913
community school to assign a data verification code that is unique	25914
on a statewide basis over time to each student whose initial Ohio	25915
enrollment is in that district or school and to report all	25916
required individual student data for that student utilizing such	25917
code. The guidelines shall also provide for assigning data	25918
verification codes to all students enrolled in districts or	25919
community schools on the effective date of the guidelines	25920
established under this section.	25921

Individual student data shall be reported to the department	25922
through the data acquisition sites utilizing the code but at no	25923
time shall the state board or the department have access to	25924
information that would enable any data verification code to be	25925
matched to personally identifiable student data.	25926

Each school district shall ensure that the data verification	25927
code is included in the student's records reported to any	25928
subsequent school district or community school in which the	25929
student enrolls and shall remove all references to the code in any	25930
records retained in the district or school that pertain to any	25931
student no longer enrolled. Any such subsequent district or school	25932
shall utilize the same identifier in its reporting of data under	25933
this section.	25934

(E) The guidelines adopted under this section may require	25935
school districts to collect and report data, information, or	25936
reports other than that described in divisions (A), (B), and (C)	25937
of this section for the purpose of complying with other reporting	25938
requirements established in the Revised Code. The other data,	25939
information, or reports may be maintained in the education	25940
management information system but are not required to be compiled	25941
as part of the profile formats required under division (G) of this	25942
section or the annual statewide report required under division (H)	25943
of this section.	25944

(F) Beginning with the school year that begins July 1, 1991,	25945
the board of education of each school district shall annually	25946
collect and report to the state board, in accordance with the	25947
guidelines established by the board, the data required pursuant to	25948
this section. A school district may collect and report these data	25949
notwithstanding section 2151.358 or 3319.321 of the Revised Code.	25950

(G) The state board shall, in accordance with the procedures	25951
it adopts, annually compile the data reported by each school	25952
district pursuant to division (D) of this section. The state board	25953
shall design formats for profiling each school district as a whole	25954
and each school building within each district and shall compile	25955
the data in accordance with these formats. These profile formats	25956
shall:	25957

(1) Include all of the data gathered under this section in a	25958
manner that facilitates comparison among school districts and	25959
among school buildings within each school district;	25960

(2) Present the data on academic achievement levels as	25961
assessed by the testing of student achievement maintained pursuant	25962
to division (B)(1)(e) of this section so that the academic	25963
achievement levels of students who are excused from taking any	25964
such test pursuant to division (C)(1) of section 3301.0711 of the	25965
Revised Code are distinguished from the academic achievement	25966
levels of students who are not so excused.	25967

(H)(1) The state board shall, in accordance with the	25968
procedures it adopts, annually prepare a statewide report for all	25969
school districts and the general public that includes the profile	25970
of each of the school districts developed pursuant to division (G)	25971
of this section. Copies of the report shall be sent to each school	25972
district.	25973

(2) The state board shall, in accordance with the procedures	25974
it adopts, annually prepare an individual report for each school	25975
district and the general public that includes the profiles of each	25976
of the school buildings in that school district developed pursuant	25977
to division (G) of this section. Copies of the report shall be	25978
sent to the superintendent of the district and to each member of	25979
the district board of education.	25980

(3) Copies of the reports received from the state board under	25981
divisions (H)(1) and (2) of this section shall be made available	25982
to the general public at each school district's offices. Each	25983
district board of education shall make copies of each report	25984
available to any person upon request and payment of a reasonable	25985
fee for the cost of reproducing the report. The board shall	25986
annually publish in a newspaper of general circulation in the	25987
school district, at least twice during the two weeks prior to the	25988
week in which the reports will first be available, a notice	25989
containing the address where the reports are available and the	25990
date on which the reports will be available.	25991

(I) Any data that is collected or maintained pursuant to this	25992
section and that identifies an individual pupil is not a public	25993
record for the purposes of section 149.43 of the Revised Code.	25994

(J) As used in this section:

25995

(1) "School district" means any city, local, exempted	25996
village, or joint vocational school district.	25997

(2) "Cost" means any expenditure for operating expenses made	25998
by a school district excluding any expenditures for debt	25999
retirement except for payments made to any commercial lending	26000
institution for any loan approved pursuant to section 3313.483 of	26001
the Revised Code.	26002

(K) Any person who removes data from the information system	26003
established under this section for the purpose of releasing it to	26004
any person not entitled under law to have access to such	26005
information is subject to section 2913.42 of the Revised Code	26006
prohibiting tampering with data.	26007

(L) Any time the department of education determines that a	26008
school district has taken any of the actions described under	26009
division (L)(1), (2), or (3) of this section, it shall make a	26010
report of the actions of the district, send a copy of the report	26011
to the superintendent of such school district, and maintain a copy	26012
of the report in its files:	26013

(1) The school district fails to meet any deadline	26014
established pursuant to this section for the reporting of any data	26015
to the education management information system;	26016

(2) The school district fails to meet any deadline	26017
established pursuant to this section for the correction of any	26018
data reported to the education management information system;	26019

(3) The school district reports data to the education	26020
management information system in a condition, as determined by the	26021
department, that indicates that the district did not make a good	26022
faith effort in reporting the data to the system.	26023

Any report made under this division shall include	26024
recommendations for corrective action by the school district.	26025

Upon making a report for the first time in a fiscal year, the	26026
department shall withhold ten per cent of the total amount due	26027
during that fiscal year under Chapter 3317. of the Revised Code to	26028
the school district to which the report applies. Upon making a	26029
second report in a fiscal year, the department shall withhold an	26030
additional twenty per cent of such total amount due during that	26031
fiscal year to the school district to which the report applies.	26032
The department shall not release such funds unless it determines	26033
that the district has taken corrective action. However, no such	26034
release of funds shall occur if the district fails to take	26035
corrective action within forty-five days of the date upon which	26036
the report was made by the department.	26037

(M) ~~The department of education, after consultation with the~~	26038
~~Ohio education computer network, may provide at no cost to school~~	26039
~~districts uniform computer software for use in reporting data to~~	26040
~~the education management information system, provided that no~~	26041
~~school district shall be required to utilize such software to~~	26042
~~report data to the education management information system if such~~	26043
~~district is so reporting data in an accurate, complete, and timely~~	26044
~~manner in a format compatible with that required by the education~~	26045
~~management information system~~No data acquisition site or school	26046
district shall acquire, change, or update its student	26047
administration software package to manage and report data required	26048
to be reported to the department unless it converts to a student	26049
software package that is certified by the department.	26050

(N) The state board of education, in accordance with sections	26051
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a	26052
license as defined under division (A) of section 3319.31 of the	26053
Revised Code that has been issued to any school district employee	26054
found to have willfully reported erroneous, inaccurate, or	26055
incomplete data to the education management information system.	26056

(O) No person shall release or maintain any information about	26057
any student in violation of this section. Whoever violates this	26058
division is guilty of a misdemeanor of the fourth degree.	26059

(P) The department shall disaggregate the data collected	26060
under division (B)(1)(o) of this section according to the race and	26061
socioeconomic status of the students assessed. No data collected	26062
under that division shall be included on the report cards required	26063
by section 3302.03 of the Revised Code.	26064

(Q) If the department cannot compile any of the information	26065
required by division (D)(5) of section 3302.03 of the Revised Code	26066
based upon the data collected under this section, the department	26067
shall develop a plan and a reasonable timeline for the collection	26068
of any data necessary to comply with that division.	26069

Sec. 3301.31. As used in this section and sections 3301.32	26070
to 3301.38 of the Revised Code:	26071

(A) "Eligible individual" means an individual eligible for	26072
Title IV-A services under a head start program.	26073

(B) "Head start agency" means any or all of the following:

26074

(1) An entity in this state that has been approved to be an	26075
agency for purposes of the "Head Start Act," 95 Stat. 489 (1981),	26076
42 U.S.C. 9831, as amended;	26077

(2) A Title IV-A head start agency;

26078

(3) A Title IV-A head start plus agency.

26079

(C) "Head start program" has the same meaning as in section	26080
5104.01 of the Revised Code.	26081

(D) "Title IV-A services" means benefits and services that	26082
are allowable under Title IV-A of the "Social Security Act," as	26083
specified in 42 U.S.C.A 604(a), except that they shall not be	26084
benefits and services included in the term "assistance" as defined	26085
in 45 C.F.R. 260.31(a) and shall be benefits and services that are	26086
excluded from the definition of the term "assistance" under 45	26087
C.F.R. 260.31(b).	26088

(E) "Title IV-A head start agency" means an agency receiving	26089
funds to operate a head start program as prescribed in section	26090
3301.34 of the Revised Code.	26091

(F) "Title IV-A head start plus agency" means an agency	26092
receiving funds to operate a head start program as prescribed in	26093
section 3301.35 of the Revised Code.	26094

Sec. 3301.33. (A) There is hereby established the Title IV-A	26095
head start program to provide head start program services to	26096
eligible individuals.	26097

(B) In accordance with the interagency agreement described in	26098
division (C) of this section, there is hereby established the	26099
Title IV-A head start plus program to provide year-long head start	26100
program services and child care services to eligible individuals.	26101

(C) The programs established under divisions (A) and (B) of	26102
this section shall be administered by the department of education	26103
in accordance with an interagency agreement entered into with the	26104
department of job and family services under section 5101.801 of	26105
the Revised Code. This interagency agreement shall establish the	26106
implementation date of the Title IV-A head start plus program,	26107
which is July 1, 2004. The programs shall provide Title IV-A	26108
services to eligible individuals who meet eligibility requirements	26109
established in rules and administrative orders adopted by the	26110
department of job and family services under Chapter 5104. of the	26111
Revised Code. The department of job and family services and the	26112
department of education jointly shall adopt policies and	26113
procedures establishing program requirements for eligibility,	26114
services, program administration, fiscal accountability, and other	26115
criteria necessary to comply with the provisions of Title IV-A of	26116
the "Social Security Act," 110 Stat. 2113, 42 U.S.C. 601 (1996),	26117
as amended.	26118

The department of education shall be responsible for	26119
approving through an application process all Title IV-A head start	26120
agencies and Title IV-A head start plus agencies for provision of	26121
services under the programs established under this section. An	26122
agency that is not approved by the department shall not be	26123
reimbursed for the cost of providing services under the programs.	26124

Sec. 3301.34. In administering the Title IV-A head start	26125
program established under division (A) of section 3301.33 of the	26126
Revised Code, the department of education shall enter into a	26127
contract with each Title IV-A head start agency establishing the	26128
terms and conditions applicable to the provision of Title IV-A	26129
services for eligible individuals. The contracts shall specify the	26130
respective duties of the Title IV-A head start agencies and the	26131
department of education, reporting requirements, eligibility	26132
requirements, reimbursement methodology, audit requirements, and	26133
other provisions determined necessary in accordance with section	26134
3301.38 of the Revised Code. The department of education shall	26135
reimburse the Title IV-A head start agencies for Title IV-A	26136
services provided to individuals determined eligible for Title	26137
IV-A services by the county department of job and family services	26138
in accordance with the terms of the contract, policies and	26139
procedures adopted by the department of education and the	26140
department of job and family services under section 3301.33 of the	26141
Revised Code, and the interagency agreement entered into by the	26142
departments.	26143

The department of education shall ensure that all	26144
reimbursements paid to a Title IV-A head start agency are only for	26145
Title IV-A services.	26146

The department of education shall ensure that all	26147
reimbursements paid to a Title IV-A head start agency are for only	26148
those individuals determined eligible for Title IV-A services by	26149
the appropriate county department of job and family services, as	26150
provided for in section 3301.36 of the Revised Code.	26151

Sec. 3301.35. (A) In administering the Title IV-A head start	26152
plus program established under division (B) of section 3301.33,	26153
the department of education shall enter into a contract with each	26154
Title IV-A head start plus agency under which the department shall	26155
reimburse the agency for allowable expenses in connection to	26156
services provided to eligible individuals.	26157

(B) Each county department of job and family services shall	26158
assist the department of education in administering the program	26159
within its respective county in accordance with requirements	26160
established by the state department of job and family services	26161
under section 5101.801 of the Revised Code. The county department	26162
shall ensure that all reimbursements paid to a Title IV-A head	26163
start plus agency are for only Title IV-A services.	26164

The administration of the Title IV-A head start plus program	26165
by the county department shall solely consist of determining	26166
eligibility of individuals and establishing co-payment	26167
requirements in accordance with rules adopted by the state	26168
department of job and family services.	26169

(C) The department of education shall enter into contracts	26170
with only those agencies that have been approved by the department	26171
of education as a Title IV-A head start plus agency and that have	26172
been licensed in accordance with section 3301.37 of the Revised	26173
Code. Each contract entered into under this division shall specify	26174
all of the following:	26175

(1) Requirements applicable to the allowable use of and	26176
accountability for Title IV-A funds;	26177

(2) Requirements for access, inspection, and examination of	26178
the agency's financial and program records by the county	26179
department, the state department of job and family services, the	26180
department of education, the auditor of state, and any other state	26181
or federal agency with authority to inspect and examine such	26182
records;	26183

(3) Applicable audit requirements applicable to funds	26184
received under the contract;	26185

(4) Reporting requirements by and for the county department,	26186
the state department of job and family services, and the	26187
department of education;	26188

(5) Provisions for the department of education to suspend,	26189
modify, or terminate the contract if the department of education	26190
suspends or removes the agency from the list of approved Title	26191
IV-A head start plus agencies or if the state department of job	26192
and family services denies or revokes a license for the agency.	26193

Sec. 3301.36. Each county department of job and family	26194
services shall determine eligibility for Title IV-A services for	26195
individuals seeking Title IV-A services from a Title IV-A head	26196
start agency or Title IV-A head start plus agency.	26197

Sec. 3301.37. (A) Each entity operating a head start program	26198
shall be licensed or certified by the department of job and family	26199
services in accordance with Chapter 5104. of the Revised Code.	26200

(B) Notwithstanding division (A) of this section, any current	26201
license issued under section 3301.58 of the Revised Code by the	26202
department of education to an entity operating a head start	26203
program prior to the effective date of this section is hereby	26204
deemed to be a license issued by the department of job and family	26205
services under Chapter 5104. of the Revised Code. The expiration	26206
date of the license shall be the earlier of the expiration date	26207
specified in the license as issued under section 3301.58 of the	26208
Revised Code or September 1, 2005. In order to continue operation	26209
of its head start program after that expiration date, the entity	26210
shall obtain a license as prescribed in division (A) of this	26211
section.	26212

Sec. 3301.38. (A) The department of education shall adopt	26213
policies and procedures for the approval, suspension, and removal	26214
of Title IV-A head start and Title IV-A head start plus agencies	26215
from the approved list of providers.	26216

(B) If a head start program that received state funding prior	26217
to July 1, 2001, waives its right to state funding or has its	26218
state funding eliminated for not meeting financial standards or	26219
program performance standards, the grantee or delegates shall	26220
transfer control of title to property, equipment, and remaining	26221
supplies purchased with state funds to the department along with	26222
any reports prescribed by the department.	26223

(C) Title IV-A head start allocations shall be distributed on	26224
a per-pupil basis, which the department may adjust so that the per	26225
pupil amount multiplied by the number of eligible children	26226
enrolled and receiving services, as defined by the department of	26227
education, reported on the first day of December or the first	26228
business day following that date equals the amount allocated.	26229

(D) The department of education shall prescribe the	26230
assessment instrument and determine target levels for critical	26231
performance indicators for the purpose of assessing Title IV-A	26232
head start and Title IV-A head start plus agencies. Onsite reviews	26233
and follow-up visits shall be based on progress in meeting the	26234
prescribed target levels.	26235

(E) The department of education shall require Title IV-A head	26236
start and Title IV-A head start plus agencies to:	26237

(1) Address federal head start education and assessment	26238
performance standards, as required by 45 C.F.R. 1304.20 to 1304.41	26239
and the Ohio department of education pre-kindergarten math and	26240
literacy content standards;	26241

(2) Comply with the department of education prescribed	26242
assessment requirements that are aligned with the assessment	26243
system for kindergarten through twelfth grade;	26244

(3) Comply with federal head start performance standards for	26245
comprehensive services in health, nutrition, mental health, family	26246
partnership, and social services as required by 45 C.F.R. 1304.20	26247
to 1304.41;	26248

(4) Require teachers to attend a minimum of twenty hours of	26249
professional development as prescribed by the department of	26250
education regarding the implementation of content standards and	26251
assessment; and	26252

(5) Document and report child progress using research-based	26253
indicators as prescribed by the department.	26254

(F) Costs for developing and administering a Title IV-A head	26255
start or Title IV-A head start plus program may not exceed fifteen	26256
percent of the total approved costs of the program.	26257

(G) In consultation with the department of job and family	26258
services, the department of education shall establish program	26259
requirements for Title IV-A head start and Title IV-A head start	26260
plus agencies.	26261

(H) The department of education may examine the financial and	26262
program records of Title IV-A head start agencies and Title IV-A	26263
head start plus agencies. The department of education shall	26264
monitor these agencies to ensure that all Title IV-A funds are	26265
used solely for purposes allowable under federal regulations,	26266
section 5101.801 of the Revised Code, and the Title IV-A state	26267
plan and shall take prompt action to recover funds that are not	26268
expended accordingly. The department of job and family services	26269
may examine the financial records of Title IV-A head start	26270
agencies and Title IV-A head start plus agencies.	26271

(I)(1) A Title IV-A head start agency or Title IV-A head	26272
start plus agency shall propose and implement a corrective action	26273
plan that has been approved by the department of education when	26274
the department determines either of the following:	26275

(a) The financial practices of the Title IV-A head start	26276
agency or Title IV-A head start plus agency are not in accordance	26277
with standard accounting principles and federal requirements or do	26278
not meet financial standards required in the contract as specified	26279
under division (C) of section 3301.35 of the Revised Code;	26280

(b) The Title IV-A head start or Title IV-A head start plus	26281
agency fails to substantially meet the head start performance	26282
standards or exhibits below average performance as measured	26283
against the performance indicators.	26284

(2) The approved corrective action plan shall be signed by	26285
the appropriate official and agency governance body.	26286

(3) The corrective action plan shall include a schedule of	26287
monitoring by the department of education. This monitoring may	26288
include monthly reports, inspections, a timeline for correction of	26289
deficiencies, and technical assistance to be provided by the	26290
department or obtained by the Title IV-A head start agency or	26291
Title IV-A head start plus agency. The department may withhold	26292
funding to a Title IV-A head start agency or a Title IV-A head	26293
start plus agency.	26294

(4) If a Title IV-A head start agency or a Title IV-A head	26295
start plus agency fails to satisfactorily complete a corrective	26296
action, the department may suspend or terminate part or all of the	26297
funding to the agency and may remove the agency from the approved	26298
list.	26299

(J) The department shall provide technical assistance to	26300
Title IV-A head start agencies in administering Title IV-A head	26301
start programs and to Title IV-A head start plus agencies and	26302
child care partners in administering head start plus programs.	26303

~~Sec. 3301.33.~~ Sec. 3301.40. (A) As used in this section, "adult	26304
education" has the meaning as established under the "adult	26305
education act," 102 Stat. 302 (1988), 20 U.S.C. 1201a(2), as	26306
amended.	26307

(B) Beginning July 1, 1996, the department of education may	26308
distribute state funds to organizations that quality for federal	26309
funds under the "Adult Education Act," 102 Stat. 302 (1988), 20	26310
1201 to 1213d, as amended. The funds shall be used by qualifying	26311
organizations to provide adult education services. State funds	26312
distributed pursuant to this section shall be distributed in	26313
accordance with the rules adopted by the state board of education	26314
pursuant to this section.	26315

Each organization that receives funds under this section	26316
shall file program performance reports with the department. The	26317
reports shall be filed at times required by state board of	26318
education rule and contain assessments of individual students as	26319
they enter, progress through, and exit the adult education	26320
program; records regarding individual student program	26321
participation time; reports of individual student retention rates;	26322
and any other information required by rule.	26323

(C) The state board of education shall adopt rules for the	26324
distribution of funds under this section. The rules shall include	26325
the following:	26326

(1) Requirements for program performance reports.

26327

(2) Indicators of adult education program quality, including	26328
indicators of learner achievement, program environment, program	26329
planning, curriculum and instruction, staff development, support	26330
services, and recruitment and retention.	26331

(3) A formula for the distribution of funds under this	26332
section. The formula shall include as a factor an organization's	26333
quantifiable success in meeting the indicators of program quality	26334
established pursuant to division (C)(2) of this section.	26335

(4) Standards and procedures for reducing or discontinuing	26336
funding to organizations that fail to meet the requirements of	26337
this section.	26338

(5) Any other requirements or standards considered	26339
appropriate by the board.	26340

Sec. 3301.52. As used in sections 3301.52 to 3301.59 of the	26341
Revised Code:	26342

(A) "Preschool program" means either of the following:

26343

(1) A child day-care program for preschool children that is	26344
operated by a school district board of education,or an eligible	26345
nonpublic school~~, a head start grantee, or a head start delegate~~	26346
~~agency~~.	26347

(2) A child day-care program for preschool children age three	26348
or older that is operated by a county MR/DD board.	26349

(B) "Preschool child" or "child" means a child who has not	26350
entered kindergarten and is not of compulsory school age.	26351

(C) "Parent, guardian, or custodian" means the person or	26352
government agency that is or will be responsible for a child's	26353
school attendance under section 3321.01 of the Revised Code.	26354

(D) "Superintendent" means the superintendent of a school	26355
district or the chief administrative officer of an eligible	26356
nonpublic school.	26357

(E) "Director" means the director, head teacher, elementary	26358
principal, or site administrator who is the individual on site and	26359
responsible for supervision of a preschool program.	26360

(F) "Preschool staff member" means a preschool employee whose	26361
primary responsibility is care, teaching, or supervision of	26362
preschool children.	26363

(G) "Nonteaching employee" means a preschool program or	26364
school child program employee whose primary responsibilities are	26365
duties other than care, teaching, and supervision of preschool	26366
children or school children.	26367

(H) "Eligible nonpublic school" means a nonpublic school	26368
chartered as described in division (B)(8) of section 5104.02 of	26369
the Revised Code or chartered by the state board of education for	26370
any combination of grades one through twelve, regardless of	26371
whether it also offers kindergarten.	26372

(I) "County MR/DD board" means a county board of mental	26373
retardation and developmental disabilities.	26374

(J) "School child program" means a child day-care program for	26375
only school children that is operated by a school district board	26376
of education, county MR/DD board, or eligible nonpublic school.	26377

(K) "School child" and "child day-care" have the same	26378
meanings as in section 5104.01 of the Revised Code.	26379

(L) "School child program staff member" means an employee	26380
whose primary responsibility is the care, teaching, or supervision	26381
of children in a school child program.	26382

~~(M) "Head start" means a program operated in accordance with~~	26383
~~subchapter II of the "Community Economic Development Act," 95~~	26384
~~Stat. 489 (1981), 42 U.S.C. 9831, and amendments thereto.~~	26385

Sec. 3301.53. (A) Not later than July 1, 1988, the state	26386
board of education, in consultation with the director of job and	26387
family services, shall formulate and prescribe by rule adopted	26388
under Chapter 119. of the Revised Code minimum standards to be	26389
applied to preschool programs operated by school district boards	26390
of education, county MR/DD boards, or eligible nonpublic schools,	26391
~~head start grantees, and head start delegate agencies~~. The rules	26392
shall include the following:	26393

(1) Standards ensuring that the preschool program is located	26394
in a safe and convenient facility that accommodates the enrollment	26395
of the program, is of the quality to support the growth and	26396
development of the children according to the program objectives,	26397
and meets the requirements of section 3301.55 of the Revised Code;	26398

(2) Standards ensuring that supervision, discipline, and	26399
programs will be administered according to established objectives	26400
and procedures;	26401

(3) Standards ensuring that preschool staff members and	26402
nonteaching employees are recruited, employed, assigned,	26403
evaluated, and provided inservice education without discrimination	26404
on the basis of age, color, national origin, race, or sex; and	26405
that preschool staff members and nonteaching employees are	26406
assigned responsibilities in accordance with written position	26407
descriptions commensurate with their training and experience;	26408

(4) A requirement that boards of education intending to	26409
establish a preschool program on or after March 17, 1989,	26410
demonstrate a need for a preschool program that is not being met	26411
by any existing program providing child day-care, prior to	26412
establishing the program;	26413

(5) Requirements that children participating in preschool	26414
programs have been immunized to the extent considered appropriate	26415
by the state board to prevent the spread of communicable disease;	26416

(6) Requirements that the parents of preschool children	26417
complete the emergency medical authorization form specified in	26418
section 3313.712 of the Revised Code.	26419

(B) The state board of education in consultation with the	26420
director of job and family services shall ensure that the rules	26421
adopted by the state board under sections 3301.52 to 3301.58 of	26422
the Revised Code are consistent with and meet or exceed the	26423
requirements of Chapter 5104. of the Revised Code with regard to	26424
child day-care centers. The state board and the director of job	26425
and family services shall review all such rules at least once	26426
every five years.	26427

(C) On or before January 1, 1992, the state board of	26428
education, in consultation with the director of job and family	26429
services, shall adopt rules for school child programs that are	26430
consistent with and meet or exceed the requirements of the rules	26431
adopted for school child day-care centers under Chapter 5104. of	26432
the Revised Code.	26433

Sec. 3301.54. (A)(1) Each preschool program shall be	26434
directed and supervised by a director, a head teacher, an	26435
elementary principal, or a site administrator who is on site and	26436
responsible for supervision of the program. Except as otherwise	26437
provided in division (A)(2), (3), or (4) of this section, this	26438
person shall hold a valid educator license designated as	26439
appropriate for teaching or being an administrator in a preschool	26440
setting issued pursuant to section 3319.22 of the Revised Code and	26441
have completed at least four courses in child development or early	26442
childhood education from an accredited college, university, or	26443
technical college.	26444

(2) If the person was employed prior to July 1, 1988, by a	26445
school district board of education or an eligible nonpublic school	26446
to direct a preschool program, the person shall be considered to	26447
meet the requirements of this section if the person holds a valid	26448
kindergarten-primary certificate described under former division	26449
(A) of section 3319.22 of the Revised Code as it existed on	26450
January 1, 1996.	26451

(3) If the person is employed to direct a preschool program	26452
operated by an eligible, nontax-supported, nonpublic school, the	26453
person shall be considered to meet the requirements of this	26454
section if the person holds a valid teaching certificate issued in	26455
accordance with section 3301.071 of the Revised Code.	26456

~~(4) If the person is a site administrator for a head start~~	26457
~~grantee or head start delegate agency, the person shall be~~	26458
~~considered to meet the requirements of this section if the person~~	26459
~~provides evidence that the person has attained at least a high~~	26460
~~school diploma or certification of high school equivalency issued~~	26461
~~by the state board of education or a comparable agency of another~~	26462
~~state, and that the person meets at least one of the following~~	26463
~~requirements:~~	26464

~~(a) Two years of experience working as a child-care staff~~	26465
~~member in a child day-care center or preschool program and at~~	26466
~~least four courses in child development or early childhood~~	26467
~~education from an accredited college, university, or technical~~	26468
~~college, except that a person who has two years of experience~~	26469
~~working as a child-care staff member in a particular day-care~~	26470
~~center or preschool program and who has been promoted to or~~	26471
~~designated director shall have one year from the time the person~~	26472
~~was promoted or designated to complete the required four courses;~~	26473

~~(b) Two years of training in an accredited college,~~	26474
~~university, or technical college that includes at least four~~	26475
~~courses in child development or early childhood education;~~	26476

~~(c) A child development associate credential issued by the~~	26477
~~national child development associate credentialing commission;~~	26478

~~(d) An associate or higher degree in child development or~~	26479
~~early childhood education from an accredited college, university,~~	26480
~~or technical college.~~	26481

(B) Each preschool staff member shall be at least eighteen	26482
years of age and have a high school diploma or a certification of	26483
high school equivalency issued by the state board of education or	26484
a comparable agency of another state, except that a staff member	26485
may be less than eighteen years of age if the staff member is a	26486
graduate of a two-year vocational child-care training program	26487
approved by the state board of education, or is a student enrolled	26488
in the second year of such a program that leads to high school	26489
graduation, provided that the student performs duties in the	26490
preschool program under the continuous supervision of an	26491
experienced preschool staff member and receives periodic	26492
supervision from the vocational child-care training program	26493
teacher-coordinator in the student's high school.	26494

A preschool staff member shall annually complete fifteen	26495
hours of inservice training in child development or early	26496
childhood education, child abuse recognition and prevention, and	26497
first aid, and in the prevention, recognition, and management of	26498
communicable diseases, until a total of forty-five hours has been	26499
completed, unless the staff member holds an associate or higher	26500
degree in child development or early childhood education from an	26501
accredited college, university, or technical college, or any type	26502
of educator license designated as appropriate for teaching in an	26503
associate teaching position in a preschool setting issued by the	26504
state board of education pursuant to section 3319.22 of the	26505
Revised Code.	26506

Sec. 3301.55. (A) A school district, county MR/DD board, or	26507
eligible nonpublic school~~, head start grantee, or head start~~	26508
~~delegate agency~~ operating a preschool program shall house the	26509
program in buildings that meet the following requirements:	26510

(1) The building is operated by the district, county MR/DD	26511
board, or eligible nonpublic school~~, head start grantee, or head~~	26512
~~start delegate agency~~ and has been approved by the division of	26513
industrial compliance in the department of commerce or a certified	26514
municipal, township, or county building department for the purpose	26515
of operating a program for preschool children. Any such structure	26516
shall be constructed, equipped, repaired, altered, and maintained	26517
in accordance with applicable provisions of Chapters 3781. and	26518
3791. and with rules adopted by the board of building standards	26519
under Chapter 3781. of the Revised Code for the safety and	26520
sanitation of structures erected for this purpose.	26521

(2) The building is in compliance with fire and safety laws	26522
and regulations as evidenced by reports of annual school fire and	26523
safety inspections as conducted by appropriate local authorities.	26524

(3) The school is in compliance with rules established by the	26525
state board of education regarding school food services.	26526

(4) The facility includes not less than thirty-five square	26527
feet of indoor space for each child in the program. Safe play	26528
space, including both indoor and outdoor play space, totaling not	26529
less than sixty square feet for each child using the space at any	26530
one time, shall be regularly available and scheduled for use.	26531

(5) First aid facilities and space for temporary placement or	26532
isolation of injured or ill children are provided.	26533

(B) Each school district, county MR/DD board, or eligible	26534
nonpublic school~~, head start grantee, or head start delegate~~	26535
~~agency~~ that operates, or proposes to operate, a preschool program	26536
shall submit a building plan including all information specified	26537
by the state board of education to the board not later than the	26538
first day of September of the school year in which the program is	26539
to be initiated. The board shall determine whether the buildings	26540
meet the requirements of this section and section 3301.53 of the	26541
Revised Code, and notify the superintendent of its determination.	26542
If the board determines, on the basis of the building plan or any	26543
other information, that the buildings do not meet those	26544
requirements, it shall cause the buildings to be inspected by the	26545
department of education. The department shall make a report to the	26546
superintendent specifying any aspects of the building that are not	26547
in compliance with the requirements of this section and section	26548
3301.53 of the Revised Code and the time period that will be	26549
allowed the district, county MR/DD board, or school~~, grantee, or~~	26550
~~agency~~ to meet the requirements.	26551

Sec. 3301.57. (A) For the purpose of improving programs,	26552
facilities, and implementation of the standards promulgated by the	26553
state board of education under section 3301.53 of the Revised	26554
Code, the state department of education shall provide consultation	26555
and technical assistance to school districts, county MR/DD boards,	26556
and eligible nonpublic schools~~, head start grantees, and head~~	26557
~~start delegate agencies~~ operating preschool programs or school	26558
child programs, and inservice training to preschool staff members,	26559
school child program staff members, and nonteaching employees.	26560

(B) The department and the school district board of	26561
education, county MR/DD board, or eligible nonpublic school~~, head~~	26562
~~start grantee, or head start delegate agency~~ shall jointly monitor	26563
each preschool program and each school child program.	26564

If the program receives any grant or other funding from the	26565
state or federal government, the department annually shall monitor	26566
all reports on attendance, financial support, and expenditures	26567
according to provisions for use of the funds.	26568

(C) ~~The department of job and family services and the~~	26569
~~department of education shall enter into a contract pursuant to~~	26570
~~which the department of education inspects preschool programs and~~	26571
~~school child programs in accordance with sections 3301.52 to~~	26572
~~3301.59 of the Revised Code, the rules adopted under those~~	26573
~~sections, and any applicable procedures in Chapter 5104. of the~~	26574
~~Revised Code and investigates any complaints filed pursuant to~~	26575
~~those sections or rules. The contract shall require the department~~	26576
~~of job and family services to pay the department of education for~~	26577
~~conducting the inspections and investigations an amount equal to~~	26578
~~the amount that the department of job and family services would~~	26579
~~expend conducting the same number of inspections and~~	26580
~~investigations with its employees under Chapter 5104. of the~~	26581
~~Revised Code.~~	26582

~~(D)~~ The department of education, at least twice during every	26583
twelve-month period of operation of a preschool program or a	26584
licensed school child program, shall inspect the program and	26585
provide a written inspection report to the superintendent of the	26586
school district, county MR/DD board, or eligible nonpublic school,	26587
~~head start grantee, or head start delegate agency~~. At least one	26588
inspection shall be unannounced, and all inspections may be	26589
unannounced. No person shall interfere with any inspection	26590
conducted pursuant to this division or to the rules adopted	26591
pursuant to sections 3301.52 to 3301.59 of the Revised Code.	26592

Upon receipt of any complaint that a preschool program or a	26593
licensed school child program is out of compliance with the	26594
requirements in sections 3301.52 to 3301.59 of the Revised Code or	26595
the rules adopted under those sections, the department shall	26596
investigate and may inspect the program.	26597

~~(E)~~(D) If a preschool program or a licensed school child	26598
program is determined to be out of compliance with the	26599
requirements of sections 3301.52 to 3301.59 of the Revised Code or	26600
the rules adopted under those sections, the department of	26601
education shall notify the appropriate superintendent, county	26602
MR/DD board, or eligible nonpublic school~~, head start grantee, or~~	26603
~~head start delegate agency~~ in writing regarding the nature of the	26604
violation, what must be done to correct the violation, and by what	26605
date the correction must be made. If the correction is not made by	26606
the date established by the department, it may commence action	26607
under Chapter 119. of the Revised Code to close the program or to	26608
revoke the license of the program. If a program does not comply	26609
with an order to cease operation issued in accordance with Chapter	26610
119. of the Revised Code, the department shall notify the attorney	26611
general, the prosecuting attorney of the county in which the	26612
program is located, or the city attorney, village solicitor, or	26613
other chief legal officer of the municipal corporation in which	26614
the program is located that the program is operating in violation	26615
of sections 3301.52 to 3301.59 of the Revised Code or the rules	26616
adopted under those sections and in violation of an order to cease	26617
operation issued in accordance with Chapter 119. of the Revised	26618
Code. Upon receipt of the notification, the attorney general,	26619
prosecuting attorney, city attorney, village solicitor, or other	26620
chief legal officer shall file a complaint in the court of common	26621
pleas of the county in which the program is located requesting the	26622
court to issue an order enjoining the program from operating. The	26623
court shall grant the requested injunctive relief upon a showing	26624
that the program named in the complaint is operating in violation	26625
of sections 3301.52 to 3301.59 of the Revised Code or the rules	26626
adopted under those sections and in violation of an order to cease	26627
operation issued in accordance with Chapter 119. of the Revised	26628
Code.	26629

~~(F)~~(E) The department of education shall prepare an annual	26630
report on inspections conducted under this section. The report	26631
shall include the number of inspections conducted, the number and	26632
types of violations found, and the steps taken to address the	26633
violations. The department shall file the report with the	26634
governor, the president and minority leader of the senate, and the	26635
speaker and minority leader of the house of representatives on or	26636
before the first day of January of each year, beginning in 1999.	26637

Sec. 3301.58. (A) The department of education is responsible	26638
for the licensing of preschool programs and school child programs	26639
and for the enforcement of sections 3301.52 to 3301.59 of the	26640
Revised Code and of any rules adopted under those sections. No	26641
school district board of education, county MR/DD board, or	26642
eligible nonpublic school~~, head start grantee, or head start~~	26643
~~delegate agency~~ shall operate, establish, manage, conduct, or	26644
maintain a preschool program without a license issued under this	26645
section. A school district board of education, county MR/DD board,	26646
or eligible nonpublic school may obtain a license under this	26647
section for a school child program. The school district board of	26648
education, county MR/DD board, or eligible nonpublic school~~, head~~	26649
~~start grantee, or head start delegate agency~~ shall post the	26650
current license for each preschool program and licensed school	26651
child program it operates, establishes, manages, conducts, or	26652
maintains in a conspicuous place in the preschool program or	26653
licensed school child program that is accessible to parents,	26654
custodians, or guardians and employees and staff members of the	26655
program at all times when the program is in operation.	26656

(B) Any school district board of education, county MR/DD	26657
board, or eligible nonpublic school~~, head start grantee, or head~~	26658
~~start delegate agency~~ that desires to operate, establish, manage,	26659
conduct, or maintain a preschool program shall apply to the	26660
department of education for a license on a form that the	26661
department shall prescribe by rule. Any school district board of	26662
education, county MR/DD board, or eligible nonpublic school that	26663
desires to obtain a license for a school child program shall apply	26664
to the department for a license on a form that the department	26665
shall prescribe by rule. The department shall provide at no charge	26666
to each applicant for a license under this section a copy of the	26667
requirements under sections 3301.52 to 3301.59 of the Revised Code	26668
and any rules adopted under those sections. The department shall	26669
mail application forms for the renewal of a license at least one	26670
hundred twenty days prior to the date of the expiration of the	26671
license, and the application for renewal of a license shall be	26672
filed with the department at least sixty days before the date of	26673
the expiration of the existing license. The department may	26674
establish application fees by rule adopted under Chapter 119. of	26675
the Revised Code, and all applicants for a license shall pay any	26676
fee established by the department at the time of making an	26677
application for a license. All fees collected pursuant to this	26678
section shall be paid into the state treasury to the credit of the	26679
general revenue fund.	26680

(C) Upon the filing of an application for a license, the	26681
department of education shall investigate and inspect the	26682
preschool program or school child program to determine the license	26683
capacity for each age category of children of the program and to	26684
determine whether the program complies with sections 3301.52 to	26685
3301.59 of the Revised Code and any rules adopted under those	26686
sections. When, after investigation and inspection, the department	26687
of education is satisfied that sections 3301.52 to 3301.59 of the	26688
Revised Code and any rules adopted under those sections are	26689
complied with by the applicant, the department of education shall	26690
issue the program a provisional license as soon as practicable in	26691
the form and manner prescribed by the rules of the department. The	26692
provisional license shall be valid for six months from the date of	26693
issuance unless revoked.	26694

(D) The department of education shall investigate and inspect	26695
a preschool program or school child program that has been issued a	26696
provisional license at least once during operation under the	26697
provisional license. If, after the investigation and inspection,	26698
the department of education determines that the requirements of	26699
sections 3301.52 to 3301.59 of the Revised Code and any rules	26700
adopted under those sections are met by the provisional licensee,	26701
the department of education shall issue a license that is	26702
effective for two years from the date of the issuance of the	26703
provisional license.	26704

(E) Upon the filing of an application for the renewal of a	26705
license by a preschool program or school child program, the	26706
department of education shall investigate and inspect the	26707
preschool program or school child program. If the department of	26708
education determines that the requirements of sections 3301.52 to	26709
3301.59 of the Revised Code and any rules adopted under those	26710
sections are met by the applicant, the department of education	26711
shall renew the license for two years from the date of the	26712
expiration date of the previous license.	26713

(F) The license or provisional license shall state the name	26714
of the school district board of education, county MR/DD board, or	26715
eligible nonpublic school~~, head start grantee, or head start~~	26716
~~delegate agency~~ that operates the preschool program or school	26717
child program and the license capacity of the program. The license	26718
shall include any other information required by section 5104.03 of	26719
the Revised Code for the license of a child day-care center.	26720

(G) The department of education may revoke the license of any	26721
preschool program or school child program that is not in	26722
compliance with the requirements of sections 3301.52 to 3301.59 of	26723
the Revised Code and any rules adopted under those sections.	26724

(H) If the department of education revokes a license or	26725
refuses to renew a license to a program, the department shall not	26726
issue a license to the program within two years from the date of	26727
the revocation or refusal. All actions of the department with	26728
respect to licensing preschool programs and school child programs	26729
shall be in accordance with Chapter 119. of the Revised Code.	26730

Sec. 3301.68. There is hereby created the legislative	26731
committee on education oversight as a subcommittee of the	26732
legislative service commission. The committee shall consist of	26733
five members of the house of representatives appointed by the	26734
speaker of the house of representatives and five members of the	26735
senate appointed by the president of the senate. Not more than	26736
three of the members appointed from each house shall be members of	26737
the same political party. Members shall serve during the term of	26738
office to which they were elected.	26739

The committee, subject to the oversight and direction of the	26740
legislative service commission, shall direct the work of the	26741
legislative office of education oversight, which is hereby	26742
established. The committee may employ a staff director and such	26743
other staff as are necessary for the operation of the office, who	26744
shall be in the unclassified service of the state, and may	26745
contract for the services of whatever technical advisors are	26746
necessary for the committee and the office to carry out their	26747
duties.	26748

The chairperson and vice-chairperson of the legislative	26749
service commission shall fix the compensation of the director. The	26750
director, with the approval of the director of the legislative	26751
service commission, shall fix the compensation of other staff of	26752
the office in accordance with a salary schedule established by the	26753
director of the legislative service commission. Contracts for the	26754
services of necessary technical advisors shall be approved by the	26755
director of the legislative service commission.	26756

All expenses incurred by the committee or office shall be	26757
paid upon vouchers approved by the chairperson of the committee.	26758
The committee shall adopt rules for the conduct of its business	26759
and the election of officers, except that the office of	26760
chairperson of the committee shall alternate each general assembly	26761
between a member of the house of representatives selected by the	26762
speaker and a member of the senate selected by the president.	26763

The committee shall select, for the office to review and	26764
evaluate, education and school-related programs that receive state	26765
financial assistance in any form. The reviews and evaluations may	26766
include any of the following:	26767

(A) Assessment of the uses school districts and institutions	26768
of higher education make of state money they receive and	26769
determination of the extent to which such money improves school	26770
district or institutional performance in the areas for which the	26771
money was intended to be used;	26772

(B) Determination of whether an education program meets its	26773
intended goals, has adequate operating or administrative	26774
procedures and fiscal controls, encompasses only authorized	26775
activities, has any undesirable or unintended effects, and is	26776
efficiently managed;	26777

(C) Examination of various pilot programs developed and	26778
initiated in school districts and at state-assisted colleges and	26779
universities to determine whether such programs suggest	26780
innovative, effective ways to deal with problems that may exist in	26781
other school districts or state-assisted colleges or universities,	26782
and to assess the fiscal costs and likely impact of adopting such	26783
programs throughout the state or in other state-assisted colleges	26784
and universities.	26785

The committee shall report the results of each program review	26786
the office conducts to the general assembly.	26787

If the general assembly directs the legislative office of	26788
education oversight to submit a study to the general assembly by a	26789
particular date, the committee, upon a majority vote of its	26790
members, may modify the scope and due date of the study to	26791
accommodate the availability of data and resources.	26792

Sec. 3301.80. (A) There is hereby created the Ohio SchoolNet	26793
commission as an independent agency. The commission shall	26794
administer programs to provide financial and other assistance to	26795
school districts and other educational institutions for the	26796
acquisition and utilization of educational technology.	26797

The commission is a body corporate and politic, an agency of	26798
the state performing essential governmental functions of the	26799
state.	26800

(B)(1) The commission shall consist of ~~eleven~~thirteen	26801
members, ~~seven~~nine of whom are voting members. Of the voting	26802
members, one shall be appointed by the speaker of the house of	26803
representatives ~~and~~, one shall be appointed by the president of	26804
the senate, and two shall be appointed by the governor. The	26805
members appointed by the speaker of the house and the president of	26806
the senate shall not be members of the general assembly. The state	26807
superintendent of public instruction or a designee of the	26808
superintendent, the director of budget and management or a	26809
designee of the director, the director of administrative services	26810
or a designee of the director, the chairperson of the public	26811
utilities commission or a designee of the chairperson, and the	26812
director of the Ohio educational telecommunications network	26813
commission or a designee of the director shall serve on the	26814
commission as ex officio voting members. Of the nonvoting members,	26815
two shall be members of the house of representatives appointed by	26816
the speaker of the house and two shall be members of the senate	26817
appointed by the president of the senate. The members appointed	26818
from each house shall not be members of the same political party.	26819
The commission shall appoint officers from among its members.	26820

(2) The members shall serve without compensation. The voting	26821
members appointed by the speaker of the house of representatives	26822
~~and~~, the president of the senate, and the governor shall be	26823
reimbursed, pursuant to office of budget and management	26824
guidelines, for necessary expenses incurred in the performance of	26825
official duties.	26826

(3) The terms of office for the members appointed by the	26827
speaker of the house ~~and~~, the president of the senate, and the	26828
governor shall be for two years, with each term ending on the same	26829
day of the same month as did the term that it succeeds, except	26830
that the voting members so appointed may be removed at ~~anytime~~any	26831
time by their respective appointing authority. The members	26832
appointed by the speaker of the house ~~and~~, the president of the	26833
senate, and the governor may be reappointed. Any member appointed	26834
from the house of representatives or senate who ceases to be a	26835
member of the legislative house from which the member was	26836
appointed shall cease to be a member of the commission. Vacancies	26837
among appointed members shall be filled in the manner provided for	26838
original appointments. Any member appointed to fill a vacancy	26839
occurring prior to the expiration date of the term for which a	26840
predecessor was appointed shall hold office as a member for the	26841
remainder of that term. The members appointed by the speaker of	26842
the house ~~and~~, the president of the senate, and the governor shall	26843
continue in office subsequent to the expiration date of that	26844
member's term until a successor takes office or until a period of	26845
sixty days has elapsed, whichever occurs first.	26846

(C)(1) The commission shall be under the supervision of an	26847
executive director who shall be appointed by the commission. The	26848
executive director shall serve at the pleasure of the commission	26849
and shall direct commission employees in the administration of all	26850
programs for the provision of financial and other assistance to	26851
school districts and other educational institutions for the	26852
acquisition and utilization of educational technology.	26853

(2) The employees of the Ohio SchoolNet commission shall be	26854
placed in the unclassified service. The commission shall fix the	26855
compensation of the executive director. The executive director	26856
shall employ and fix the compensation for such employees as	26857
necessary to facilitate the activities and purposes of the	26858
commission. The employees shall serve at the pleasure of the	26859
executive director.	26860

(3) The employees of the Ohio SchoolNet commission shall be	26861
exempt from Chapter 4117. of the Revised Code and shall not be	26862
public employees as defined in section 4117.01 of the Revised	26863
Code.	26864

(D) The Ohio SchoolNet commission shall do all of the	26865
following:	26866

(1) Make grants to institutions and other organizations as	26867
prescribed by the general assembly for the provision of technical	26868
assistance, professional development, and other support services	26869
to enable school districts, community schools established under	26870
Chapter 3314. of the Revised Code, and other educational	26871
institutions to utilize educational technology;	26872

(2) Contract with the department of education, state	26873
institutions of higher education, private nonprofit institutions	26874
of higher education holding certificates of authorization under	26875
section 1713.02 of the Revised Code, and such other public or	26876
private entities as the executive director deems necessary for the	26877
administration and implementation of the programs under the	26878
commission's jurisdiction;	26879

(3) Establish a reporting system to which school districts,	26880
community schools established under Chapter 3314. of the Revised	26881
Code, and other educational institutions receiving financial	26882
assistance pursuant to this section for the acquisition of	26883
educational technology report information as to the manner in	26884
which such assistance was expended, the manner in which the	26885
equipment or services purchased with the assistance is being	26886
utilized, the results or outcome of this utilization, and other	26887
information as may be required by the commission;	26888

(4) Establish necessary guidelines governing purchasing and	26889
procurement by participants in programs administered by the	26890
commission that facilitate the timely and effective implementation	26891
of such programs;	26892

(5) Take into consideration the efficiency and cost savings	26893
of statewide procurement prior to allocating and releasing funds	26894
for any programs under its administration.	26895

(E)(1) The executive director shall implement policies and	26896
directives issued by the Ohio SchoolNet commission.	26897

(2) The Ohio SchoolNet commission may establish a systems	26898
support network to facilitate the timely implementation of the	26899
programs, projects, or activities for which it provides	26900
assistance.	26901

(3) Chapters 123., 124., 125., and 153., and sections 9.331,	26902
9.332, and 9.333 of the Revised Code do not apply to contracts,	26903
programs, projects, or activities of the Ohio SchoolNet	26904
commission.	26905

Sec. 3307.01. As used in this chapter:

26906

(A) "Employer" means the board of education, school district,	26907
governing authority of any community school established under	26908
Chapter 3314. of the Revised Code, college, university,	26909
institution, or other agency within the state by which a teacher	26910
is employed and paid.	26911

(B) "Teacher" means all of the following:

26912

(1) Any person paid from public funds and employed in the	26913
public schools of the state under any type of contract described	26914
in section 3319.08 of the Revised Code in a position for which the	26915
person is required to have a license issued pursuant to sections	26916
3319.22 to 3319.31 of the Revised Code;	26917

(2) Any person employed as a teacher by a community school	26918
pursuant to Chapter 3314. of the Revised Code;	26919

(3) Any person holding an internship certificate issued under	26920
section 3319.28 of the Revised Code and employed in a public	26921
school in this state;	26922

(4) Any person having a license issued pursuant to sections	26923
3319.22 to 3319.31 of the Revised Code and employed in a public	26924
school in this state in an educational position, as determined by	26925
the state board of education, under programs provided for by	26926
federal acts or regulations and financed in whole or in part from	26927
federal funds, but for which no licensure requirements for the	26928
position can be made under the provisions of such federal acts or	26929
regulations;	26930

(5) Any other teacher or faculty member employed in any	26931
school, college, university, institution, or other agency wholly	26932
controlled and managed, and supported in whole or in part, by the	26933
state or any political subdivision thereof, including Central	26934
state university, Cleveland state university, the university of	26935
Toledo, and the medical college of Ohio at Toledo;	26936

(6) The educational employees of the department of education,	26937
as determined by the state superintendent of public instruction.	26938

In all cases of doubt, the state teachers retirement board	26939
shall determine whether any person is a teacher, and its decision	26940
shall be final.	26941

"Teacher" does not include any academic or administrative	26942
employee of a public institution of higher education, as defined	26943
in section 3305.01 of the Revised Code, who participates in an	26944
alternative retirement plan established under Chapter 3305. of the	26945
Revised Code.	26946

(C) "Member" means any person included in the membership of	26947
the state teachers retirement system, which shall consist of all	26948
teachers and contributors as defined in divisions (B) and (D) of	26949
this section and all disability benefit recipients, as defined in	26950
section 3307.50 of the Revised Code. However, for purposes of this	26951
chapter, the following persons shall not be considered members:	26952

(1) A student, intern, or resident who is not a member while	26953
employed part-time by a school, college, or university at which	26954
the student, intern, or resident is regularly attending classes;	26955

(2) A person denied membership pursuant to section 3307.24 of	26956
the Revised Code;	26957

(3) An other system retirant, as defined in section 3307.35	26958
of the Revised Code, or a superannuate;	26959

(4) An individual employed in a program established pursuant	26960
to the "Job Training Partnership Act," 96 Stat. 1322 (1982), 29	26961
U.S.C.A. 1501.	26962

(D) "Contributor" means any person who has an account in the	26963
teachers' savings fund or defined contribution fund.	26964

(E) "Beneficiary" means any person eligible to receive, or in	26965
receipt of, a retirement allowance or other benefit provided by	26966
this chapter.	26967

(F) "Year" means the year beginning the first day of July and	26968
ending with the thirtieth day of June next following, except that	26969
for the purpose of determining final average salary under the plan	26970
described in sections 3307.50 to 3307.79 of the Revised Code,	26971
"year" may mean the contract year.	26972

(G) "Local district pension system" means any school teachers	26973
pension fund created in any school district of the state in	26974
accordance with the laws of the state prior to September 1, 1920.	26975

(H) "Employer contribution" means the amount paid by an	26976
employer, as determined by the employer rate, including the normal	26977
and deficiency rates, contributions, and funds wherever used in	26978
this chapter.	26979

(I) "Five years of service credit" means employment covered	26980
under this chapter and employment covered under a former	26981
retirement plan operated, recognized, or endorsed by a college,	26982
institute, university, or political subdivision of this state	26983
prior to coverage under this chapter.	26984

(J) "Actuary" means the actuarial consultant to the state	26985
teachers retirement board, who shall be either of the following:	26986

(1) A member of the American academy of actuaries;

26987

(2) A firm, partnership, or corporation of which at least one	26988
person is a member of the American academy of actuaries.	26989

(K) "Fiduciary" means a person who does any of the following:

26990

(1) Exercises any discretionary authority or control with	26991
respect to the management of the system, or with respect to the	26992
management or disposition of its assets;	26993

(2) Renders investment advice for a fee, direct or indirect,	26994
with respect to money or property of the system;	26995

(3) Has any discretionary authority or responsibility in the	26996
administration of the system.	26997

(L)(1) Except as provided in this division, "compensation"	26998
means all salary, wages, and other earnings paid to a teacher by	26999
reason of the teacher's employment, including compensation paid	27000
pursuant to a supplemental contract. The salary, wages, and other	27001
earnings shall be determined prior to determination of the amount	27002
required to be contributed to the teachers' savings fund or	27003
defined contribution fund under section 3307.26 of the Revised	27004
Code and without regard to whether any of the salary, wages, or	27005
other earnings are treated as deferred income for federal income	27006
tax purposes.	27007

(2) Compensation does not include any of the following:

27008

(a) Payments for accrued but unused sick leave or personal	27009
leave, including payments made under a plan established pursuant	27010
to section 124.39 of the Revised Code or any other plan	27011
established by the employer;	27012

(b) Payments made for accrued but unused vacation leave,	27013
including payments made pursuant to section 124.13 of the Revised	27014
Code or a plan established by the employer;	27015

(c) Payments made for vacation pay covering concurrent	27016
periods for which other salary, compensation, or benefits under	27017
this chapter are paid;	27018

(d) Amounts paid by the employer to provide life insurance,	27019
sickness, accident, endowment, health, medical, hospital, dental,	27020
or surgical coverage, or other insurance for the teacher or the	27021
teacher's family, or amounts paid by the employer to the teacher	27022
in lieu of providing the insurance;	27023

(e) Incidental benefits, including lodging, food, laundry,	27024
parking, or services furnished by the employer, use of the	27025
employer's property or equipment, and reimbursement for	27026
job-related expenses authorized by the employer, including moving	27027
and travel expenses and expenses related to professional	27028
development;	27029

(f) Payments made by the employer in exchange for a member's	27030
waiver of a right to receive any payment, amount, or benefit	27031
described in division (L)(2) of this section;	27032

(g) Payments by the employer for services not actually	27033
rendered;	27034

(h) Any amount paid by the employer as a retroactive increase	27035
in salary, wages, or other earnings, unless the increase is one of	27036
the following:	27037

(i) A retroactive increase paid to a member employed by a	27038
school district board of education in a position that requires a	27039
license designated for teaching and not designated for being an	27040
administrator issued under section 3319.22 of the Revised Code	27041
that is paid in accordance with uniform criteria applicable to all	27042
members employed by the board in positions requiring the licenses;	27043

(ii) A retroactive increase paid to a member employed by a	27044
school district board of education in a position that requires a	27045
license designated for being an administrator issued under section	27046
3319.22 of the Revised Code that is paid in accordance with	27047
uniform criteria applicable to all members employed by the board	27048
in positions requiring the licenses;	27049

(iii) A retroactive increase paid to a member employed by a	27050
school district board of education as a superintendent that is	27051
also paid as described in division (L)(2)(h)(i) of this section;	27052

(iv) A retroactive increase paid to a member employed by an	27053
employer other than a school district board of education in	27054
accordance with uniform criteria applicable to all members	27055
employed by the employer.	27056

(i) Payments made to or on behalf of a teacher that are in	27057
excess of the annual compensation that may be taken into account	27058
by the retirement system under division (a)(17) of section 401 of	27059
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	27060
401(a)(17), as amended. For a teacher who first establishes	27061
membership before July 1, 1996, the annual compensation that may	27062
be taken into account by the retirement system shall be determined	27063
under division (d)(3) of section 13212 of the "Omnibus Budget	27064
Reconciliation Act of 1993," Pub. L. No. 103-66, 107 Stat. 472.	27065

(j) Payments made under division (B), (C), or (E) of section	27066
5923.05 of the Revised Code, Section 4 of Substitute Senate Bill	27067
No. 3 of the 119th general assembly, Section 3 of Amended	27068
Substitute Senate Bill No. 164 of the 124th general assembly, or	27069
Amended Substitute House Bill No. 405 of the 124th general	27070
assembly;	27071

(k) Anything of value received by the teacher that is based	27072
on or attributable to retirement or an agreement to retire.	27073

(3) The retirement board shall determine by rule both of the	27074
following:	27075

(a) Whether particular forms of earnings are included in any	27076
of the categories enumerated in this division;	27077

(b) Whether any form of earnings not enumerated in this	27078
division is to be included in compensation.	27079

Decisions of the board made under this division shall be	27080
final.	27081

(M) "Superannuate" means both of the following:

27082

(1) A former teacher receiving from the system a retirement	27083
allowance under section 3307.58 or 3307.59 of the Revised Code;	27084

(2) A former teacher receiving a benefit from the system	27085
under a plan established under section 3307.81 of the Revised	27086
Code, except that "superannuate" does not include a former teacher	27087
who is receiving a benefit based on disability under a plan	27088
established under section 3307.81 of the Revised Code.	27089

For purposes of ~~section~~sections 3307.35 and 3307.353 of the	27090
Revised Code, "superannuate" also means a former teacher receiving	27091
from the system a combined service retirement benefit paid in	27092
accordance with section 3307.57 of the Revised Code, regardless of	27093
which retirement system is paying the benefit.	27094

Sec. 3307.35. (A) As used in this section and section	27095
3307.352 of the Revised Code, "other system retirant" means a	27096
member or former member of the public employees retirement system,	27097
Ohio police and fire pension fund, school employees retirement	27098
system, state highway patrol retirement system, or Cincinnati	27099
retirement system who is receiving age and service or commuted age	27100
and service retirement, or a disability benefit from a system of	27101
which the retirant is a member or former member.	27102

(B) ASubject to this section and section 3307.353 of the	27103
Revised Code, a superannuate or other system retirant may be	27104
employed as a teacher.	27105

(C) A superannuate or other system retirant employed in	27106
accordance with this section shall contribute to the state	27107
teachers retirement system in accordance with section 3307.26 of	27108
the Revised Code and the employer shall contribute in accordance	27109
with sections 3307.28 and 3307.31 of the Revised Code. Such	27110
contributions shall be received as specified in section 3307.14 of	27111
the Revised Code. A superannuate or other system retirant employed	27112
as a teacher is not a member of the state teachers retirement	27113
system, does not have any of the rights, privileges, or	27114
obligations of membership, except as provided in this section, and	27115
is not eligible to receive health, medical, hospital, or surgical	27116
benefits under section 3307.39 of the Revised Code for employment	27117
subject to this section.	27118

(D) The employer that employs a superannuate or other system	27119
retirant shall notify the state teachers retirement board of the	27120
employment not later than the end of the month in which the	27121
employment commences. Any overpayment of benefits to a	27122
superannuate by the retirement system resulting from an employer's	27123
failure to give timely notice may be charged to the employer and	27124
may be certified and deducted as provided in section 3307.31 of	27125
the Revised Code.	27126

(E) On receipt of notice from an employer that a person who	27127
is an other system retirant has been employed, the state teachers	27128
retirement system shall notify the state retirement system of	27129
which the other system retirant was a member of such employment.	27130

(F) A superannuate or other system retirant who has received	27131
an allowance or benefit for less than two months when employment	27132
subject to this section commences shall forfeit the allowance or	27133
benefit for any month the superannuate or retirant is employed	27134
prior to the expiration of such period. Contributions shall be	27135
made to the retirement system from the first day of such	27136
employment, but service and contributions for that period shall	27137
not be used in the calculation of any benefit payable to the	27138
superannuate or other system retirant, and those contributions	27139
shall be refunded on the superannuate's or retirant's death or	27140
termination of the employment. Contributions made on compensation	27141
earned after the expiration of such period shall be used in	27142
calculation of the benefit or payment due under section 3307.352	27143
of the Revised Code.	27144

(G) On receipt of notice from the Ohio police and fire	27145
pension fund, public employees retirement system, or school	27146
employees retirement system of the re-employment of a	27147
superannuate, the state teachers retirement system shall not pay,	27148
or if paid shall recover, the amount to be forfeited by the	27149
superannuate in accordance with section 145.38, 742.26, or	27150
3309.341 of the Revised Code.	27151

(H) If the disability benefit of an other system retirant	27152
employed under this section is terminated, the retirant shall	27153
become a member of the state teachers retirement system, effective	27154
on the first day of the month next following the termination, with	27155
all the rights, privileges, and obligations of membership. If such	27156
person, after the termination of the retirant's disability	27157
benefit, earns two years of service credit under this retirement	27158
system or under the public employees retirement system, Ohio	27159
police and fire pension fund, school employees retirement system,	27160
or state highway patrol retirement system, the retirant's prior	27161
contributions as an other system retirant under this section shall	27162
be included in the retirant's total service credit, as defined in	27163
section 3307.50 of the Revised Code, as a state teachers	27164
retirement system member, and the retirant shall forfeit all	27165
rights and benefits of this section. Not more than one year of	27166
credit may be given for any period of twelve months.	27167

(I) This section does not affect the receipt of benefits by	27168
or eligibility for benefits of any person who on August 20, 1976,	27169
was receiving a disability benefit or service retirement pension	27170
or allowance from a state or municipal retirement system in Ohio	27171
and was a member of any other state or municipal retirement system	27172
of this state.	27173

(J) The state teachers retirement board may make the	27174
necessary rules to carry into effect this section and to prevent	27175
the abuse of the rights and privileges thereunder.	27176

Sec. 3307.353. (A) This section applies in the case of a	27177
person who is or most recently has been employed by an employer in	27178
a position that is customarily filled by a vote of members of a	27179
board or commission.	27180

(B) A board or commission that proposes to continue the	27181
employment as a reemployed superannuate or rehire as a reemployed	27182
superannuate to the same position an individual described in	27183
division (A) of this section shall do both of the following in	27184
accordance with rules adopted under division (C) of this section:	27185

(1) Not less than sixty days before the employment as a	27186
reemployed superannuate is to begin, give public notice that the	27187
person is or will be retired and is seeking employment with the	27188
employer;	27189

(2) Between fifteen and thirty days before the employment as	27190
a reemployed superannuate is to begin and after complying with	27191
division (B)(1) of this section, hold a public meeting on the	27192
issue of the person being employed by the employer.	27193

The notice regarding division (B)(1) of this section shall	27194
include the time, date, and location at which the public meeting	27195
is to take place.	27196

(C) The state teachers retirement board shall adopt rules as	27197
necessary to implement this section.	27198

Sec. 3309.341. (A) As used in this section and section	27199
3309.344 of the Revised Code:	27200

(1) "SERS retirant" means any person who is receiving a	27201
retirement allowance from the school employees retirement system	27202
under section 3309.36, 3309.38, or 3309.381 of the Revised Code or	27203
any benefit paid under a plan established under section 3309.81 of	27204
the Revised Code.	27205

(2) "Other system retirant" means a member or former member	27206
of the public employees retirement system, Ohio police and fire	27207
pension fund, state teachers retirement system, state highway	27208
patrol retirement system, or Cincinnati retirement system who is	27209
receiving age and service or commuted age and service retirement,	27210
or a disability benefit from a system of which the retirant is a	27211
member or former member.	27212

(B)(1) AnSubject to this section and section 3309.345 of the	27213
Revised Code, an SERS retirant or other system retirant may be	27214
employed by a public employer. If so employed, the SERS retirant	27215
or other system retirant shall contribute to the school employees	27216
retirement system in accordance with section 3309.47 of the	27217
Revised Code, and the employer shall make contributions in	27218
accordance with section 3309.49 of the Revised Code.	27219

(2) An employer that employs an SERS retirant or other system	27220
retirant shall notify the retirement board of the employment not	27221
later than the end of the month in which the employment commences.	27222
On receipt of notice from an employer that a person who is an	27223
other system retirant has been employed, the school employees	27224
retirement system shall notify the state retirement system of	27225
which the other system retirant was a member of such employment.	27226

(C) An SERS retirant or other system retirant who has	27227
received a retirement allowance or disability benefit for less	27228
than two months when employment subject to this section commences	27229
shall forfeit the retirement allowance or disability benefit for	27230
any month the SERS retirant or other system retirant is employed	27231
prior to the expiration of the two-month period. Service and	27232
contributions for that period shall not be included in the	27233
calculation of any benefits payable to the SERS retirant or other	27234
system retirant, and those contributions shall be refunded on	27235
death or termination of the employment. Contributions made on	27236
compensation earned after the expiration of such period shall be	27237
used in the calculation of the benefit or payment due under	27238
section 3309.344 of the Revised Code.	27239

(D) On receipt of notice from the Ohio police and fire	27240
pension fund, public employees retirement system, or state	27241
teachers retirement system of the re-employment of an SERS	27242
retirant, the school employees retirement system shall not pay, or	27243
if paid shall recover, the amount to be forfeited by the SERS	27244
retirant in accordance with section 145.38, 742.26, or 3307.35 of	27245
the Revised Code.	27246

(E) An SERS retirant or other system retirant subject to this	27247
section is not a member of the school employees retirement system;	27248
does not have any of the rights, privileges, or obligations of	27249
membership, except as specified in this section; and is not	27250
eligible to receive health, medical, hospital, or surgical	27251
benefits under section 3309.69 of the Revised Code for employment	27252
subject to this section.	27253

(F) If the disability benefit of an other system retirant	27254
employed under this section is terminated, the retirant shall	27255
become a member of the school employees retirement system,	27256
effective on the first day of the month next following the	27257
termination, with all the rights, privileges, and obligations of	27258
membership. If the retirant, after the termination of the	27259
disability benefit, earns two years of service credit under this	27260
retirement system or under the public employees retirement system,	27261
Ohio police and fire pension fund, state teachers retirement	27262
system, or state highway patrol retirement system, the retirant's	27263
prior contributions as an other system retirant under this section	27264
shall be included in the retirant's total service credit as a	27265
school employees retirement system member, and the retirant shall	27266
forfeit all rights and benefits of this section. Not more than one	27267
year of credit may be given for any period of twelve months.	27268

(G) This section does not affect the receipt of benefits by	27269
or eligibility for benefits of any person who on August 29, 1976,	27270
was receiving a disability benefit or service retirement pension	27271
or allowance from a state or municipal retirement system in Ohio	27272
and was a member of any other state or municipal retirement system	27273
of this state.	27274

(H) The school employees retirement board may adopt rules to	27275
carry out this section.	27276

Sec. 3309.345. (A) This section applies in the case of a	27277
person who is or most recently has been employed by an employer in	27278
a position that is customarily filled by a vote of members of a	27279
board or commission.	27280

(B) A board or commission that proposes to continue the	27281
employment as a reemployed retirant or rehire as a reemployed	27282
retirant to the same position an individual described in division	27283
(A) of this section shall do both of the following in accordance	27284
with rules adopted under division (C) of this section:	27285

(1) Not less than sixty days before the employment as a	27286
reemployed retirant is to begin, give public notice that the	27287
person is or will be retired and is seeking employment with the	27288
employer;	27289

(2) Between fifteen and thirty days before the employment as	27290
a reemployed retirant is to begin and after complying with	27291
division (B)(1) of this section, hold a public meeting on the	27292
issue of the person being employed by the employer.	27293

The notice regarding division (B)(1) of this section shall	27294
include the time, date, and location at which the public meeting	27295
is to take place.	27296

(C) The school employees retirement board shall adopt rules	27297
as necessary to implement this section.	27298

Sec. 3311.05. (A) The territory within the territorial	27299
limits of a county, or the territory included in a district formed	27300
under either section 3311.053 or 3311.059 of the Revised Code,	27301
exclusive of the territory embraced in any city school district or	27302
exempted village school district, and excluding the territory	27303
detached therefrom for school purposes and including the territory	27304
attached thereto for school purposes constitutes an educational	27305
service center.	27306

(B) A county school financing district created under section	27307
3311.50 of the Revised Code is not the school district described	27308
in division (A) of this section or any other school district but	27309
is a taxing district.	27310

Sec. 3311.059. The procedure prescribed in this section may	27311
be used in lieu of a transfer prescribed under section 3311.231 of	27312
the Revised Code.	27313

(A) Subject to divisions (B) and (C) of this section, a board	27314
of education of a local school district may by a resolution	27315
approved by a majority of all its members propose to sever that	27316
local school district from the territory of the educational	27317
service center in which the local school district is currently	27318
included and to instead annex the local school district to the	27319
territory of another educational service center, the current	27320
territory of which is adjacent to the territory of the educational	27321
service center in which the local school district is currently	27322
included. The resolution shall promptly be filed with the	27323
governing board of each educational service center affected by the	27324
resolution and with the superintendent of public instruction.	27325

(B) The resolution adopted under division (A) of this section	27326
shall not be effective unless it is approved by both the governing	27327
board of the educational service center to which the board of	27328
education proposes to annex the local school district and the	27329
state board of education. The severance of the local school	27330
district from one educational service center and its annexation to	27331
another educational service center under this section shall not be	27332
effective until one year after the first day of July following the	27333
later of the date that the governing board of the educational	27334
service center to which the local school district is proposed to	27335
be annexed approves the resolution or the date the board of	27336
elections certifies the results of the referendum election as	27337
provided in division (C) of this section.	27338

(C) Within sixty days following the date of the adoption of	27339
the resolution under division (A) of this section, the electors of	27340
the local school district may petition for a referendum vote on	27341
the resolution. The question whether to approve or disapprove the	27342
resolution shall be submitted to the electors of such school	27343
district if a number of qualified electors equal to twenty per	27344
cent of the number of electors in the school district who voted	27345
for the office of governor at the most recent general election for	27346
that office sign a petition asking that the question of whether	27347
the resolution shall be disapproved be submitted to the electors.	27348
The petition shall be filed with the board of elections of the	27349
county in which the school district is located. If the school	27350
district is located in more than one county, the petition shall be	27351
filed with the board of elections of the county in which the	27352
majority of the territory of the school district is located. The	27353
board shall certify the validity and sufficiency of the signatures	27354
on the petition.	27355

The board of elections shall immediately notify the board of	27356
education of the local school district and the governing board of	27357
each educational service center affected by the resolution that	27358
the petition has been filed.	27359

The effect of the resolution shall be stayed until the board	27360
of elections certifies the validity and sufficiency of the	27361
signatures on the petition. If the board of elections determines	27362
that the petition does not contain a sufficient number of valid	27363
signatures and sixty days have passed since the adoption of the	27364
resolution, the resolution shall become effective as provided in	27365
division (B) of this section.	27366

If the board of elections certifies that the petition	27367
contains a sufficient number of valid signatures, the board shall	27368
submit the question to the qualified electors of the school	27369
district on the day of the next general or primary election held	27370
at least seventy-five days after the board of elections certifies	27371
the validity and sufficiency of signatures on the petition. The	27372
election shall be conducted and canvassed and the results shall be	27373
certified in the same manner as in regular elections for the	27374
election of members of a board of education.	27375

If a majority of the electors voting on the question	27376
disapprove the resolution, the resolution shall not become	27377
effective. If a majority of the electors voting on the question	27378
approve the resolution, the resolution shall become effective as	27379
provided in division (B) of this section.	27380

(D) Upon the effective date of the severance of the local	27381
school district from one educational service center and its	27382
annexation to another educational service center as provided in	27383
division (B) of this section, the governing board of each	27384
educational service center shall take such steps for the election	27385
of members of the governing board and for organization of the	27386
governing board as prescribed in Chapter 3313. of the Revised	27387
Code.	27388

(E) If a school district is severed from one educational	27389
service center and annexed to another service center under this	27390
section, the board of education of that school district shall not	27391
propose a subsequent severance and annexation action under this	27392
section that would be effective sooner than five years after the	27393
effective date of the next previous severance and annexation	27394
action under this section.	27395

Sec. 3311.24. (A) Except as provided in division (B) of this	27396
section, if the board of education of a city, exempted village, or	27397
local school district deems it advisable to transfer territory	27398
from such district to an adjoining city, exempted village, or	27399
local school district, or if a petition, signed by seventy-five	27400
per cent of the qualified electors residing within that portion of	27401
a city, exempted village, or local school district proposed to be	27402
transferred voting at the last general election, requests such a	27403
transfer, the board of education of the district in which such	27404
proposal originates shall file such proposal, together with a map	27405
showing the boundaries of the territory proposed to be	27406
transferred, with the state board of education prior to the first	27407
day of April in any even-numbered year. The state board of	27408
education may, if it is advisable, provide for a hearing in any	27409
suitable place in any of the school districts affected by such	27410
proposed transfer of territory. The state board of education or	27411
its representatives shall preside at any such hearing.	27412

A board of education of a city, exempted village, or local	27413
school district that receives a petition of transfer under this	27414
division shall cause the board of elections to check the	27415
sufficiency of signatures on the petition.	27416

Not later than the first day of September the state board of	27417
education shall either approve or disapprove a proposed transfer	27418
of territory filed with it as provided by this section and shall	27419
notify, in writing, the boards of education of the districts	27420
affected by such proposed transfer of territory of its decision.	27421

If the decision of the state board of education is an	27422
approval of the proposed transfer of territory then the board of	27423
education of the district in which the territory is located shall,	27424
within thirty days after receiving the state board of education's	27425
decision, adopt a resolution transferring the territory and shall	27426
forthwith submit a copy of such resolution to the treasurer of the	27427
board of education of the city, exempted village, or local school	27428
district to which the territory is transferred. Such transfer	27429
shall not be complete however, until:	27430

(1) A resolution accepting the transfer has been passed by a	27431
majority vote of the full membership of the board of education of	27432
the city, exempted village, or local school district to which the	27433
territory is transferred;	27434

(2) An equitable division of the funds and indebtedness	27435
between the districts involved has been made by the board of	27436
education making the transfer;	27437

(3) A map showing the boundaries of the territory transferred	27438
has been filed, by the board of education accepting the transfer,	27439
with the county auditor of each county affected by the transfer.	27440

When such transfer is complete the legal title of the school	27441
property in the territory transferred shall be vested in the board	27442
of education or governing board of the school district to which	27443
the territory is transferred.	27444

(B) Whenever the transfer of territory pursuant to this	27445
section is initiated by a board of education, the board shall,	27446
before filing a proposal for transfer with the state board of	27447
education under this section, make a good faith effort to	27448
negotiate the terms of transfer with any other school district	27449
whose territory would be affected by the transfer. Before the	27450
state board may hold a hearing on the transfer, or approve or	27451
disapprove any such transfer, it must receive the following:	27452

(1) A resolution requesting approval of the transfer, passed	27453
by the school district submitting the proposal;	27454

(2) Evidence determined to be sufficient by the state board	27455
to show that good faith negotiations have taken place or that the	27456
district requesting the transfer has made a good faith effort to	27457
hold such negotiations;	27458

(3) If any negotiations took place, a statement signed by all	27459
boards that participated in the negotiations, listing the terms	27460
agreed on and the points on which no agreement could be reached.	27461

Negotiations held pursuant to this section shall be governed	27462
by the rules adopted by the state board under division (D) of	27463
section 3311.06 of the Revised Code. Districts involved in a	27464
transfer under division (B) of this section may agree to share	27465
revenues from the property included in the territory to be	27466
transferred, establish cooperative programs between the	27467
participating districts, and establish mechanisms for the	27468
settlement of any future boundary disputes.	27469

Sec. 3311.26. ~~A governing board of an educational service~~	27470
~~center~~The state board of education may, by resolution adopted by	27471
majority vote of its full membership, propose the creation of a	27472
new local school district from one or more local school districts	27473
or parts thereof, including the creation of a local district with	27474
noncontiguous territory from one or more local school districts if	27475
one of those districts has entered into an agreement under section	27476
3313.42 of the Revised Code. Such proposal shall include an	27477
accurate map showing the territory affected. After the adoption of	27478
the resolution, the ~~governing~~state board shall file a copy of	27479
such proposal with the board of education of each school district	27480
whose boundaries would be altered by such proposal.	27481

~~A governing board of a service center proposing~~Upon the	27482
creation of a new district under this section, the state board	27483
shall at its next regular meeting that occurs not earlier than	27484
thirty days after the adoption by the ~~governing~~state board of the	27485
resolution proposing such creation, adopt a resolution making the	27486
creation effective prior to the next succeeding first day of July,	27487
unless, prior to the expiration of such thirty-day period,	27488
qualified electors residing in the area included in such proposed	27489
new district, equal in number to thirty-five per cent of the	27490
qualified electors voting at the last general election, file a	27491
petition of referendum against the creation of the proposed new	27492
district.	27493

A petition of referendum filed under this section shall be	27494
filed at the office of the ~~educational service center~~state	27495
superintendent of public instruction. The person presenting the	27496
petition shall be given a receipt containing thereon the time of	27497
day, the date, and the purpose of the petition.	27498

If a petition of referendum is filed, the ~~governing~~state	27499
board shall, at the next regular meeting of the ~~governing~~state	27500
board, certify the proposal to the board of elections for the	27501
purpose of having the proposal placed on the ballot at the next	27502
general or primary election which occurs not less than	27503
seventy-five days after the date of such certification, or at a	27504
special election, the date of which shall be specified in the	27505
certification, which date shall not be less than seventy-five days	27506
after the date of such certification.	27507

Upon certification of a proposal to the board or boards of	27508
elections pursuant to this section, the board or boards of	27509
elections shall make the necessary arrangements for the submission	27510
of such question to the electors of the county or counties	27511
qualified to vote thereon, and the election shall be conducted and	27512
canvassed and the results shall be certified in the same manner as	27513
in regular elections for the election of members of a board of	27514
education.	27515

The persons qualified to vote upon a proposal are the	27516
electors residing in the proposed new districts.	27517

If the proposed district be approved by at least a majority	27518
of the electors voting on the proposal, the ~~governing~~state board	27519
shall then create such new district prior to the next succeeding	27520
first day of July~~, and shall so notify the state board of~~	27521
~~education~~.	27522

Upon the creation of such district, the indebtedness of each	27523
former district becoming in its entirety a part of the new	27524
district shall be assumed in full by the new district. Upon the	27525
creation of such district, that part of the net indebtedness of	27526
each former district becoming only in part a part of the new	27527
district shall be assumed by the new district which bears the same	27528
ratio to the entire net indebtedness of the former district as the	27529
assessed valuation of the part taken by the new district bears to	27530
the entire assessed valuation of the former district as fixed on	27531
the effective date of transfer. As used in this section, "net	27532
indebtedness" means the difference between the par value of the	27533
outstanding and unpaid bonds and notes of the school district and	27534
the amount held in the sinking fund and other indebtedness	27535
retirement funds for their redemption. Upon the creation of such	27536
district, the funds of each former district becoming in its	27537
entirety a part of the new district shall be paid over in full to	27538
the new district. Upon the creation of such district, the funds of	27539
each former district becoming only in part a part of the new	27540
district shall be divided equitably by the ~~governing~~state board	27541
between the new district and that part of the former district not	27542
included in the new district as such funds existed on the	27543
effective date of the creation of the new district.	27544

The ~~governing~~state board shall, following the election, file	27545
with the county auditor of each county affected by the creation of	27546
a new district an accurate map showing the boundaries of such	27547
newly created district.	27548

When a new local school district is so created ~~within an~~	27549
~~educational service center~~, a board of education for such newly	27550
created district shall be appointed by the ~~educational service~~	27551
~~center governing~~state board. The members of such appointed board	27552
of education shall hold their office until their successors are	27553
elected and qualified. A board of education shall be elected for	27554
such newly created district at the next general election held in	27555
an odd numbered year occurring more than thirty days after the	27556
appointment of the board of education of such newly created	27557
district. At such election two members shall be elected for a term	27558
of two years and three members shall be elected for a term of four	27559
years, and, thereafter, their successors shall be elected in the	27560
same manner and for the same terms as members of the board of	27561
education of a local school district.	27562

When the new district consists of territory lying in two or	27563
more counties, the state board shall determine to which	27564
educational service center the new district shall be assigned.	27565

The legal title of all property of the board of education in	27566
the territory taken shall become vested in the board of education	27567
of the newly created school district.	27568

Foundation program moneys accruing to a district created	27569
under the provisions of this section or previous section 3311.26	27570
of the Revised Code, shall not be less, in any year during the	27571
next succeeding three years following the creation, than the sum	27572
of the amounts received by the districts separately in the year in	27573
which the creation of the district became effective.	27574

If, prior to the effective date of this amendment, a local	27575
school district board of education or a group of individuals	27576
requests the governing board of an educational service center to	27577
consider proposing the creation of a new local school district,	27578
the governing board, at any time during the one-year period	27579
following the date that request is made, may adopt a resolution	27580
proposing the creation of a new local school district in response	27581
to that request and in accordance with the first paragraph of the	27582
version of this section in effect prior to the effective date of	27583
this amendment. If the governing board so proposes within that	27584
one-year period, the governing board may proceed to create the new	27585
local school district as it proposed, in accordance with the	27586
version of this section in effect prior to the effective date of	27587
this amendment, subject to the provisions of that version	27588
authorizing a petition and referendum on the matter.	27589

Consolidations of school districts which include all of the	27590
schools of a county and which become effective on or after July 1,	27591
1959, shall be governed and included under this section.	27592

Sec. 3313.843. (A) Notwithstanding division (D) of section	27593
3311.52 of the Revised Code, this section does not apply to either	27594
of the following:	27595

(1) Any cooperative education school district;

27596

(2) Any city or exempted village school district with a total	27597
student count of thirteen thousand or more determined pursuant to	27598
section 3317.03 of the Revised Code that has not entered into one	27599
or more agreements pursuant to this section prior to July 1, 1993,	27600
unless the district's total student count did not exceed thirteen	27601
thousand at the time it entered into an initial agreement under	27602
this section.	27603

(B) The board of education of a city or exempted village	27604
school district and the governing board of an educational service	27605
center with territory in a county in which the city or exempted	27606
village school district also has territory may enter into an	27607
agreement, through adoption of identical resolutions, under which	27608
the educational service center governing board will provide	27609
services to the city or exempted village school district.	27610

Services provided under the agreement shall be specified in	27611
the agreement, and may include any one or a combination of the	27612
following: supervisory teachers; in-service and continuing	27613
education programs for city or exempted village school district	27614
personnel; curriculum services as provided to the local school	27615
districts under the supervision of the service center governing	27616
board; research and development programs; academic instruction for	27617
which the governing board employs teachers pursuant to section	27618
3319.02 of the Revised Code; and assistance in the provision of	27619
special accommodations and classes for handicapped students.	27620
Services included in the agreement shall be provided to the city	27621
or exempted village district in the same manner they are provided	27622
to local school districts under the governing board's supervision,	27623
unless otherwise specified in the agreement. The city or exempted	27624
village board of education shall reimburse the educational service	27625
center governing board pursuant to section 3317.11 of the Revised	27626
Code.	27627

(C)(1) If an educational service center received funding	27628
under division (B) of former section 3317.11 or division (F) of	27629
section 3317.11 of the Revised Code for an agreement under this	27630
section involving a city school district whose total student count	27631
was less than thirteen thousand, the service center may continue	27632
to receive funding under that division for such an agreement in	27633
any subsequent year if the city district's total student count	27634
exceeds thirteen thousand. However, only the first thirteen	27635
thousand pupils in the formula ADM of such district shall be	27636
included in determining the amount of the per pupil subsidy the	27637
service center shall receive under division ~~(B)~~(F) of section	27638
3317.11 of the Revised Code.	27639

(2) If, prior to ~~the effective date of this amendment~~July 1,	27640
1998, an educational service center received funding under	27641
division (B) of former section 3317.11 of the Revised Code for a	27642
period of at least three years, for a good faith agreement under	27643
this section involving a city school district with no territory in	27644
the county in which the educational service center has territory,	27645
that educational service center and that city school district may	27646
enter into an agreement under this section, and the service center	27647
shall receive funding under division ~~(B)~~(F) of section 3317.11 of	27648
the Revised Code for any such agreement, notwithstanding the	27649
territorial boundaries of the service center and the city school	27650
district.	27651

(D) Any agreement entered into pursuant to this section shall	27652
be valid only if a copy is filed with the department of education	27653
by the first day of the school year for which the agreement is in	27654
effect.	27655

Sec. 3313.975. As used in this section and in sections	27656
3313.975 to 3313.979 of the Revised Code, "the pilot project	27657
school district" or "the district" means any school district	27658
included in the pilot project scholarship program pursuant to this	27659
section.	27660

(A) The superintendent of public instruction shall establish	27661
a pilot project scholarship program and shall include in such	27662
program any school districts that are or have ever been under	27663
federal court order requiring supervision and operational	27664
management of the district by the state superintendent. The	27665
program shall provide for a number of students residing in any	27666
such district to receive scholarships to attend alternative	27667
schools, and for an equal number of students to receive tutorial	27668
assistance grants while attending public school in any such	27669
district.	27670

(B) The state superintendent shall establish an application	27671
process and deadline for accepting applications from students	27672
residing in the district to participate in the scholarship	27673
program. In the initial year of the program students may only use	27674
a scholarship to attend school in grades kindergarten through	27675
third.	27676

The state superintendent shall award as many scholarships and	27677
tutorial assistance grants as can be funded given the amount	27678
appropriated for the program. In no case, however, shall more than	27679
fifty per cent of all scholarships awarded be used by students who	27680
were enrolled in a nonpublic school during the school year of	27681
application for a scholarship.	27682

(C)(1) The pilot project program shall continue in effect	27683
each year that the general assembly has appropriated sufficient	27684
money to fund scholarships and tutorial assistance grants. In each	27685
year the program continues, no new students may receive	27686
scholarships unless they are enrolled in grade kindergarten, one,	27687
two, or three. However, any student who has received a scholarship	27688
the preceding year may continue to receive one until the student	27689
has completed grade eight. Beginning in the 2003-2004 academic	27690
year, a student who previously has received a scholarship may	27691
receive a scholarship in grade nine. Beginning in the 2004-2005	27692
academic year, a student who previously has received a scholarship	27693
may receive a scholarship in grade ten.	27694

(2) If the general assembly discontinues the scholarship	27695
program, all students who are attending an alternative school	27696
under the pilot project shall be entitled to continued admittance	27697
to that specific school through all grades up to the ~~eighth~~tenth	27698
grade that are provided in such school, under the same conditions	27699
as when they were participating in the pilot project. The state	27700
superintendent shall continue to make scholarship payments in	27701
accordance with division (A) or (B) of section 3313.979 of the	27702
Revised Code for students who remain enrolled in an alternative	27703
school under this provision in any year that funds have been	27704
appropriated for this purpose.	27705

If funds are not appropriated, the tuition charged to the	27706
parents of a student who remains enrolled in an alternative school	27707
under this provision shall not be increased beyond the amount	27708
equal to the amount of the scholarship plus any additional amount	27709
charged that student's parent in the most recent year of	27710
attendance as a participant in the pilot project, except that	27711
tuition for all the students enrolled in such school may be	27712
increased by the same percentage.	27713

(D) Notwithstanding sections 124.39, 3307.54, and 3319.17 of	27714
the Revised Code, if the pilot project school district experiences	27715
a decrease in enrollment due to participation in a state-sponsored	27716
scholarship program pursuant to sections 3313.974 to 3313.979 of	27717
the Revised Code, the district board of education may enter into	27718
an agreement with any teacher it employs to provide to that	27719
teacher severance pay or early retirement incentives, or both, if	27720
the teacher agrees to terminate the employment contract with the	27721
district board, provided any collective bargaining agreement in	27722
force pursuant to Chapter 4117. of the Revised Code does not	27723
prohibit such an agreement for termination of a teacher's	27724
employment contract.	27725

Sec. 3313.976. (A) No private school may receive scholarship	27726
payments from parents pursuant to section 3313.979 of the Revised	27727
Code until the chief administrator of the private school registers	27728
the school with the superintendent of public instruction. The	27729
state superintendent shall register any school that meets the	27730
following requirements:	27731

(1) The school is located within the boundaries of the pilot	27732
project school district;	27733

(2) The school indicates in writing its commitment to follow	27734
all requirements for a state-sponsored scholarship program	27735
specified under sections 3313.974 to 3313.979 of the Revised Code,	27736
including, but not limited to, the requirements for admitting	27737
students pursuant to section 3313.977 of the Revised Code;	27738

(3) The school meets all state minimum standards for	27739
chartered nonpublic schools in effect on July 1, 1992, except that	27740
the state superintendent at the superintendent's discretion may	27741
register nonchartered nonpublic schools meeting the other	27742
requirements of this division;	27743

(4) The school does not discriminate on the basis of race,	27744
religion, or ethnic background;	27745

(5) The school enrolls a minimum of ten students per class or	27746
a sum of at least twenty-five students in all the classes offered;	27747

(6) The school does not advocate or foster unlawful behavior	27748
or teach hatred of any person or group on the basis of race,	27749
ethnicity, national origin, or religion;	27750

(7) The school does not provide false or misleading	27751
information about the school to parents, students, or the general	27752
public;	27753

(8) ~~The~~For students in grades kindergarten through eight,	27754
the school agrees not to charge any tuition to low-income families	27755
~~participating in~~receiving ninety per cent of the scholarship	27756
amount through the scholarship program, pursuant to division (A)	27757
of section 3313.978 of the Revised Code, in excess of ten per cent	27758
of the scholarship amount established pursuant to division (C)(1)	27759
of section 3313.978 of the Revised Code, excluding any increase	27760
described in division (C)(2) of that section. The school shall	27761
permit any such tuition, at the discretion of the parent, to be	27762
satisfied by the low-income family's provision of in-kind	27763
contributions or services.	27764

(9) For students in grades kindergarten through eight, the	27765
school agrees not to charge any tuition to low-income families	27766
receiving a seventy-five per cent scholarship amount through the	27767
scholarship program, pursuant to division (A) of section 3313.978	27768
of the Revised Code, in excess of the difference between the	27769
actual tuition charge of the school and seventy-five per cent of	27770
the scholarship amount established pursuant to division (C)(1) of	27771
section 3313.978 of the Revised Code, excluding any increase	27772
described in division (C)(2) of that section. The school shall	27773
permit such tuition, at the discretion of the parent, to be	27774
satisfied by the low-income family's provision of in-kind	27775
contributions or services.	27776

(10) The school agrees not to charge any tuition to families	27777
of students in grades nine and ten receiving a scholarship in	27778
excess of the actual tuition charge of the school less	27779
seventy-five or ninety per cent of the scholarship amount	27780
established pursuant to division (C)(1) of section 3313.978 of the	27781
Revised Code, as applicable, excluding any increase described in	27782
division (C)(2) of that section.	27783

(B) The state superintendent shall revoke the registration of	27784
any school if, after a hearing, the superintendent determines that	27785
the school is in violation of any of the provisions of division	27786
(A) of this section.	27787

(C) Any public school located in a school district adjacent	27788
to the pilot project district may receive scholarship payments on	27789
behalf of parents pursuant to section 3313.979 of the Revised Code	27790
if the superintendent of the district in which such public school	27791
is located notifies the state superintendent prior to the first	27792
day of March that the district intends to admit students from the	27793
pilot project district for the ensuing school year pursuant to	27794
section 3327.06 of the Revised Code.	27795

(D) Any parent wishing to purchase tutorial assistance from	27796
any person or governmental entity pursuant to the pilot project	27797
program under sections 3313.974 to 3313.979 of the Revised Code	27798
shall apply to the state superintendent. The state superintendent	27799
shall approve providers who appear to possess the capability of	27800
furnishing the instructional services they are offering to	27801
provide.	27802

Sec. 3313.977. (A)(1) Each registered private school shall	27803
admit students to kindergarten and first, second, and third grades	27804
in accordance with the following priorities:	27805

(a) Students who were enrolled in the school during the	27806
preceding year;	27807

(b) Siblings of students enrolled in the school during the	27808
preceding year, at the discretion of the school;	27809

(c) Children from low-income families attending school or	27810
residing in the school district in which the school is located	27811
until the number of such students in each grade equals the number	27812
that constituted twenty per cent of the total number of students	27813
enrolled in the school during the preceding year in such grade.	27814
Admission of such twenty per cent shall be by lot from among all	27815
low-income family applicants who apply prior to the fifteenth day	27816
of February prior to admission.	27817

(d) All other applicants residing anywhere, provided that all	27818
remaining available spaces shall be filled from among such	27819
applicants by lot.	27820

Children from low-income families not selected by lot under	27821
division (A)(1)(c) of this section shall be included in the	27822
lottery of all remaining applicants pursuant to division (A)(1)(d)	27823
of this section.	27824

(2) Each registered private school shall first admit to	27825
grades four through ~~eight~~ten students who were enrolled in the	27826
school during the preceding year. Any remaining spaces for	27827
students in these grades may be filled as determined by the	27828
school.	27829

(B) Notwithstanding division (A) of this section, except	27830
where otherwise prohibited by federal law, a registered private	27831
school may elect to admit students of only one gender and may deny	27832
admission to any separately educated handicapped student.	27833

(C) If a scholarship student who has been accepted in	27834
accordance with this section fails to enroll in the school for any	27835
reason or withdraws from the school during the school year for any	27836
reason, the school may elect to replace such student with another	27837
scholarship student only by first offering the admission to any	27838
low-income scholarship students who filed applications by the	27839
preceding fifteenth day of February and who were not accepted at	27840
that time due to space limitations.	27841

Sec. 3313.978. (A) Annually by the first day of November,	27842
the superintendent of public instruction shall notify the pilot	27843
project school district of the number of initial scholarships that	27844
the state superintendent will be awarding in each of grades	27845
kindergarten through third.	27846

The state superintendent shall provide information about the	27847
scholarship program to all students residing in the district,	27848
shall accept applications from any such students until such date	27849
as shall be established by the state superintendent as a deadline	27850
for applications, and shall establish criteria for the selection	27851
of students to receive scholarships from among all those applying	27852
prior to the deadline, which criteria shall give preference to	27853
students from low-income families. For each student selected, the	27854
state superintendent shall also determine whether the student	27855
qualifies for seventy-five or ninety per cent of the scholarship	27856
amount. Students whose family income is at or above two hundred	27857
per cent of the maximum income level established by the state	27858
superintendent for low-income families shall qualify for	27859
seventy-five per cent of the scholarship amount and students whose	27860
family income is below two hundred per cent of that maximum income	27861
level shall qualify for ninety per cent of the scholarship amount.	27862
The state superintendent shall notify students of their selection	27863
prior to the fifteenth day of January and whether they qualify for	27864
seventy-five or ninety per cent of the scholarship amount.	27865

(1) A student receiving a pilot project scholarship may	27866
utilize it at an alternative public school by notifying the	27867
district superintendent, at any time before the beginning of the	27868
school year, of the name of the public school in an adjacent	27869
school district to which the student has been accepted pursuant to	27870
section 3327.06 of the Revised Code.	27871

(2) A student may decide to utilize a pilot project	27872
scholarship at a registered private school in the district if all	27873
of the following conditions are met:	27874

(a) By the fifteenth day of February of the preceding school	27875
year, or at any time prior to the start of the school year, the	27876
parent makes an application on behalf of the student to a	27877
registered private school.	27878

(b) The registered private school notifies the parent and the	27879
state superintendent as follows that the student has been	27880
admitted:	27881

(i) By the fifteenth day of March of the preceding school	27882
year if the student filed an application by the fifteenth day of	27883
February and was admitted by the school pursuant to division (A)	27884
of section 3313.977 of the Revised Code;	27885

(ii) Within one week of the decision to admit the student if	27886
the student is admitted pursuant to division (C) of section	27887
3313.977 of the Revised Code.	27888

(c) The student actually enrolls in the registered private	27889
school to which the student was first admitted or in another	27890
registered private school in the district or in a public school in	27891
an adjacent school district.	27892

(B) The state superintendent shall also award in any school	27893
year tutorial assistance grants to a number of students equal to	27894
the number of students who receive scholarships under division (A)	27895
of this section. Tutorial assistance grants shall be awarded	27896
solely to students who are enrolled in the public schools of the	27897
district in a grade level covered by the pilot project. Tutorial	27898
assistance grants may be used solely to obtain tutorial assistance	27899
from a provider approved pursuant to division (D) of section	27900
3313.976 of the Revised Code.	27901

All students wishing to obtain tutorial assistance grants	27902
shall make application to the state superintendent by the first	27903
day of the school year in which the assistance will be used. The	27904
state superintendent shall award assistance grants in accordance	27905
with criteria the superintendent shall establish. For each student	27906
awarded a grant, the state superintendent shall also determine	27907
whether the student qualifies for seventy-five or ninety per cent	27908
of the grant amount and so notify the student. Students whose	27909
family income is at or above two hundred per cent of the maximum	27910
income level established by the state superintendent for	27911
low-income families shall qualify for seventy-five per cent of the	27912
grant amount and students whose family income is below two hundred	27913
per cent of that maximum income level shall qualify for ninety per	27914
cent of the grant amount.	27915

(C)(1) In the case of basic scholarships for students in	27916
grades kindergarten through eight, the scholarship amount shall	27917
not exceed the lesser of the tuition charges of the alternative	27918
school the scholarship recipient attends or an amount established	27919
by the state superintendent not in excess of ~~twenty-five hundred~~	27920
three thousand dollars.	27921

In the case of basic scholarships for students in grades nine	27922
and ten, the scholarship amount shall not exceed the lesser of the	27923
tuition charges of the alternative school the scholarship	27924
recipient attends or an amount established by the state	27925
superintendent not in excess of two thousand seven hundred	27926
dollars.	27927

(2) The state superintendent shall provide for an increase in	27928
the basic scholarship amount in the case of any student who is a	27929
mainstreamed handicapped student and shall further increase such	27930
amount in the case of any separately educated handicapped child.	27931
Such increases shall take into account the instruction, related	27932
services, and transportation costs of educating such students.	27933

(3) In the case of tutorial assistance grants, the grant	27934
amount shall not exceed the lesser of the provider's actual	27935
charges for such assistance or a percentage established by the	27936
state superintendent, not to exceed twenty per cent, of the amount	27937
of the pilot project school district's average basic scholarship	27938
amount.	27939

(4) No scholarship or tutorial assistance grant shall be	27940
awarded unless the state superintendent determines that	27941
twenty-five or ten per cent, as applicable, of the amount	27942
specified for such scholarship or grant pursuant to division	27943
(C)(1), (2), or (3) of this section will be furnished by a	27944
political subdivision, a private nonprofit or for profit entity,	27945
or another person. Only seventy-five or ninety per cent of such	27946
amounts, as applicable, shall be paid from state funds pursuant to	27947
section 3313.979 of the Revised Code.	27948

(D)(1) Annually by the first day of November, the state	27949
superintendent shall estimate the maximum per-pupil scholarship	27950
amounts for the ensuing school year. The state superintendent	27951
shall make this estimate available to the general public at the	27952
offices of the district board of education together with the forms	27953
required by division (D)(2) of this section.	27954

(2) Annually by the fifteenth day of January, the chief	27955
administrator of each registered private school located in the	27956
pilot project district and the principal of each public school in	27957
such district shall complete a parental information form and	27958
forward it to the president of the board of education. The	27959
parental information form shall be prescribed by the department of	27960
education and shall provide information about the grade levels	27961
offered, the numbers of students, tuition amounts, achievement	27962
test results, and any sectarian or other organizational	27963
affiliations.	27964

Sec. 3313.979. Each scholarship ~~or grant~~ to be used for	27965
payments to a registered private school ~~or to an approved tutorial~~	27966
~~assistance provider~~ is payable to the parents of the student	27967
entitled to the scholarship ~~or grant~~. Each scholarship to be used	27968
for payments to a public school in an adjacent school district is	27969
payable to the school district of attendance by the superintendent	27970
of public instruction. Each grant to be used for payments to an	27971
approved tutorial assistance provider is payable to the approved	27972
tutorial assistance provider.	27973

(A)(1) By the fifteenth day of each month of the school year	27974
that any scholarship students are enrolled in a registered private	27975
school, the chief administrator of that school shall notify the	27976
state superintendent of:	27977

(a) The number of students who were reported to the school	27978
district as having been admitted by that private school pursuant	27979
to division (A)(2)(b) of section 3313.978 of the Revised Code and	27980
who were still enrolled in the private school as of the first day	27981
of such month, and the numbers of such students who qualify for	27982
seventy-five and ninety per cent of the scholarship amount;	27983

(b) The number of students who were reported to the school	27984
district as having been admitted by another private school	27985
pursuant to division (A)(2)(b) of section 3313.978 of the Revised	27986
Code and since the date of admission have transferred to the	27987
school providing the notification under division (A)(1) of this	27988
section, and the numbers of such students who qualify for	27989
seventy-five and ninety per cent of the scholarship amount.	27990

(2) From time to time, the state superintendent shall make a	27991
payment to the parent of each student entitled to a scholarship.	27992
Each payment shall include for each student reported under	27993
division (A)(1) of this section, a portion of seventy-five or	27994
ninety per cent, as applicable, of the scholarship amount	27995
specified in divisions (C)(1) and (2) of section 3313.978 of the	27996
Revised Code. This amount shall be proportionately reduced in the	27997
case of any such student who is not enrolled in a registered	27998
private school for the entire school year.	27999

(3) The first payment under this division shall be made by	28000
the last day of November and shall equal one-third of seventy-five	28001
or ninety per cent, as applicable, of the estimated total amount	28002
that will be due to the parent for the school year pursuant to	28003
division (A)(2) of this section.	28004

(B) The state superintendent, on behalf of the parents of a	28005
scholarship student enrolled in a public school in an adjacent	28006
school district pursuant to section 3327.06 of the Revised Code,	28007
shall make the tuition payments required by that section to the	28008
school district admitting the student, except that,	28009
notwithstanding sections 3323.13, 3323.14, and 3327.06 of the	28010
Revised Code, the total payments in any school year shall not	28011
exceed seventy-five or ninety per cent, as applicable, of the	28012
scholarship amount provided in divisions (C)(1) and (2) of section	28013
3313.978 of the Revised Code.	28014

(C) Whenever an approved provider provides tutorial	28015
assistance to a student, the state superintendent shall pay the	28016
~~parent~~approved provider for such costs upon receipt of a	28017
statement ~~from the parent~~ specifying the services provided and the	28018
costs of the services, which statement shall be signed by the	28019
provider and verified by the chief administrator having	28020
supervisory control over the tutoring site. The total payments to	28021
any ~~parent~~approved provider under this division for all provider	28022
services to any individual student in any school year shall not	28023
exceed seventy-five or ninety per cent, as applicable, of the	28024
grant amount provided in division (C)(3) of section 3313.978 of	28025
the Revised Code.	28026

Sec. 3313.981. (A) The state board shall adopt rules	28027
requiring all of the following:	28028

(1) The board of education of each city, exempted village,	28029
and local school district to annually report to the department of	28030
education all of the following:	28031

(a) The number of adjacent district or other district	28032
students, as applicable, and adjacent district or other district	28033
joint vocational students, as applicable, enrolled in the district	28034
and the number of native students enrolled in adjacent or other	28035
districts, in accordance with a policy adopted under division (B)	28036
of section 3313.98 of the Revised Code;	28037

(b) Each adjacent district or other district student's or	28038
adjacent district or other district joint vocational student's	28039
date of enrollment in the district;	28040

(c) The full-time equivalent number of adjacent district or	28041
other district students enrolled in vocational education programs	28042
or classes described in division (A) of section 3317.014 of the	28043
Revised Code and the full-time equivalent number of such students	28044
enrolled in vocational education programs or classes described in	28045
division (B) of that section;	28046

(d) Each native student's date of enrollment in an adjacent	28047
or other district.	28048

(2) The board of education of each joint vocational school	28049
district to annually report to the department all of the	28050
following:	28051

(a) The number of adjacent district or other district joint	28052
vocational students, as applicable, enrolled in the district;	28053

(b) The full-time equivalent number of adjacent district or	28054
other district joint vocational students enrolled in vocational	28055
education programs or classes described in division (A) of section	28056
3317.014 of the Revised Code and the full-time equivalent number	28057
of such students enrolled in vocational education programs or	28058
classes described in division (B) of that section;	28059

(c) For each adjacent district or other district joint	28060
vocational student, the city, exempted village, or local school	28061
district in which the student is also enrolled.	28062

(3) Prior to the first full school week in October each year,	28063
the superintendent of each city, local, or exempted village school	28064
district that admits adjacent district or other district students	28065
or adjacent district or other district joint vocational students	28066
in accordance with a policy adopted under division (B) of section	28067
3313.98 of the Revised Code to notify each adjacent or other	28068
district where those students are entitled to attend school under	28069
section 3313.64 or 3313.65 of the Revised Code of the number of	28070
the adjacent or other district's native students who are enrolled	28071
in the superintendent's district under the policy.	28072

The rules shall provide for the method of counting students	28073
who are enrolled for part of a school year in an adjacent or other	28074
district or as an adjacent district or other district joint	28075
vocational student.	28076

(B) From the payments made to a city, exempted village, or	28077
local school district under Chapter 3317. of the Revised Code, the	28078
department of education shall annually subtract both of the	28079
following:	28080

(1) An amount equal to the number of the district's native	28081
students reported under division (A)(1) of this section who are	28082
enrolled in adjacent or other school districts pursuant to	28083
policies adopted by such districts under division (B) of section	28084
3313.98 of the Revised Code multiplied by the adjusted formula	28085
amount for the district;	28086

(2) The excess costs computed in accordance with division (E)	28087
of this section for any such native students receiving special	28088
education and related services in adjacent or other school	28089
districts or as an adjacent district or other district joint	28090
vocational student;	28091

(3) For the full-time equivalent number of the district's	28092
native students reported under division (A)(1)(c) or (2)(b) of	28093
this section as enrolled in vocational education programs or	28094
classes described in section 3317.014 of the Revised Code, an	28095
amount equal to the formula amount times the applicable multiple	28096
prescribed by that section.	28097

(C) To the payments made to a city, exempted village, or	28098
local school district under Chapter 3317. of the Revised Code, the	28099
department of education shall annually add all of the following:	28100

(1) An amount equal to the adjusted formula amount for the	28101
district multiplied by the remainder obtained by subtracting the	28102
number of adjacent district or other district joint vocational	28103
students from the number of adjacent district or other district	28104
students enrolled in the district, as reported under division	28105
(A)(1) of this section;	28106

(2) The excess costs computed in accordance with division (E)	28107
of this section for any adjacent district or other district	28108
students, except for any adjacent or other district joint	28109
vocational students, receiving special education and related	28110
services in the district;	28111

(3) For the full-time equivalent number of the adjacent or	28112
other district students who are not adjacent district or other	28113
district joint vocational students and are reported under division	28114
(A)(1)(c) of this section as enrolled in vocational education	28115
programs or classes described in section 3317.014 of the Revised	28116
Code, an amount equal to the formula amount times the applicable	28117
multiple prescribed by that section;	28118

(4) An amount equal to the number of adjacent district or	28119
other district joint vocational students reported under division	28120
(A)(1) of this section multiplied by an amount equal to ~~one-fourth~~	28121
twenty per cent of the adjusted formula amount for the district.	28122

(D) To the payments made to a joint vocational school	28123
district under Chapter 3317. of the Revised Code, the department	28124
of education shall add, for each adjacent district or other	28125
district joint vocational student reported under division (A)(2)	28126
of this section, both of the following:	28127

(1) An amount equal to the adjusted formula amount of the	28128
city, exempted village, or local school district in which the	28129
student is also enrolled;	28130

(2) An amount equal to the full-time equivalent number of	28131
students reported pursuant to division (A)(2)(b) of this section	28132
times the formula amount times the applicable multiple prescribed	28133
by section 3317.014 of the Revised Code.	28134

(E)(1) A city, exempted village, or local school board	28135
providing special education and related services to an adjacent or	28136
other district student in accordance with an IEP shall, pursuant	28137
to rules of the state board, compute the excess costs to educate	28138
such student as follows:	28139

(a) Subtract the adjusted formula amount for the district	28140
from the actual costs to educate the student;	28141

(b) From the amount computed under division (E)(1)(a) of this	28142
section subtract the amount of any funds received by the district	28143
under Chapter 3317. of the Revised Code to provide special	28144
education and related services to the student.	28145

(2) The board shall report the excess costs computed under	28146
this division to the department of education.	28147

(3) If any student for whom excess costs are computed under	28148
division (E)(1) of this section is an adjacent or other district	28149
joint vocational student, the department of education shall add	28150
the amount of such excess costs to the payments made under Chapter	28151
3317. of the Revised Code to the joint vocational school district	28152
enrolling the student.	28153

(F) As provided in division (D)(1)(b) of section 3317.03 of	28154
the Revised Code, no joint vocational school district shall count	28155
any adjacent or other district joint vocational student enrolled	28156
in the district in its formula ADM certified under section 3317.03	28157
of the Revised Code.	28158

(G) No city, exempted village, or local school district shall	28159
receive a payment under division (C) of this section for a	28160
student, and no joint vocational school district shall receive a	28161
payment under division (D) of this section for a student, if for	28162
the same school year that student is counted in the district's	28163
formula ADM certified under section 3317.03 of the Revised Code.	28164

(H) Upon request of a parent, and provided the board offers	28165
transportation to native students of the same grade level and	28166
distance from school under section 3327.01 of the Revised Code, a	28167
city, exempted village, or local school board enrolling an	28168
adjacent or other district student shall provide transportation	28169
for the student within the boundaries of the board's district,	28170
except that the board shall be required to pick up and drop off a	28171
nonhandicapped student only at a regular school bus stop	28172
designated in accordance with the board's transportation policy.	28173
Pursuant to rules of the state board of education, such board may	28174
reimburse the parent from funds received under division (D) of	28175
section 3317.022 of the Revised Code for the reasonable cost of	28176
transportation from the student's home to the designated school	28177
bus stop if the student's family has an income below the federal	28178
poverty line.	28179

Sec. 3314.02. (A) As used in this chapter:

28180

(1) "Sponsor" means an entity listed in division (C)(1) of	28181
this section, which has been approved by the department of	28182
education to sponsor community schools and with which the	28183
governing authority of the proposed community school enters into a	28184
contract pursuant to this section.	28185

(2) "Pilot project area" means the school districts included	28186
in the territory of the former community school pilot project	28187
established by former Section 50.52 of Am. Sub. H.B. No. 215 of	28188
the 122nd general assembly.	28189

(3) "Challenged school district" means any of the following:

28190

(a) A school district that is part of the pilot project area;

28191

(b) A school district that is either in a state of academic	28192
emergency or in a state of academic watch under section 3302.03 of	28193
the Revised Code;	28194

28195

(d) An urban school district.

28196

(4) "Big eight school district" means a school district that	28197
for fiscal year 1997 had both of the following:	28198

(a) A percentage of children residing in the district and	28199
participating in the predecessor of Ohio works first greater than	28200
thirty per cent, as reported pursuant to section 3317.10 of the	28201
Revised Code;	28202

(b) An average daily membership greater than twelve thousand,	28203
as reported pursuant to former division (A) of section 3317.03 of	28204
the Revised Code.	28205

(5) "New start-up school" means a community school other than	28206
one created by converting all or part of an existing public	28207
school, as designated in the school's contract pursuant to	28208
division (A)(17) of section 3314.03 of the Revised Code.	28209

(6) "Urban school district" means one of the state's	28210
twenty-one urban school districts as defined in division (O) of	28211
section 3317.02 of the Revised Code as that section existed prior	28212
to July 1, 1998.	28213

(7) "Internet- or computer-based community school" means a	28214
community school established under this chapter in which the	28215
enrolled students work primarily from their residences on	28216
assignments in non-classroom-based learning opportunities provided	28217
via an internet- or other computer-based instructional method that	28218
does not rely on regular classroom instruction or via	28219
comprehensive instructional methods that include internet-based,	28220
other computer-based, and non-computer-based learning	28221
opportunities.	28222

(B) Any person or group of individuals may initially propose	28223
under this division the conversion of all or a portion of a public	28224
school to a community school. The proposal shall be made to the	28225
board of education of the city, local, or exempted village school	28226
district in which the public school is proposed to be converted.	28227
Upon receipt of a proposal, a board may enter into a preliminary	28228
agreement with the person or group proposing the conversion of the	28229
public school, indicating the intention of the board of education	28230
to support the conversion to a community school. A proposing	28231
person or group that has a preliminary agreement under this	28232
division may proceed to finalize plans for the school, establish a	28233
governing authority for the school, and negotiate a contract with	28234
the board of education. Provided the proposing person or group	28235
adheres to the preliminary agreement and all provisions of this	28236
chapter, the board of education shall negotiate in good faith to	28237
enter into a contract in accordance with section 3314.03 of the	28238
Revised Code and division (C) of this section.	28239

(C)(1) Any person or group of individuals may propose under	28240
this division the establishment of a new start-up school to be	28241
located in a challenged school district. The proposal may be made	28242
to any of the following entities:	28243

(a) The board of education of the district in which the	28244
school is proposed to be located;	28245

(b) The board of education of any joint vocational school	28246
district with territory in the county in which is located the	28247
majority of the territory of the district in which the school is	28248
proposed to be located;	28249

(c) The board of education of any other city, local, or	28250
exempted village school district having territory in the same	28251
county where the district in which the school is proposed to be	28252
located has the major portion of its territory;	28253

(d) The governing board of any educational service center as	28254
~~long as the proposed school will be located in a county within the~~	28255
~~territory of the service center or in a county contiguous to such~~	28256
~~county~~;	28257

(e) A sponsoring authority designated by the board of	28258
trustees of any of the thirteen state universities listed in	28259
section 3345.011 of the Revised Code or the board of trustees	28260
itself as long as a mission of the proposed school to be specified	28261
in the contract under division (A)(2) of section 3314.03 of the	28262
Revised Code and as approved by the department of education under	28263
division (B)(2) of section 3314.015 of the Revised Code will be	28264
the practical demonstration of teaching methods, educational	28265
technology, or other teaching practices that are included in the	28266
curriculum of the university's teacher preparation program	28267
approved by the state board of education;	28268

(f) Any qualified tax-exempt entity under section 501(c)(3)	28269
of the Internal Revenue Code as long as all of the following	28270
conditions are satisfied:	28271

(i) The entity has been in operation for at least five years	28272
prior to applying to be a community school sponsor.	28273

(ii) The entity has assets of at least five hundred thousand	28274
dollars.	28275

(iii) The department of education has determined that the	28276
entity is an education-oriented entity under division (B)(3) of	28277
section 3314.015 of the Revised Code.	28278

Until July 1, 2005, any entity described in division	28279
(C)(1)(f) of this section may sponsor only schools that formerly	28280
were sponsored by the state board of education under division	28281
(C)(1)(d) of this section, as it existed prior to April 8, 2003.	28282
After July 1, 2005, such entity may sponsor any new or existing	28283
school.	28284

Any entity described in division (C)(1) of this section may	28285
enter into a preliminary agreement pursuant to division (C)(2) of	28286
this section with the proposing person or group.	28287

(2) A preliminary agreement indicates the intention of an	28288
entity described in division (C)(1) of this section to sponsor the	28289
community school. A proposing person or group that has such a	28290
preliminary agreement may proceed to finalize plans for the	28291
school, establish a governing authority as described in division	28292
(E) of this section for the school, and negotiate a contract with	28293
the entity. Provided the proposing person or group adheres to the	28294
preliminary agreement and all provisions of this chapter, the	28295
entity shall negotiate in good faith to enter into a contract in	28296
accordance with section 3314.03 of the Revised Code.	28297

(3) A new start-up school that is established in a school	28298
district while that district is either in a state of academic	28299
emergency or in a state of academic watch under section 3302.03 of	28300
the Revised Code may continue in existence once the school	28301
district is no longer in a state of academic emergency or academic	28302
watch, provided there is a valid contract between the school and a	28303
sponsor.	28304

(4) A copy of every preliminary agreement entered into under	28305
this division shall be filed with the superintendent of public	28306
instruction.	28307

(D) A majority vote of the board of a sponsoring entity and a	28308
majority vote of the members of the governing authority of a	28309
community school shall be required to adopt a contract and convert	28310
the public school to a community school or establish the new	28311
start-up school. Up to the statewide limit prescribed in section	28312
3314.013 of the Revised Code, an unlimited number of community	28313
schools may be established in any school district provided that a	28314
contract is entered into for each community school pursuant to	28315
this chapter.	28316

(E) As used in this division, "immediate relatives" are	28317
limited to spouses, children, parents, grandparents, siblings, and	28318
in-laws.	28319

Each new start-up community school established under this	28320
chapter shall be under the direction of a governing authority	28321
which shall consist of a board of not less than five individuals	28322
who are not owners or employees, or immediate relatives of owners	28323
or employees, of any for-profit firm that operates or manages a	28324
school for the governing authority.	28325

No person shall serve on the governing authority or operate	28326
the community school under contract with the governing authority	28327
so long as the person owes the state any money or is in a dispute	28328
over whether the person owes the state any money concerning the	28329
operation of a community school that has closed.	28330

(F) Nothing in this chapter shall be construed to permit the	28331
establishment of a community school in more than one school	28332
district under the same contract.	28333

Sec. 3314.03. A copy of every contract entered into under	28334
this section shall be filed with the superintendent of public	28335
instruction.	28336

(A) Each contract entered into between a sponsor and the	28337
governing authority of a community school shall specify the	28338
following:	28339

(1) That the school shall be established as either of the	28340
following:	28341

(a) A nonprofit corporation established under Chapter 1702.	28342
of the Revised Code, if established prior to ~~the effective date of~~	28343
~~this amendment~~April 8, 2003;	28344

(b) A public benefit corporation established under Chapter	28345
1702. of the Revised Code, if established after ~~the effective date~~	28346
~~of this amendment~~April 8, 2003;	28347

(2) The education program of the school, including the	28348
school's mission, the characteristics of the students the school	28349
is expected to attract, the ages and grades of students, and the	28350
focus of the curriculum;	28351

(3) The academic goals to be achieved and the method of	28352
measurement that will be used to determine progress toward those	28353
goals, which shall include the statewide achievement tests;	28354

(4) Performance standards by which the success of the school	28355
will be evaluated by the sponsor;	28356

(5) The admission standards of section 3314.06 of the Revised	28357
Code;	28358

(6)(a) Dismissal procedures;

28359

(b) A requirement that the governing authority adopt an	28360
attendance policy that includes a procedure for automatically	28361
withdrawing a student from the school if the student without a	28362
legitimate excuse fails to participate in one hundred five	28363
~~cumulative~~consecutive hours of the learning opportunities offered	28364
to the student. Such a policy shall provide for withdrawing the	28365
student by the end of the thirtieth day after the student has	28366
failed to participate as required under this division.	28367

(7) The ways by which the school will achieve racial and	28368
ethnic balance reflective of the community it serves;	28369

(8) Requirements for financial audits by the auditor of	28370
state. The contract shall require financial records of the school	28371
to be maintained in the same manner as are financial records of	28372
school districts, pursuant to rules of the auditor of state, and	28373
the audits shall be conducted in accordance with section 117.10 of	28374
the Revised Code.	28375

(9) The facilities to be used and their locations;

28376

(10) Qualifications of teachers, including a requirement that	28377
the school's classroom teachers be licensed in accordance with	28378
sections 3319.22 to 3319.31 of the Revised Code, except that a	28379
community school may engage noncertificated persons to teach up to	28380
twelve hours per week pursuant to section 3319.301 of the Revised	28381
Code;	28382

(11) That the school will comply with the following	28383
requirements:	28384

(a) The school will provide learning opportunities to a	28385
minimum of twenty-five students for a minimum of nine hundred	28386
twenty hours per school year;	28387

(b) The governing authority will purchase liability	28388
insurance, or otherwise provide for the potential liability of the	28389
school;	28390

(c) The school will be nonsectarian in its programs,	28391
admission policies, employment practices, and all other	28392
operations, and will not be operated by a sectarian school or	28393
religious institution;	28394

(d) The school will comply with sections 9.90, 9.91, 109.65,	28395
121.22, 149.43, 2151.358, 2151.421, 2313.18, 3301.0710, 3301.0711,	28396
3301.0712, 3301.0715, 3313.50, 3313.608, 3313.6012, 3313.643,	28397
3313.648, 3313.66, 3313.661, 3313.662, 3313.67, 3313.671,	28398
3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.80, 3313.96,	28399
3319.073, 3319.321, 3319.39, 3321.01, 3321.13, 3321.14, 3321.17,	28400
3321.18, 3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and	28401
5705.391 and Chapters 117., 1347., 2744., 3365., 3742., 4112.,	28402
4123., 4141., and 4167. of the Revised Code as if it were a school	28403
district and will comply with section 3301.0714 of the Revised	28404
Code in the manner specified in section 3314.17 of the Revised	28405
Code;	28406

(e) The school shall comply with Chapter 102. of the Revised	28407
Code except that nothing in that chapter shall prohibit a member	28408
of the school's governing board from also being an employee of the	28409
school and nothing in that chapter or section 2921.42 of the	28410
Revised Code shall prohibit a member of the school's governing	28411
board from having an interest in a contract into which the	28412
governing board enters that is not a contract with a for-profit	28413
firm for the operation or management of a school under the	28414
auspices of the governing authority;	28415

(f) The school will comply with sections 3313.61, 3313.611,	28416
and 3313.614 of the Revised Code, except that the requirement in	28417
sections 3313.61 and 3313.611 of the Revised Code that a person	28418
must successfully complete the curriculum in any high school prior	28419
to receiving a high school diploma may be met by completing the	28420
curriculum adopted by the governing authority of the community	28421
school rather than the curriculum specified in Title XXXIII of the	28422
Revised Code or any rules of the state board of education;	28423

(g) The school governing authority will submit within four	28424
months after the end of each school year a report of its	28425
activities and progress in meeting the goals and standards of	28426
divisions (A)(3) and (4) of this section and its financial status	28427
to the sponsor, the parents of all students enrolled in the	28428
school, and the legislative office of education oversight. The	28429
school will collect and provide any data that the legislative	28430
office of education oversight requests in furtherance of any study	28431
or research that the general assembly requires the office to	28432
conduct, including the studies required under Section 50.39 of Am.	28433
Sub. H.B. 215 of the 122nd general assembly and Section 50.52.2 of	28434
Am. Sub. H.B. 215 of the 122nd general assembly, as amended.	28435

(12) Arrangements for providing health and other benefits to	28436
employees;	28437

(13) The length of the contract, which shall begin at the	28438
beginning of an academic year. No contract shall exceed five years	28439
unless such contract has been renewed pursuant to division (E) of	28440
this section.	28441

(14) The governing authority of the school, which shall be	28442
responsible for carrying out the provisions of the contract;	28443

(15) A financial plan detailing an estimated school budget	28444
for each year of the period of the contract and specifying the	28445
total estimated per pupil expenditure amount for each such year.	28446
The plan shall specify for each year the base formula amount that	28447
will be used for purposes of funding calculations under section	28448
3314.08 of the Revised Code. This base formula amount for any year	28449
shall not exceed the formula amount defined under section 3317.02	28450
of the Revised Code. The plan may also specify for any year a	28451
percentage figure to be used for reducing the per pupil amount of	28452
disadvantaged pupil impact aid calculated pursuant to section	28453
3317.029 of the Revised Code the school is to receive that year	28454
under section 3314.08 of the Revised Code.	28455

(16) Requirements and procedures regarding the disposition of	28456
employees of the school in the event the contract is terminated or	28457
not renewed pursuant to section 3314.07 of the Revised Code;	28458

(17) Whether the school is to be created by converting all or	28459
part of an existing public school or is to be a new start-up	28460
school, and if it is a converted public school, specification of	28461
any duties or responsibilities of an employer that the board of	28462
education that operated the school before conversion is delegating	28463
to the governing board of the community school with respect to all	28464
or any specified group of employees provided the delegation is not	28465
prohibited by a collective bargaining agreement applicable to such	28466
employees;	28467

(18) Provisions establishing procedures for resolving	28468
disputes or differences of opinion between the sponsor and the	28469
governing authority of the community school;	28470

(19) A provision requiring the governing authority to adopt a	28471
policy regarding the admission of students who reside outside the	28472
district in which the school is located. That policy shall comply	28473
with the admissions procedures specified in section 3314.06 of the	28474
Revised Code and, at the sole discretion of the authority, shall	28475
do one of the following:	28476

(a) Prohibit the enrollment of students who reside outside	28477
the district in which the school is located;	28478

(b) Permit the enrollment of students who reside in districts	28479
adjacent to the district in which the school is located;	28480

(c) Permit the enrollment of students who reside in any other	28481
district in the state.	28482

(20) A provision recognizing the authority of the department	28483
of education to take over the sponsorship of the school in	28484
accordance with the provisions of division (C) of section 3314.015	28485
of the Revised Code;	28486

(21) A provision recognizing the sponsor's authority to	28487
assume the operation of a school under the conditions specified in	28488
division (B) of section 3314.073 of the Revised Code;	28489

(22) A provision recognizing both of the following:

28490

(a) The authority of public health and safety officials to	28491
inspect the facilities of the school and to order the facilities	28492
closed if those officials find that the facilities are not in	28493
compliance with health and safety laws and regulations;	28494

(b) The authority of the department of education as the	28495
community school oversight body to suspend the operation of the	28496
school under section 3314.072 of the Revised Code if the	28497
department has evidence of conditions or violations of law at the	28498
school that pose an imminent danger to the health and safety of	28499
the school's students and employees and the sponsor refuses to	28500
take such action;	28501

(23) A description of the learning opportunities that will be	28502
offered to students including both classroom-based and	28503
non-classroom-based learning opportunities that is in compliance	28504
with criteria for student participation established by the	28505
department under division (L)(2) of section 3314.08 of the Revised	28506
Code.	28507

(B) The community school shall also submit to the sponsor a	28508
comprehensive plan for the school. The plan shall specify the	28509
following:	28510

(1) The process by which the governing authority of the	28511
school will be selected in the future;	28512

(2) The management and administration of the school;

28513

(3) If the community school is a currently existing public	28514
school, alternative arrangements for current public school	28515
students who choose not to attend the school and teachers who	28516
choose not to teach in the school after conversion;	28517

(4) The instructional program and educational philosophy of	28518
the school;	28519

(5) Internal financial controls.

28520

(C) A contract entered into under section 3314.02 of the	28521
Revised Code between a sponsor and the governing authority of a	28522
community school may provide for the community school governing	28523
authority to make payments to the sponsor, which is hereby	28524
authorized to receive such payments as set forth in the contract	28525
between the governing authority and the sponsor. The total amount	28526
of such payments for oversight and monitoring of the school shall	28527
not exceed three per cent of the total amount of payments for	28528
operating expenses that the school receives from the state.	28529

(D) The contract shall specify the duties of the sponsor	28530
which shall be in accordance with the written agreement entered	28531
into with the department of education under division (B) of	28532
section 3314.015 of the Revised Code and shall include the	28533
following:	28534

(1) Monitor the community school's compliance with all laws	28535
applicable to the school and with the terms of the contract;	28536

(2) Monitor and evaluate the academic and fiscal performance	28537
and the organization and operation of the community school on at	28538
least an annual basis;	28539

(3) Report on an annual basis the results of the evaluation	28540
conducted under division (D)(2) of this section to the department	28541
of education and to the parents of students enrolled in the	28542
community school;	28543

(4) Provide technical assistance to the community school in	28544
complying with laws applicable to the school and terms of the	28545
contract;	28546

(5) Take steps to intervene in the school's operation to	28547
correct problems in the school's overall performance, declare the	28548
school to be on probationary status pursuant to section 3314.073	28549
of the Revised Code, suspend the operation of the school pursuant	28550
to section 3314.072 of the Revised Code, or terminate the contract	28551
of the school pursuant to section 3314.07 of the Revised Code as	28552
determined necessary by the sponsor;	28553

(6) Have in place a plan of action to be undertaken in the	28554
event the community school experiences financial difficulties or	28555
closes prior to the end of a school year.	28556

(E) Upon the expiration of a contract entered into under this	28557
section, the sponsor of a community school may, with the approval	28558
of the governing authority of the school, renew that contract for	28559
a period of time determined by the sponsor, but not ending earlier	28560
than the end of any school year, if the sponsor finds that the	28561
school's compliance with applicable laws and terms of the contract	28562
and the school's progress in meeting the academic goals prescribed	28563
in the contract have been satisfactory. Any contract that is	28564
renewed under this division remains subject to the provisions of	28565
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	28566

Sec. 3314.041. The governing authority of each community	28567
school and any operator of such school shall ~~place in a~~	28568
~~conspicuous manner in all documents that are distributed~~	28569
distribute to parents of students of the school ~~or to the general~~	28570
~~public~~upon their enrollment in the school the following statement	28571
in writing:	28572

"The .............. (here fill in name of the school) school	28573
is a community school established under Chapter 3314. of the	28574
Revised Code. The school is a public school and students enrolled	28575
in and attending the school are required to take proficiency tests	28576
and other examinations prescribed by law. In addition, there may	28577
be other requirements for students at the school that are	28578
prescribed by law. Students who have been excused from the	28579
compulsory attendance law for the purpose of home education as	28580
defined by the Administrative Code shall no longer be excused for	28581
that purpose upon their enrollment in a community school. For more	28582
information about this matter contact the school administration or	28583
the Ohio Department of Education."	28584

Sec. 3314.07. (A) The expiration of the contract for a	28585
community school between a sponsor and a school shall be the date	28586
provided in the contract. A successor contract may be entered into	28587
pursuant to division (E) of section 3314.03 of the Revised Code	28588
unless the contract is terminated or not renewed pursuant to this	28589
section.	28590

(B)(1) A sponsor may choose not to renew a contract at its	28591
expiration or may choose to terminate a contract prior to its	28592
expiration for any of the following reasons:	28593

(a) Failure to meet student performance requirements stated	28594
in the contract;	28595

(b) Failure to meet generally accepted standards of fiscal	28596
management;	28597

(c) Violation of any provision of the contract or applicable	28598
state or federal law;	28599

(d) Other good cause.

28600

(2) A sponsor may choose to terminate a contract prior to its	28601
expiration if the sponsor has suspended the operation of the	28602
contract under section 3314.072 of the Revised Code.	28603

(3) At least ninety days prior to the termination or	28604
nonrenewal of a contract, the sponsor shall notify the school of	28605
the proposed action in writing. The notice shall include the	28606
reasons for the proposed action in detail, the effective date of	28607
the termination or nonrenewal, and a statement that the school	28608
may, within fourteen days of receiving the notice, request an	28609
informal hearing before the sponsor. Such request must be in	28610
writing. The informal hearing shall be held within seventy days of	28611
the receipt of a request for the hearing. Promptly following the	28612
informal hearing, the sponsor shall issue a written decision	28613
either affirming or rescinding the decision to terminate or not	28614
renew the contract.	28615

(4) A decision by the sponsor to terminate a contract may be	28616
appealed to the state board of education. The decision by the	28617
state board pertaining to an appeal under this division is final.	28618
If the sponsor is the state board, its decision to terminate a	28619
contract under division (B)(3) of this section shall be final.	28620

(5) The termination of a contract under this section shall be	28621
effective upon the occurrence of the later of the following	28622
events:	28623

(a) Ninety days following the date the sponsor notifies the	28624
school of its decision to terminate the contract as prescribed in	28625
division (B)(3) of this section;	28626

(b) If an informal hearing is requested under division (B)(3)	28627
of this section and as a result of that hearing the sponsor	28628
affirms its decision to terminate the contract, the effective date	28629
of the termination specified in the notice issued under division	28630
(B)(3) of this section, or if that decision is appealed to the	28631
state board under division (B)(4) of this section and the state	28632
board affirms that decision, the date established in the	28633
resolution of the state board affirming the sponsor's decision.	28634

(6) Any community school whose contract is terminated under	28635
this division shall not enter into a contract with any other	28636
sponsor.	28637

(C) A child attending a community school whose contract has	28638
been terminated, nonrenewed, or suspended or that closes for any	28639
reason shall be admitted to the schools of the district in which	28640
the child is entitled to attend under section 3313.64 or 3313.65	28641
of the Revised Code. Any deadlines established for the purpose of	28642
admitting students under section 3313.97 or 3313.98 of the Revised	28643
Code shall be waived for students to whom this division pertains.	28644

(D) If a community school does not intend to renew a contract	28645
with its sponsor, the community school shall notify its sponsor in	28646
writing of that fact at least one hundred eighty days prior to the	28647
expiration of the contract. Such a community school may enter into	28648
a contract with a new sponsor in accordance with section 3314.03	28649
of the Revised Code upon the expiration of the previous contract.	28650

(E) A sponsor of a community school and the officers,	28651
directors, or employees of such a sponsor are not liable in	28652
damages in a tort or other civil action for harm allegedly arising	28653
from either of the following:	28654

(1) A failure of the community school or any of its officers,	28655
directors, or employees to perform any statutory or common law	28656
duty or responsibility or any other legal obligation;	28657

(2) An action or omission of the community school or any of	28658
its officers, directors, or employees that results in harm.	28659

~~(E)~~(F) As used in this section:

28660

(1) "Harm" means injury, death, or loss to person or	28661
property.	28662

(2) "Tort action" means a civil action for damages for	28663
injury, death, or loss to person or property other than a civil	28664
action for damages for a breach of contract or another agreement	28665
between persons.	28666

Sec. 3314.08. (A) As used in this section:

28667

(1) "Base formula amount" means the amount specified as such	28668
in a community school's financial plan for a school year pursuant	28669
to division (A)(15) of section 3314.03 of the Revised Code.	28670

(2) "Cost-of-doing-business factor" has the same meaning as	28671
in section 3317.02 of the Revised Code.	28672

(3) "IEP" means an individualized education program as	28673
defined in section 3323.01 of the Revised Code.	28674

(4) "Applicable special education weight" means the multiple	28675
specified in section 3317.013 of the Revised Code for a handicap	28676
described in that section.	28677

(5) "Applicable vocational education weight" means:

28678

(a) For a student enrolled in vocational education programs	28679
or classes described in division (A) of section 3317.014 of the	28680
Revised Code, the multiple specified in that division;	28681

(b) For a student enrolled in vocational education programs	28682
or classes described in division (B) of section 3317.014 of the	28683
Revised Code, the multiple specified in that division.	28684

(6) "Entitled to attend school" means entitled to attend	28685
school in a district under section 3313.64 or 3313.65 of the	28686
Revised Code.	28687

(7) A community school student is "included in the DPIA	28688
student count" of a school district if the student is entitled to	28689
attend school in the district and:	28690

(a) For school years prior to fiscal year 2004, the student's	28691
family receives assistance under the Ohio works first program.	28692

(b) For school years in and after fiscal year 2004, the	28693
student's family income does not exceed the federal poverty	28694
guidelines, as defined in section 5101.46 of the Revised Code, and	28695
the student's family receives family assistance, as defined in	28696
section 3317.029 of the Revised Code.	28697

(8) "DPIA reduction factor" means the percentage figure, if	28698
any, for reducing the per pupil amount of disadvantaged pupil	28699
impact aid a community school is entitled to receive pursuant to	28700
divisions (D)(5) and (6) of this section in any year, as specified	28701
in the school's financial plan for the year pursuant to division	28702
(A)(15) of section 3314.03 of the Revised Code.	28703

(9) "All-day kindergarten" has the same meaning as in section	28704
3317.029 of the Revised Code.	28705

(10) "SF-3 payment" means the sum of the payments to a school	28706
district in a fiscal year under divisions (A), (C)(1), (C)(4),	28707
(D), (E), and (F) of section 3317.022, divisions (J), (P), and (R)	28708
of section 3317.024, and sections 3317.029, 3317.0212, 3317.0213,	28709
3317.0216, 3317.0217, 3317.04, 3317.05, 3317.052, and 3317.053 of	28710
the Revised Code after making the adjustments required by sections	28711
3313.981 and 3313.979, divisions (B), (C), (D), (E), (K), (L), and	28712
(M) of section 3317.023, and division (C) of section 3317.20 of	28713
the Revised Code.	28714

(B) The state board of education shall adopt rules requiring	28715
both of the following:	28716

(1) The board of education of each city, exempted village,	28717
and local school district to annually report the number of	28718
students entitled to attend school in the district who are	28719
enrolled in grades one through twelve in a community school	28720
established under this chapter, the number of students entitled to	28721
attend school in the district who are enrolled in kindergarten in	28722
a community school, the number of those kindergartners who are	28723
enrolled in all-day kindergarten in their community school, and	28724
for each child, the community school in which the child is	28725
enrolled.	28726

(2) The governing authority of each community school	28727
established under this chapter to annually report all of the	28728
following:	28729

(a) The number of students enrolled in grades one through	28730
twelve and the number of students enrolled in kindergarten in the	28731
school who are not receiving special education and related	28732
services pursuant to an IEP;	28733

(b) The number of enrolled students in grades one through	28734
twelve and the number of enrolled students in kindergarten, who	28735
are receiving special education and related services pursuant to	28736
an IEP;	28737

(c) The number of students reported under division (B)(2)(b)	28738
of this section receiving special education and related services	28739
pursuant to an IEP for a handicap described in each of divisions	28740
(A) to (F) of section 3317.013 of the Revised Code;	28741

(d) The full-time equivalent number of students reported	28742
under divisions (B)(2)(a) and (b) of this section who are enrolled	28743
in vocational education programs or classes described in each of	28744
divisions (A) and (B) of section 3317.014 of the Revised Code that	28745
are provided by the community school;	28746

(e) ~~One-fourth~~Twenty per cent of the number of students	28747
reported under divisions (B)(2)(a) and (b) of this section who are	28748
not reported under division (B)(2)(d) of this section but who are	28749
enrolled in vocational education programs or classes described in	28750
each of divisions (A) and (B) of section 3317.014 of the Revised	28751
Code at a joint vocational school district under a contract	28752
between the community school and the joint vocational school	28753
district and are entitled to attend school in a city, local, or	28754
exempted village school district whose territory is part of the	28755
territory of the joint vocational district;	28756

(f) The number of enrolled preschool handicapped students	28757
receiving special education services in a state-funded unit;	28758

(g) The community school's base formula amount;

28759

(h) For each student, the city, exempted village, or local	28760
school district in which the student is entitled to attend school;	28761

(i) Any DPIA reduction factor that applies to a school year.

28762

(C) From the ~~payments~~SF-3 payment made to a city, exempted	28763
village, or local school district ~~under Chapter 3317. of the~~	28764
~~Revised Code~~ and, if necessary, from the payment made to the	28765
district under sections ~~321.14~~321.24 and 323.156 of the Revised	28766
Code, the department of education shall annually subtract ~~all~~the	28767
sum of the ~~following:~~amounts described in divisions (C)(1) to (6)	28768
of this section. However, the aggregate amount deducted under this	28769
division shall not exceed the sum of the district's SF-3 payment	28770
and its payment under sections 321.24 and 323.156 of the Revised	28771
Code.	28772

(1) An amount equal to the sum of the amounts obtained when,	28773
for each community school where the district's students are	28774
enrolled, the number of the district's students reported under	28775
divisions (B)(2)(a), (b), and (e) of this section who are enrolled	28776
in grades one through twelve, and one-half the number of students	28777
reported under those divisions who are enrolled in kindergarten,	28778
in that community school is multiplied by the base formula amount	28779
of that community school as adjusted by the school district's	28780
cost-of-doing-business factor.	28781

(2) The sum of the amounts calculated under divisions	28782
(C)(2)(a) and (b) of this section:	28783

(a) For each of the district's students reported under	28784
division (B)(2)(c) of this section as enrolled in a community	28785
school in grades one through twelve and receiving special	28786
education and related services pursuant to an IEP for a handicap	28787
described in section 3317.013 of the Revised Code, the product of	28788
the applicable special education weight times the community	28789
school's base formula amount;	28790

(b) For each of the district's students reported under	28791
division (B)(2)(c) of this section as enrolled in kindergarten in	28792
a community school and receiving special education and related	28793
services pursuant to an IEP for a handicap described in section	28794
3317.013 of the Revised Code, one-half of the amount calculated as	28795
prescribed in division (C)(2)(a) of this section.	28796

(3) For each of the district's students reported under	28797
division (B)(2)(d) of this section for whom payment is made under	28798
division (D)(4) of this section, the amount of that payment;	28799

(4) An amount equal to the sum of the amounts obtained when,	28800
for each community school where the district's students are	28801
enrolled, the number of the district's students enrolled in that	28802
community school who are included in the district's DPIA student	28803
count is multiplied by the per pupil amount of disadvantaged pupil	28804
impact aid the school district receives that year pursuant to	28805
division (B) or (C) of section 3317.029 of the Revised Code, as	28806
adjusted by any DPIA reduction factor of that community school. If	28807
the district receives disadvantaged pupil impact aid under	28808
division (B) of that section, the per pupil amount of that aid is	28809
the quotient of the amount the district received under that	28810
division divided by the district's DPIA student count, as defined	28811
in that section. If the district receives disadvantaged pupil	28812
impact aid under division (C) of section 3317.029 of the Revised	28813
Code, the per pupil amount of that aid is the per pupil dollar	28814
amount prescribed for the district in division (C)(1) or (2) of	28815
that section.	28816

(5) An amount equal to the sum of the amounts obtained when,	28817
for each community school where the district's students are	28818
enrolled, the district's per pupil amount of aid received under	28819
division (E) of section 3317.029 of the Revised Code, as adjusted	28820
by any DPIA reduction factor of the community school, is	28821
multiplied by the sum of the following:	28822

(a) The number of the district's students reported under	28823
division (B)(2)(a) of this section who are enrolled in grades one	28824
to three in that community school and who are not receiving	28825
special education and related services pursuant to an IEP;	28826

(b) One-half of the district's students who are enrolled in	28827
all-day or any other kindergarten class in that community school	28828
and who are not receiving special education and related services	28829
pursuant to an IEP;	28830

(c) One-half of the district's students who are enrolled in	28831
all-day kindergarten in that community school and who are not	28832
receiving special education and related services pursuant to an	28833
IEP.	28834

The district's per pupil amount of aid under division (E) of	28835
section 3317.029 of the Revised Code is the quotient of the amount	28836
the district received under that division divided by the	28837
district's kindergarten through third grade ADM, as defined in	28838
that section.	28839

(6) An amount equal to the per pupil state parity aid funding	28840
calculated for the school district under either division (C) or	28841
(D) of section 3317.0217 of the Revised Code multiplied by the sum	28842
of the number of students in grades one through twelve, and	28843
one-half of the number of students in kindergarten, who are	28844
entitled to attend school in the district and are enrolled in a	28845
community school as reported under division (B)(1) of this	28846
section.	28847

(D) The department shall annually pay to a community school	28848
established under this chapter ~~all~~the sum of the ~~following:~~	28849
amounts described in divisions (D)(1) to (7) of this section.	28850
However, the sum of the payments to all community schools under	28851
divisions (D)(1), (2), (4), (5), (6), and (7) of this section for	28852
the students entitled to attend school in any particular school	28853
district shall not exceed the sum of that district's SF-3 payment	28854
and its payment under sections 321.24 and 323.156 of the Revised	28855
Code. If the sum of the payments calculated under those divisions	28856
for the students entitled to attend school in a particular school	28857
district exceeds the sum of that district's SF-3 payment and its	28858
payment under sections 321.24 and 323.156 of the Revised Code, the	28859
department shall calculate and apply a proration factor to the	28860
payments to all community schools under those divisions for the	28861
students entitled to attend school in that district.	28862

(1) An amount equal to the sum of the amounts obtained when	28863
the number of students enrolled in grades one through twelve, plus	28864
one-half of the kindergarten students in the school, reported	28865
under divisions (B)(2)(a), (b), and (e) of this section who are	28866
not receiving special education and related services pursuant to	28867
an IEP for a handicap described in section 3317.013 of the Revised	28868
Code is multiplied by the community school's base formula amount,	28869
as adjusted by the cost-of-doing-business factor of the school	28870
district in which the student is entitled to attend school;	28871

(2) The greater of the following:

28872

(a) The aggregate amount that the department paid to the	28873
community school in fiscal year 1999 for students receiving	28874
special education and related services pursuant to IEPs, excluding	28875
federal funds and state disadvantaged pupil impact aid funds;	28876

(b) The sum of the amounts calculated under divisions	28877
(D)(2)(b)(i) and (ii) of this section:	28878

(i) For each student reported under division (B)(2)(c) of	28879
this section as enrolled in the school in grades one through	28880
twelve and receiving special education and related services	28881
pursuant to an IEP for a handicap described in section 3317.013 of	28882
the Revised Code, the following amount:	28883

(the community school's base formula amount

28884

X the cost-of-doing-business factor

28885

of the district where the student

28886

is entitled to attend school) +	28887

(the applicable special education weight X

28888

the community school's base formula amount);

28889

(ii) For each student reported under division (B)(2)(c) of	28890
this section as enrolled in kindergarten and receiving special	28891
education and related services pursuant to an IEP for a handicap	28892
described in section 3317.013 of the Revised Code, one-half of the	28893
amount calculated under the formula prescribed in division	28894
(D)(2)(b)(i) of this section.	28895

(3) An amount received from federal funds to provide special	28896
education and related services to students in the community	28897
school, as determined by the superintendent of public instruction.	28898

(4) For each student reported under division (B)(2)(d) of	28899
this section as enrolled in vocational education programs or	28900
classes that are described in section 3317.014 of the Revised	28901
Code, are provided by the community school, and are comparable as	28902
determined by the superintendent of public instruction to school	28903
district vocational education programs and classes eligible for	28904
state weighted funding under section 3317.014 of the Revised Code,	28905
an amount equal to the applicable vocational education weight	28906
times the community school's base formula amount times the	28907
percentage of time the student spends in the vocational education	28908
programs or classes.	28909

(5) An amount equal to the sum of the amounts obtained when,	28910
for each school district where the community school's students are	28911
entitled to attend school, the number of that district's students	28912
enrolled in the community school who are included in the	28913
district's DPIA student count is multiplied by the per pupil	28914
amount of disadvantaged pupil impact aid that school district	28915
receives that year pursuant to division (B) or (C) of section	28916
3317.029 of the Revised Code, as adjusted by any DPIA reduction	28917
factor of the community school. The per pupil amount of aid shall	28918
be determined as described in division (C)(4) of this section.	28919

(6) An amount equal to the sum of the amounts obtained when,	28920
for each school district where the community school's students are	28921
entitled to attend school, the district's per pupil amount of aid	28922
received under division (E) of section 3317.029 of the Revised	28923
Code, as adjusted by any DPIA reduction factor of the community	28924
school, is multiplied by the sum of the following:	28925

(a) The number of the district's students reported under	28926
division (B)(2)(a) of this section who are enrolled in grades one	28927
to three in that community school and who are not receiving	28928
special education and related services pursuant to an IEP;	28929

(b) One-half of the district's students who are enrolled in	28930
all-day or any other kindergarten class in that community school	28931
and who are not receiving special education and related services	28932
pursuant to an IEP;	28933

(c) One-half of the district's students who are enrolled in	28934
all-day kindergarten in that community school and who are not	28935
receiving special education and related services pursuant to an	28936
IEP.	28937

The district's per pupil amount of aid under division (E) of	28938
section 3317.029 of the Revised Code shall be determined as	28939
described in division (C)(5) of this section.	28940

(7) An amount equal to the sum of the amounts obtained when,	28941
for each school district where the community school's students are	28942
entitled to attend school, the district's per pupil amount of	28943
state parity aid funding calculated under either division (C) or	28944
(D) of section 3317.0217 of the Revised Code is multiplied by the	28945
sum of the number of that district's students enrolled in grades	28946
one through twelve, and one-half of the number of that district's	28947
students enrolled in kindergarten, in the community school as	28948
reported under division (B)(2)(a) and (b) of this section.	28949

(E)(1) If a community school's costs for a fiscal year for a	28950
student receiving special education and related services pursuant	28951
to an IEP for a handicap described in divisions (B) to (F) of	28952
section 3317.013 of the Revised Code exceed the threshold	28953
catastrophic cost for serving the student as specified in division	28954
(C)(3)(b) of section 3317.022 of the Revised Code, the school may	28955
submit to the superintendent of public instruction documentation,	28956
as prescribed by the superintendent, of all its costs for that	28957
student. Upon submission of documentation for a student of the	28958
type and in the manner prescribed, the department shall pay to the	28959
community school an amount equal to the school's costs for the	28960
student in excess of the threshold catastrophic costs.	28961

(2) The community school shall only report under division	28962
(E)(1) of this section, and the department shall only pay for, the	28963
costs of educational expenses and the related services provided to	28964
the student in accordance with the student's individualized	28965
education program. Any legal fees, court costs, or other costs	28966
associated with any cause of action relating to the student may	28967
not be included in the amount.	28968

(F) A community school may apply to the department of	28969
education for preschool handicapped or gifted unit funding the	28970
school would receive if it were a school district. Upon request of	28971
its governing authority, a community school that received unit	28972
funding as a school district-operated school before it became a	28973
community school shall retain any units awarded to it as a school	28974
district-operated school provided the school continues to meet	28975
eligibility standards for the unit.	28976

A community school shall be considered a school district and	28977
its governing authority shall be considered a board of education	28978
for the purpose of applying to any state or federal agency for	28979
grants that a school district may receive under federal or state	28980
law or any appropriations act of the general assembly. The	28981
governing authority of a community school may apply to any private	28982
entity for additional funds.	28983

(G) A board of education sponsoring a community school may	28984
utilize local funds to make enhancement grants to the school or	28985
may agree, either as part of the contract or separately, to	28986
provide any specific services to the community school at no cost	28987
to the school.	28988

(H) A community school may not levy taxes or issue bonds	28989
secured by tax revenues.	28990

(I) No community school shall charge tuition for the	28991
enrollment of any student.	28992

(J)(1)(a) A community school may borrow money to pay any	28993
necessary and actual expenses of the school in anticipation of the	28994
receipt of any portion of the payments to be received by the	28995
school pursuant to division (D) of this section. The school may	28996
issue notes to evidence such borrowing . The proceeds of the notes	28997
shall be used only for the purposes for which the anticipated	28998
receipts may be lawfully expended by the school.	28999

(b) A school may also borrow money for a term not to exceed	29000
fifteen years for the purpose of acquiring facilities.	29001

(2) Except for any amount guaranteed under section 3318.50 of	29002
the Revised Code, the state is not liable for debt incurred by the	29003
governing authority of a community school.	29004

(K) For purposes of determining the number of students for	29005
which divisions (D)(5) and (6) of this section applies in any	29006
school year, a community school may submit to the department of	29007
job and family services, no later than the first day of March, a	29008
list of the students enrolled in the school. For each student on	29009
the list, the community school shall indicate the student's name,	29010
address, and date of birth and the school district where the	29011
student is entitled to attend school. Upon receipt of a list under	29012
this division, the department of job and family services shall	29013
determine, for each school district where one or more students on	29014
the list is entitled to attend school, the number of students	29015
residing in that school district who were included in the	29016
department's report under section 3317.10 of the Revised Code. The	29017
department shall make this determination on the basis of	29018
information readily available to it. Upon making this	29019
determination and no later than ninety days after submission of	29020
the list by the community school, the department shall report to	29021
the state department of education the number of students on the	29022
list who reside in each school district who were included in the	29023
department's report under section 3317.10 of the Revised Code. In	29024
complying with this division, the department of job and family	29025
services shall not report to the state department of education any	29026
personally identifiable information on any student.	29027

(L) The department of education shall adjust the amounts	29028
subtracted and paid under divisions (C) and (D) of this section to	29029
reflect any enrollment of students in community schools for less	29030
than the equivalent of a full school year. The state board of	29031
education within ninety days after ~~the effective date of this~~	29032
~~amendment~~April 8, 2003, shall adopt in accordance with Chapter	29033
119. of the Revised Code rules governing the payments to community	29034
schools under this section including initial payments in a school	29035
year and adjustments and reductions made in subsequent periodic	29036
payments to community schools and corresponding deductions from	29037
school district accounts as provided under divisions (C) and (D)	29038
of this section. For purposes of this section:	29039

(1) A student shall be considered enrolled in the community	29040
school for any portion of the school year the student is	29041
participating at a college under Chapter 3365. of the Revised	29042
Code.	29043

(2) A student shall be considered to be enrolled in a	29044
community school during a school year for the period of time	29045
between the date on which the school both has received	29046
documentation of the student's enrollment from a parent and has	29047
commenced participation in learning opportunities as defined in	29048
the contract with the sponsor. For purposes of applying this	29049
division to a community school student, "learning opportunities"	29050
shall be defined in the contract, which shall describe both	29051
classroom-based and non-classroom-based learning opportunities and	29052
shall be in compliance with criteria and documentation	29053
requirements for student participation which shall be established	29054
by the department. Any student's instruction time in	29055
non-classroom-based learning opportunities shall be certified by	29056
an employee of the community school. A student's enrollment shall	29057
be considered to cease on the date on which any of the following	29058
occur:	29059

(a) The community school receives documentation from a parent	29060
terminating enrollment of the student.	29061

(b) The community school is provided documentation of a	29062
student's enrollment in another public or private school.	29063

(c) The community school ceases to offer learning	29064
opportunities to the student pursuant to the terms of the contract	29065
with the sponsor or the operation of any provision of this	29066
chapter.	29067

(3) A student's percentage of full-time equivalency shall be	29068
considered to be the percentage the hours of learning opportunity	29069
offered to that student is of nine hundred and twenty hours.	29070

(M) The department of education shall reduce the amounts paid	29071
under division (D) of this section to reflect payments made to	29072
colleges under division (B) of section 3365.07 of the Revised	29073
Code.	29074

(N)(1) No student shall be considered enrolled in any	29075
internet- or computer-based community school unless ~~the~~both of	29076
the following conditions are satisfied:	29077

(a) The student possesses or has been provided with all	29078
required hardware and software materials and all such materials	29079
are ~~fully~~ operational ~~and the~~so that the student is capable of	29080
fully participating in the learning opportunities specified in the	29081
contract between the school and the school's sponsor as required	29082
by division (A)(23) of section 3314.03 of the Revised Code;	29083

(b) The school is in compliance with division (A)(1) or (2)	29084
of section 3314.032 of the Revised Code, relative to such student.	29085
In	29086

(2) In accordance with policies adopted jointly by the	29087
superintendent of public instruction and the auditor of state, the	29088
department shall reduce the amounts otherwise payable under	29089
division (D) of this section to any internet- or computer-based	29090
community school that includes in its program the provision of	29091
computer hardware and software materials to each student, if such	29092
hardware and software materials have not been delivered,	29093
installed, and activated for all students in a timely manner or	29094
other educational materials or services have not been provided	29095
according to the contract between the individual community school	29096
and its sponsor.	29097

The superintendent of public instruction and the auditor of	29098
state shall jointly establish a method for auditing any community	29099
school to which this division pertains to ensure compliance with	29100
this section.	29101

The superintendent, auditor of state, and the governor shall	29102
jointly make recommendations to the general assembly for	29103
legislative changes that may be required to assure fiscal and	29104
academic accountability for such internet- or computer-based	29105
schools.	29106

(O)(1) If the department determines that a review of a	29107
community school's enrollment is necessary, such review shall be	29108
completed and written notice of the findings shall be provided to	29109
the governing authority of the community school and its sponsor	29110
within ninety days of the end of the community school's fiscal	29111
year, unless extended for a period not to exceed thirty additional	29112
days for one of the following reasons:	29113

(a) The department and the community school mutually agree to	29114
the extension.	29115

(b) Delays in data submission caused by either a community	29116
school or its sponsor.	29117

(2) If the review results in a finding that additional	29118
funding is owed to the school, such payment shall be made within	29119
thirty days of the written notice. If the review results in a	29120
finding that the community school owes moneys to the state, the	29121
following procedure shall apply:	29122

(a) Within ten business days of the receipt of the notice of	29123
findings, the community school may appeal the department's	29124
determination to the state board of education or its designee.	29125

(b) The board or its designee shall conduct an informal	29126
hearing on the matter within thirty days of receipt of such an	29127
appeal and shall issue a decision within fifteen days of the	29128
conclusion of the hearing.	29129

(c) If the board has enlisted a designee to conduct the	29130
hearing, the designee shall certify its decision to the board. The	29131
board may accept the decision of the designee or may reject the	29132
decision of the designee and issue its own decision on the matter.	29133

(d) Any decision made by the board under this division is	29134
final.	29135

(3) If it is decided that the community school owes moneys to	29136
the state, the department shall deduct such amount from the	29137
school's future payments in accordance with guidelines issued by	29138
the superintendent of public instruction.	29139

Sec. 3314.083. If the department of education pays a joint	29140
vocational school district under division (G)(4) of section	29141
3317.16 of the Revised Code for excess costs of providing special	29142
education and related services to a handicapped student who is	29143
enrolled in a community school, as calculated under division	29144
(G)(2) of that section, the department shall deduct the amount of	29145
that payment from the amount calculated for payment to the	29146
community school under section 3314.08 of the Revised Code.	29147

Sec. 3314.17. (A) Each community school established under	29148
this chapter shall participate in the statewide education	29149
management information system established under section 3301.0714	29150
of the Revised Code. All provisions of that section and the rules	29151
adopted under that section apply to each community school as if it	29152
were a school district, except as modified for community schools	29153
under division (B) of this section.	29154

(B) The rules adopted by the state board of education under	29155
section 3301.0714 of the Revised Code may distinguish methods and	29156
timelines for community schools to annually report data, which	29157
methods and timelines differ from those prescribed for school	29158
districts. Any methods and timelines prescribed for community	29159
schools shall be appropriate to the academic schedule and	29160
financing of community schools. The guidelines, however, shall not	29161
modify the actual data required to be reported under that section.	29162

(C) Each fiscal officer appointed under section 3314.011 of	29163
the Revised Code is responsible for annually reporting the	29164
community school's data under section 3301.0714 of the Revised	29165
Code. If the superintendent of public instruction determines that	29166
a community school fiscal officer has willfully failed to report	29167
data or has willfully reported erroneous, inaccurate, or	29168
incomplete data in any year, or has negligently reported	29169
erroneous, inaccurate, or incomplete data in the current and any	29170
previous year, the superintendent may impose a civil penalty of	29171
one hundred dollars on the fiscal officer after providing the	29172
officer with notice and an opportunity for a hearing in accordance	29173
with Chapter 119. of the Revised Code. The superintendent's	29174
authority to impose civil penalties under this division does not	29175
preclude the state board of education from suspending or revoking	29176
the license of a community school employee under division (N) of	29177
section 3301.0714 of the Revised Code.	29178

(D) No community school shall acquire, change, or update its	29179
student administration software package to manage and report data	29180
required to be reported to the department unless it converts to a	29181
student software package that is certified by the department.	29182

Sec. 3316.031. (A) The state superintendent of public	29183
instruction, in consultation with the auditor of state, shall	29184
develop guidelines for identifying fiscal practices and budgetary	29185
conditions that, if uncorrected, could result in a future	29186
declaration of a fiscal watch or fiscal emergency within a school	29187
district.	29188

The guidelines shall not include a requirement that a school	29189
district submit financial statements according to generally	29190
accepted accounting principles.	29191

(B)(1) If the state superintendent determines from a school	29192
district's five-year forecast submitted under section 5705.391 of	29193
the Revised Code that a district is engaging in any of those	29194
practices or that any of those conditions exist within the	29195
district, after consulting with the district board of education	29196
concerning the practices or conditions, the state superintendent	29197
may declare the district to be under a fiscal caution.	29198

(2) If the auditor of state finds that a district is engaging	29199
in any of those practices or that any of those conditions exist	29200
within the district, the auditor of state shall report that	29201
finding to the state superintendent and, after consulting with the	29202
district board of education concerning the practices or	29203
conditions, the state superintendent may declare the district to	29204
be under a fiscal caution.	29205

(3) Unless the auditor of state has elected to declare a	29206
state of fiscal watch under division (A)(4) of section 3316.03 of	29207
the Revised Code, the state superintendent shall declare a school	29208
district to be under a fiscal caution if the conditions described	29209
in divisions (A)(4)(a) and (b) of that section are both satisfied	29210
with respect to the school district.	29211

(C) When the state superintendent declares a district to be	29212
under fiscal caution, the state superintendent shall promptly	29213
notify the district board of education of that declaration and	29214
shall request the board to provide written proposals for	29215
discontinuing or correcting the fiscal practices or budgetary	29216
conditions that prompted the declaration and for preventing the	29217
district from experiencing further fiscal difficulties that could	29218
result in the district being declared to be in a state of fiscal	29219
watch or fiscal emergency.	29220

(D) The state superintendent, or a designee, may visit and	29221
inspect any district that is declared to be under a fiscal	29222
caution. The department of education shall provide technical	29223
assistance to the district board in implementing proposals to	29224
eliminate the practices or budgetary conditions that prompted the	29225
declaration of fiscal caution and may make recommendations	29226
concerning the board's proposals.	29227

(E) If the state superintendent finds that a school district	29228
declared to be under a fiscal caution has not made reasonable	29229
proposals or otherwise taken action to discontinue or correct the	29230
fiscal practices or budgetary conditions that prompted the	29231
declaration of fiscal caution, and if the state superintendent	29232
considers it necessary to prevent further fiscal decline, the	29233
state superintendent may determine that the district should be in	29234
a state of fiscal watch. As provided in division (A)(3) of section	29235
3316.03 of the Revised Code, the auditor of state shall declare	29236
the district to be in a state of fiscal watch if the auditor of	29237
state finds the superintendent's determination to be reasonable.	29238

Sec. 3316.08. During a school district's fiscal emergency	29239
period, the auditor of state shall determine annually, or at any	29240
other time upon request of the financial planning and supervision	29241
commission, whether the school district will incur an operating	29242
deficit. If the auditor of state determines that a school district	29243
will incur an operating deficit, the auditor of state shall	29244
certify that determination to the superintendent of public	29245
instruction, the financial planning and supervision commission,	29246
and the board of education of the school district. Upon receiving	29247
the auditor of state's certification, the ~~board of education or~~	29248
commission shall adopt a resolution ~~to submit a ballot question~~	29249
~~proposing the levy of a tax~~requesting that the board of education	29250
work with the county auditor or tax commissioner to estimate the	29251
amount and rate of a tax levy that is needed under section	29252
5705.194 or 5705.21 or Chapter 5748. of the Revised Code to	29253
produce a positive fund balance not later than the fifth year of	29254
the five-year forecast submitted under section 5705.391 of the	29255
Revised Code. ~~Except~~	29256

The board of education shall recommend to the commission	29257
whether the board supports or opposes a tax levy under section	29258
5705.194 or 5705.21 or Chapter 5748. of the Revised Code and shall	29259
provide supporting documentation to the commission of its	29260
recommendation.	29261

After considering the board of education's recommendation and	29262
supporting documentation, the commission shall adopt a resolution	29263
to either submit a ballot question proposing a tax levy or not to	29264
submit such a question.	29265

Except as otherwise provided in this division, the tax shall	29266
be levied in the manner prescribed for a tax levied under section	29267
5705.194 or 5705.21 or under Chapter 5748. of the Revised Code.	29268
~~The~~If the commission decides that a tax ~~shall~~should be levied,	29269
the tax shall be levied for the purpose of paying current	29270
operating expenses of the school district. ~~The question shall~~	29271
~~propose that the tax be levied at the rate required to produce~~	29272
~~annual revenue sufficient to eliminate the operating deficit as~~	29273
~~certified by the auditor of state and to repay outstanding loans~~	29274
~~or other obligations incurred by the board of education for the~~	29275
~~purpose of reducing or eliminating operating deficits, as~~	29276
~~determined by the financial planning and supervision commission.~~	29277
The rate of a tax levied under section 5705.194 or 5705.21 of the	29278
Revised Code shall be determined by the county auditor, and the	29279
rate of a tax levied under section 5748.02 or 5748.08 of the	29280
Revised Code shall be determined by the tax commissioner, upon the	29281
request of the commission. The commission, in consultation with	29282
the board of education, shall determine the election at which the	29283
question of the tax shall appear on the ballot, and the ~~board of~~	29284
~~education or~~ commission shall submit a copy of its resolution to	29285
the board of elections not later than seventy-five days prior to	29286
the day of that election. The board of elections conducting the	29287
election shall certify the results of the election to the board of	29288
education and to the financial planning and supervision	29289
commission.	29290

Sec. 3317.012. (A)(1) The general assembly, having analyzed	29291
school district expenditure and cost data for fiscal year 1999,	29292
performed the calculation described in division (B) of this	29293
section, adjusted the results for inflation, and added the amounts	29294
described in division (A)(2) of this section, hereby determines	29295
that the base cost of an adequate education per pupil for the	29296
fiscal year beginning July 1, 2001, is $4,814. ~~For the five~~	29297
~~following fiscal years, the~~The base cost per pupil ~~for each of~~	29298
~~those years~~, reflecting an annual rate of inflation of two and	29299
eight-tenths per cent, is $4,949 for fiscal year 2003~~, $5,088~~. The	29300
base cost per pupil, reflecting an annual rate of inflation of two	29301
and two-tenths per cent, is $5,058 for fiscal year 2004~~, $5,230~~	29302
and $5,169 for fiscal year 2005~~, $5,376 for fiscal year 2006, and~~	29303
~~$5,527 for fiscal year 2007~~.	29304

(2) The base cost per pupil amounts specified in division	29305
(A)(1) of this section include amounts to reflect the cost to	29306
school districts of increasing the minimum number of high school	29307
academic units required for graduation beginning September 15,	29308
2001, under section 3313.603 of the Revised Code. Analysis of	29309
fiscal year 1999 data revealed that the school districts meeting	29310
the requirements of division (B) of this section on average	29311
required high school students to complete a minimum of nineteen	29312
and eight-tenths units to graduate. The general assembly	29313
determines that the cost of funding the additional two-tenths unit	29314
required by section 3313.603 of the Revised Code is $12 per pupil	29315
in fiscal year 2002. This amount was added after the calculation	29316
described in division (B) of this section and the adjustment for	29317
inflation from fiscal year 1999 to fiscal year 2002. It is this	29318
total amount, the calculated base cost plus the supplement to pay	29319
for the additional partial unit, that constitutes the base cost	29320
amount specified in division (A)(1) of this section for fiscal	29321
year 2002 and that is inflated to produce the base cost amounts	29322
for fiscal years 2003 through ~~2007~~2005.	29323

(B) In determining the base cost stated in division (A) of	29324
this section, capital and debt costs, costs paid for by federal	29325
funds, and costs covered by funds provided for disadvantaged pupil	29326
impact aid and transportation were excluded, as were the effects	29327
on the districts' state funds of the application of the	29328
cost-of-doing-business factors, assuming a seven and one-half per	29329
cent variance.	29330

The base cost for fiscal year 1999 was calculated as the	29331
unweighted average cost per student, on a school district basis,	29332
of educating students who were not receiving vocational education	29333
or services pursuant to Chapter 3323. of the Revised Code and who	29334
were enrolled in a city, exempted village, or local school	29335
district that in fiscal year 1999 met all of the following	29336
criteria:	29337

(1) The district met at least twenty of the following	29338
twenty-seven performance indicators:	29339

(a) A ninety per cent or higher graduation rate;

29340

(b) At least seventy-five per cent of fourth graders	29341
proficient on the mathematics test prescribed under former	29342
division (A)(1) of section 3301.0710 of the Revised Code;	29343

(c) At least seventy-five per cent of fourth graders	29344
proficient on the reading test prescribed under former division	29345
(A)(1) of section 3301.0710 of the Revised Code;	29346

(d) At least seventy-five per cent of fourth graders	29347
proficient on the writing test prescribed under former division	29348
(A)(1) of section 3301.0710 of the Revised Code;	29349

(e) At least seventy-five per cent of fourth graders	29350
proficient on the citizenship test prescribed under former	29351
division (A)(1) of section 3301.0710 of the Revised Code;	29352

(f) At least seventy-five per cent of fourth graders	29353
proficient on the science test prescribed under former division	29354
(A)(1) of section 3301.0710 of the Revised Code;	29355

(g) At least seventy-five per cent of sixth graders	29356
proficient on the mathematics test prescribed under former	29357
division (A)(2) of section 3301.0710 of the Revised Code;	29358

(h) At least seventy-five per cent of sixth graders	29359
proficient on the reading test prescribed under former division	29360
(A)(2) of section 3301.0710 of the Revised Code;	29361

(i) At least seventy-five per cent of sixth graders	29362
proficient on the writing test prescribed under former division	29363
(A)(2) of section 3301.0710 of the Revised Code;	29364

(j) At least seventy-five per cent of sixth graders	29365
proficient on the citizenship test prescribed under former	29366
division (A)(2) of section 3301.0710 of the Revised Code;	29367

(k) At least seventy-five per cent of sixth graders	29368
proficient on the science test prescribed under former division	29369
(A)(2) of section 3301.0710 of the Revised Code;	29370

(l) At least seventy-five per cent of ninth graders	29371
proficient on the mathematics test prescribed under Section 4 of	29372
Am. Sub. S.B. 55 of the 122nd general assembly;	29373

(m) At least seventy-five per cent of ninth graders	29374
proficient on the reading test prescribed under Section 4 of Am.	29375
Sub. S.B. 55 of the 122nd general assembly;	29376

(n) At least seventy-five per cent of ninth graders	29377
proficient on the writing test prescribed under Section 4 of Am.	29378
Sub. S.B. 55 of the 122nd general assembly;	29379

(o) At least seventy-five per cent of ninth graders	29380
proficient on the citizenship test prescribed under Section 4 of	29381
Am. Sub. S.B. 55 of the 122nd general assembly;	29382

(p) At least seventy-five per cent of ninth graders	29383
proficient on the science test prescribed under Section 4 of Am.	29384
Sub. S.B. 55 of the 122nd general assembly;	29385

(q) At least eighty-five per cent of tenth graders proficient	29386
on the mathematics test prescribed under Section 4 of Am. Sub.	29387
S.B. 55 of the 122nd general assembly;	29388

(r) At least eighty-five per cent of tenth graders proficient	29389
on the reading test prescribed under Section 4 of Am. Sub. S.B. 55	29390
of the 122nd general assembly;	29391

(s) At least eighty-five per cent of tenth graders proficient	29392
on the writing test prescribed under Section 4 of Am. Sub. S.B. 55	29393
of the 122nd general assembly;	29394

(t) At least eighty-five per cent of tenth graders proficient	29395
on the citizenship test prescribed under Section 4 of Am. Sub.	29396
S.B. 55 of the 122nd general assembly;	29397

(u) At least eighty-five per cent of tenth graders proficient	29398
on the science test prescribed under Section 4 of Am. Sub. S.B. 55	29399
of the 122nd general assembly;	29400

(v) At least sixty per cent of twelfth graders proficient on	29401
the mathematics test prescribed under former division (A)(3) of	29402
section 3301.0710 of the Revised Code;	29403

(w) At least sixty per cent of twelfth graders proficient on	29404
the reading test prescribed under former division (A)(3) of	29405
section 3301.0710 of the Revised Code;	29406

(x) At least sixty per cent of twelfth graders proficient on	29407
the writing test prescribed under former division (A)(3) of	29408
section 3301.0710 of the Revised Code;	29409

(y) At least sixty per cent of twelfth graders proficient on	29410
the citizenship test prescribed under former division (A)(3) of	29411
section 3301.0710 of the Revised Code;	29412

(z) At least sixty per cent of twelfth graders proficient on	29413
the science test prescribed under former division (A)(3) of	29414
section 3301.0710 of the Revised Code;	29415

(aa) An attendance rate for the year of at least ninety-three	29416
per cent as defined in section 3302.01 of the Revised Code.	29417

In determining whether a school district met any of the	29418
performance standards specified in divisions (B)(1)(a) to (aa) of	29419
this section, the general assembly used a rounding procedure	29420
previously recommended by the department of education. It is the	29421
same rounding procedure the general assembly used in 1998 to	29422
determine whether a district had met the standards of former	29423
divisions (B)(1)(a) to (r) of this section for purposes of	29424
constructing the previous model based on fiscal year 1996 data.	29425

(2) The district was not among the five per cent of all	29426
districts with the highest income, nor among the five per cent of	29427
all districts with the lowest income.	29428

(3) The district was not among the five per cent of all	29429
districts with the highest valuation per pupil, nor among the five	29430
per cent of all districts with the lowest valuation per pupil.	29431

This model for calculating the base cost of an adequate	29432
education is expenditure-based. The general assembly recognizes	29433
that increases in state funding to school districts since fiscal	29434
year 1996, the fiscal year upon which the general assembly based	29435
its model for calculating state funding to school districts for	29436
fiscal years 1999 through 2001, has increased school district base	29437
cost expenditures for fiscal year 1999, the fiscal year upon which	29438
the general assembly based its model for calculating state funding	29439
for fiscal years 2002 through ~~2007~~2005. In the case of school	29440
districts included in the fiscal year 1999 model that also had met	29441
the fiscal year 1996 performance criteria of former division	29442
(B)(1) of this section, the increased state funding may have	29443
driven the districts' expenditures beyond the expenditures that	29444
were actually needed to maintain their educational programs at the	29445
level necessary to maintain their ability to meet the fiscal year	29446
1999 performance criteria of current division (B)(1) of this	29447
section. The general assembly has determined to control for this	29448
effect by stipulating in the later model that the fiscal year 1999	29449
base cost expenditures of the districts that also met the	29450
performance criteria of former division (B)(1) of this section	29451
equals their base cost expenditures per pupil for fiscal year	29452
1996, inflated to fiscal year 1999 using an annual rate of	29453
inflation of two and eight-tenths per cent. However, if this	29454
inflated amount exceeded the district's actual fiscal year 1999	29455
base cost expenditures per pupil, the district's actual fiscal	29456
year 1999 base cost expenditures per pupil were used in the	29457
calculation. For districts in the 1999 model that did not also	29458
meet the performance criteria of former division (B)(1) of this	29459
section, the actual 1999 base cost per pupil expenditures were	29460
used in the calculation of the average district per pupil costs of	29461
the model districts.	29462

~~(C) In July of 2005, and in July of every six years~~	29463
~~thereafter, the speaker of the house of representatives and the~~	29464
~~president of the senate shall each appoint three members to a~~	29465
~~committee to reexamine the cost of an adequate education. No more~~	29466
~~than two members from any political party shall represent each~~	29467
~~house. The director of budget and management and the~~	29468
~~superintendent of public instruction shall serve as nonvoting ex~~	29469
~~officio members of the committee.~~	29470

~~The committee shall select a rational methodology for~~	29471
~~calculating the costs of an adequate education system for the~~	29472
~~ensuing six-year period, and shall report the methodology and the~~	29473
~~resulting costs to the general assembly. In performing its~~	29474
~~function, the committee is not bound by any method used by~~	29475
~~previous general assemblies to examine and calculate costs and~~	29476
~~instead may utilize any rational method it deems suitable and~~	29477
~~reasonable given the educational needs and requirements of the~~	29478
~~state at that time.~~	29479

~~The methodology for determining the cost of an adequate~~	29480
~~education system shall take into account the basic educational~~	29481
~~costs that all districts incur in educating regular students, the~~	29482
~~unique needs of special categories of students, and significant~~	29483
~~special conditions encountered by certain classifications of~~	29484
~~school districts.~~	29485

~~The committee also shall redetermine, for purposes of~~	29486
~~updating the parity aid calculation under section 3317.0217 of the~~	29487
~~Revised Code, the average number of effective operating mills that~~	29488
~~school districts in the seventieth to ninetieth percentiles of~~	29489
~~valuations per pupil collect above the revenues required to~~	29490
~~finance their attributed local shares of the calculated cost of an~~	29491
~~adequate education.~~	29492

~~Any committee appointed pursuant to this section shall make~~	29493
~~its report to the office of budget and management and the general~~	29494
~~assembly within one year of its appointment so that the~~	29495
~~information is available for use by the office and the general~~	29496
~~assembly in preparing the next biennial appropriations act.~~	29497

~~(D)(1) For purposes of this division, an "update year" is the~~	29498
~~first fiscal year for which the per pupil base cost of an adequate~~	29499
~~education is in effect after being recalculated by the general~~	29500
~~assembly. The first update year is fiscal year 2002. The second~~	29501
~~update year is fiscal year 2008.~~	29502

~~(2) The general assembly shall recalculate the per pupil base~~	29503
~~cost of an adequate education every six years after considering~~	29504
~~the recommendations of the committee appointed under division (C)~~	29505
~~of this section. At the time of the recalculation, for each of the~~	29506
~~five fiscal years following the update year, the general assembly~~	29507
~~shall adjust the base cost recalculated for the update year using~~	29508
~~an annual rate of inflation that the general assembly determines~~	29509
~~appropriate.~~	29510

~~(3) The general assembly shall include, in the act~~	29511
~~appropriating state funds for education programs for a fiscal~~	29512
~~biennium that begins with an update year, a statement of its~~	29513
~~determination of the total state share percentage of base cost and~~	29514
~~parity aid funding for the update year.~~	29515

~~(4) During its biennial budget deliberations, the general~~	29516
~~assembly shall determine the total state share percentage of base~~	29517
~~cost and parity aid funding for each fiscal year of the upcoming~~	29518
~~biennium. This determination shall be based on the latest~~	29519
~~projections and data provided by the department of education under~~	29520
~~division (D)(6) of this section prior to the enactment of~~	29521
~~education appropriations for the upcoming biennium. If, based on~~	29522
~~those latest projections and data, the general assembly determines~~	29523
~~that the total state share percentage for either or both nonupdate~~	29524
~~fiscal years varies more than two and one-half percentage points~~	29525
~~more or less than the total state share percentage for the most~~	29526
~~recent update year, as previously stated by the general assembly~~	29527
~~under division (D)(3) of this section, the general assembly shall~~	29528
~~determine and enact a method that it considers appropriate to~~	29529
~~restrict the estimated variance for each year to within two and~~	29530
~~one-half percentage points. The general assembly's methods may~~	29531
~~include, but are not required to include and need not be limited~~	29532
~~to, reexamining the rate of millage charged off as the local share~~	29533
~~of base cost funding under divisions (A)(1) and (2) of section~~	29534
~~3317.022 of the Revised Code. Regardless of any changes in~~	29535
~~charge-off millage rates in years between update years, however,~~	29536
~~the charge-off millage rate for update years shall be twenty-three~~	29537
~~mills, unless the general assembly determines that a different~~	29538
~~millage rate is more appropriate to share the total calculated~~	29539
~~base cost between the state and school districts.~~	29540

~~(5) The total state share percentage of base cost and parity~~	29541
~~aid funding for any fiscal year is calculated as follows:~~	29542

~~[(Total state base cost + total state parity aid funding) -~~	29543
~~statewide charge-off amount] / (Total state base cost + total~~	29544
~~state parity aid funding)~~	29545

~~Where:~~

29546

~~(a) The total state base cost equals the sum of the base~~	29547
~~costs for all school districts for the fiscal year.~~	29548

~~(b) The base cost for each school district equals:~~

29549

~~formula amount X cost-of-doing-business factor X~~

29550

~~the greater of formula ADM or~~	29551

~~three-year average formula ADM~~

29552

~~(c) The total state parity aid funding equals the sum of the~~	29553
~~amounts paid to all school districts for the fiscal year under~~	29554
~~section 3317.0217 of the Revised Code.~~	29555

~~(d) The statewide charge-off amount equals the sum of the~~	29556
~~charge-off amounts for all school districts.~~	29557

~~(e) The charge-off amount for each school district is the~~	29558
~~amount calculated as its local share of base cost funding and~~	29559
~~deducted from the total calculated base cost to determine the~~	29560
~~amount of its state payment under divisions (A)(1) and (2) of~~	29561
~~section 3317.022 of the Revised Code. The charge-off amount for~~	29562
~~each school district in fiscal year 2002 is the product of~~	29563
~~twenty-three mills multiplied by the district's recognized~~	29564
~~valuation as adjusted, if applicable, under division (A)(2) of~~	29565
~~section 3317.022 of the Revised Code. If however, in any fiscal~~	29566
~~year, including fiscal year 2002, a school district's calculated~~	29567
~~charge-off amount exceeds its base cost calculated as described in~~	29568
~~division (D)(5)(b) of this section, the district's charge-off~~	29569
~~amount shall be deemed to equal its calculated base cost.~~	29570

~~(6) Whenever requested by the chairperson of the standing~~	29571
~~committee of the house or representatives or the senate having~~	29572
~~primary jurisdiction over appropriations, the legislative budget~~	29573
~~officer, or the director of budget and management, the department~~	29574
~~of education shall report its latest projections for total base~~	29575
~~cost, total parity aid funding, and the statewide charge-off~~	29576
~~amount, as those terms are defined in division (D)(5) of this~~	29577
~~section, for each year of the upcoming fiscal biennium, and all~~	29578
~~data it used to make the projections.~~	29579

Sec. 3317.013. This section does not apply to handicapped	29580
preschool students.	29581

Analysis of special education cost data has resulted in a	29582
finding that the average special education additional cost per	29583
pupil, including the costs of related services, can be expressed	29584
as a multiple of the base cost per pupil calculated under section	29585
3317.012 of the Revised Code. The multiples for the following	29586
categories of special education programs, as these programs are	29587
defined for purposes of Chapter 3323. of the Revised Code, and	29588
adjusted as provided in this section, are as follows:	29589

(A) A multiple of 0.2892 for students whose primary or only	29590
identified handicap is a speech and language handicap, as this	29591
term is defined pursuant to Chapter 3323. of the Revised Code;	29592

(B) A multiple of 0.3691 for students identified as specific	29593
learning disabled or developmentally handicapped, as these terms	29594
are defined pursuant to Chapter 3323. of the Revised Code, or	29595
other health handicapped-minor;	29596

(C) A multiple of 1.7695 for students identified as hearing	29597
handicapped, vision impaired, or severe behavior handicapped, as	29598
these terms are defined pursuant to Chapter 3323. of the Revised	29599
Code;	29600

(D) A multiple of 2.3646 for students identified as	29601
orthopedically handicapped, as this term is defined pursuant to	29602
Chapter 3323. of the Revised Code or other health handicapped -	29603
major;	29604

(E) A multiple of 3.1129 for students identified as	29605
multihandicapped, as this term is defined pursuant to Chapter	29606
3323. of the Revised Code;	29607

(F) A multiple of 4.7342 for students identified as autistic,	29608
having traumatic brain injuries, or as both visually and hearing	29609
disabled, as these terms are defined pursuant to Chapter 3323. of	29610
the Revised Code.	29611

In fiscal year ~~2002~~2004, the multiples specified in	29612
divisions (A) to (F) of this section shall be adjusted by	29613
multiplying them by ~~0.825~~0.88. In fiscal year ~~2003~~2005, the	29614
multiples specified in those divisions shall be adjusted by	29615
multiplying them by ~~0.875~~0.90.	29616

Not later than May 30, 2004, and May 30, 2005, the department	29617
shall submit to the office of budget and management a report that	29618
specifies for each city, local, exempted village, and joint	29619
vocational school district the fiscal year allocation of the state	29620
and local shares of special education and related services	29621
additional weighted funding and federal special education funds	29622
passed through to the district.	29623

Sec. 3317.014. The average vocational education additional	29624
cost per pupil can be expressed as a multiple of the base cost per	29625
pupil calculated under section 3317.012 of the Revised Code. the	29626
multiples for the following categories of vocational education	29627
programs are as follows:	29628

(A) A multiple of 0.57 for students enrolled in vocational	29629
education job-training and workforce development programs approved	29630
by the department of education in accordance with rules adopted	29631
under section 3313.90 of the Revised Code.	29632

(B) A multiple of 0.28 for students enrolled in vocational	29633
education classes other than job-training and workforce	29634
development programs.	29635

Vocational education associated services costs can be	29636
expressed as a multiple of 0.05 of the base cost per pupil	29637
calculated under section 3317.012 of the Revised Code.	29638

The general assembly has adjusted the multiples specified in	29639
this section for calculating payments beginning in fiscal year	29640
2002 in recognition that its policy change regarding the	29641
application of the cost-of-doing-business factor produces a higher	29642
base cost amount than would exist if no change were made to its	29643
application. The adjustment maintains the same weighted costs as	29644
would exist if no change were made to the application of the	29645
cost-of-doing-business factor.	29646

The department of education shall annually report to the	29647
governor and the general assembly the amount of weighted funding	29648
for vocational education and associated services that is spent by	29649
each city, local, exempted village, and joint vocational school	29650
district specifically for vocational educational and associated	29651
services.	29652

Sec. 3317.02. As used in this chapter:

29653

(A) Unless otherwise specified, "school district" means city,	29654
local, and exempted village school districts.	29655

(B) "Formula amount" means the base cost for the fiscal year	29656
specified in section 3317.012 of the Revised Code.	29657

(C) "FTE basis" means a count of students based on full-time	29658
equivalency, in accordance with rules adopted by the department of	29659
education pursuant to section 3317.03 of the Revised Code. In	29660
adopting its rules under this division, the department shall	29661
provide for counting any student in category one, two, three,	29662
four, five, or six special education ADM or in category one or two	29663
vocational education ADM in the same proportion the student is	29664
counted in formula ADM.	29665

(D)(1) "Formula ADM" means, for a city, local, or exempted	29666
village school district, the number reported pursuant to division	29667
(A) of section 3317.03 of the Revised Code, and for a joint	29668
vocational school district, the number reported pursuant to	29669
division (D) of that section.	29670

(2) "Three-year average formula ADM" means the average of	29671
formula ADMs for the current and preceding two fiscal years.	29672
However, as applicable in fiscal years 1999 and 2000, the	29673
three-year average for city, local, and exempted village school	29674
districts shall be determined utilizing the FY 1997 ADM or FY 1998	29675
ADM in lieu of formula ADM for fiscal year 1997 or 1998. In fiscal	29676
years 2000 and 2001, the three-year average for joint vocational	29677
school districts shall be determined utilizing the average daily	29678
membership reported in fiscal years 1998 and 1999 under division	29679
(D) of section 3317.03 of the Revised Code in lieu of formula ADM	29680
for fiscal years 1998 and 1999.	29681

(E) "FY 1997 ADM" or "FY 1998 ADM" means the school	29682
district's average daily membership reported for the applicable	29683
fiscal year under the version of division (A) of section 3317.03	29684
of the Revised Code in effect during that fiscal year, adjusted as	29685
follows:	29686

(1) Minus the average daily membership of handicapped	29687
preschool children;	29688

(2) Minus one-half of the average daily membership attending	29689
kindergarten;	29690

(3) Minus three-fourths of the average daily membership	29691
attending a joint vocational school district;	29692

(4) Plus the average daily membership entitled under section	29693
3313.64 or 3313.65 of the Revised Code to attend school in the	29694
district but receiving educational services in approved units from	29695
an educational service center or another school district under a	29696
compact or a cooperative education agreement, as determined by the	29697
department;	29698

(5) Minus the average daily membership receiving educational	29699
services from the district in approved units but entitled under	29700
section 3313.64 or 3313.65 of the Revised Code to attend school in	29701
another school district, as determined by the department.	29702

(F)(1) "Category one special education ADM" means the average	29703
daily membership of handicapped children receiving special	29704
education services for the handicap specified in division (A) of	29705
section 3317.013 of the Revised Code and reported under division	29706
(B)(5) or (D)(2)(b) of section 3317.03 of the Revised Code.	29707

(2) "Category two special education ADM" means the average	29708
daily membership of handicapped children receiving special	29709
education services for those handicaps specified in division (B)	29710
of section 3317.013 of the Revised Code and reported under	29711
division (B)(6) or (D)(2)(c) of section 3317.03 of the Revised	29712
Code.	29713

(3) "Category three special education ADM" means the average	29714
daily membership of students receiving special education services	29715
for those handicaps specified in division (C) of section 3317.013	29716
of the Revised Code, and reported under division (B)(7) or	29717
(D)(2)(d) of section 3317.03 of the Revised Code.	29718

(4) "Category four special education ADM" means the average	29719
daily membership of students receiving special education services	29720
for those handicaps specified in division (D) of section 3317.013	29721
of the Revised Code and reported under division (B)(8) or	29722
(D)(2)(e) of section 3317.03 of the Revised Code.	29723

(5) "Category five special education ADM" means the average	29724
daily membership of students receiving special education services	29725
for the handicap specified in division (E) of section 3317.013 of	29726
the Revised Code and reported under division (B)(9) or (D)(2)(f)	29727
of section 3317.03 of the Revised Code.	29728

(6) "Category six special education ADM" means the average	29729
daily membership of students receiving special education services	29730
for the handicap specified in division (F) of section 3317.013 of	29731
the Revised Code and reported under division (B)(10) or (D)(2)(g)	29732
of section 3317.03 of the Revised Code.	29733

(7) "Category one vocational education ADM" means the average	29734
daily membership of students receiving vocational education	29735
services described in division (A) of section 3317.014 of the	29736
Revised Code and reported under division (B)(11) or (D)(2)(h) of	29737
section 3317.03 of the Revised Code.	29738

(8) "Category two vocational education ADM" means the average	29739
daily membership of students receiving vocational education	29740
services described in division (B) of section 3317.014 of the	29741
Revised Code and reported under division (B)(12) or (D)(2)(i) of	29742
section 3317.03 of the Revised Code.	29743

(G) "Handicapped preschool child" means a handicapped child,	29744
as defined in section 3323.01 of the Revised Code, who is at least	29745
age three but is not of compulsory school age, as defined in	29746
section 3321.01 of the Revised Code, and who is not currently	29747
enrolled in kindergarten.	29748

(H) "County MR/DD board" means a county board of mental	29749
retardation and developmental disabilities.	29750

(I) "Recognized valuation" means the amount calculated for a	29751
school district pursuant to section 3317.015 of the Revised Code.	29752

(J) "Transportation ADM" means the number of children	29753
reported under division (B)(13) of section 3317.03 of the Revised	29754
Code.	29755

(K) "Average efficient transportation use cost per student"	29756
means a statistical representation of transportation costs as	29757
calculated under division (D)(2) of section 3317.022 of the	29758
Revised Code.	29759

(L) "Taxes charged and payable" means the taxes charged and	29760
payable against real and public utility property after making the	29761
reduction required by section 319.301 of the Revised Code, plus	29762
the taxes levied against tangible personal property.	29763

(M) "Total taxable value" means the sum of the amounts	29764
certified for a city, local, exempted village, or joint vocational	29765
school district under divisions (A)(1) and (2) of section 3317.021	29766
of the Revised Code.	29767

(N) "Cost-of-doing-business factor" means the amount	29768
indicated in this division for the county in which a city, local,	29769
exempted village, or joint vocational school district is located.	29770
If a city, local, or exempted village school district is located	29771
in more than one county, the factor is the amount indicated for	29772
the county to which the district is assigned by the state	29773
department of education. If a joint vocational school district is	29774
located in more than one county, the factor is the amount	29775
indicated for the county in which the joint vocational school with	29776
the greatest formula ADM operated by the district is located.	29777

	COST-OF-DOING-BUSINESS	29778
COUNTY	FACTOR AMOUNT	29779
Adams	~~1.0061~~ 1.0035	29780
Allen	~~1.0236~~ 1.0206	29781
Ashland	~~1.0331~~ 1.0297	29782
Ashtabula	~~1.0431~~ 1.0397	29783
Athens	~~1.0038~~ 1.0014	29784
Auglaize	~~1.0272~~ 1.0247	29785
Belmont	~~1.0043~~ 1.0064	29786
Brown	~~1.0207~~ 1.0177	29787
Butler	~~1.0663~~ 1.0646	29788
Carroll	~~1.0148~~ 1.0137	29789
Champaign	~~1.0413~~ 1.0446	29790
Clark	~~1.0443~~ 1.0447	29791
Clermont	~~1.0532~~ 1.0541	29792
Clinton	~~1.0296~~ 1.0329	29793
Columbiana	~~1.0262~~ 1.0214	29794
Coshocton	~~1.0200~~ 1.0173	29795
Crawford	~~1.0140~~ 1.0164	29796
Cuyahoga	~~1.0672~~ 1.0626	29797
Darke	~~1.0343~~ 1.0338	29798
Defiance	~~1.0165~~ 1.0146	29799
Delaware	~~1.0479~~ 1.0528	29800
Erie	~~1.0372~~ 1.0388	29801
Fairfield	~~1.0354~~ 1.0366	29802
Fayette	~~1.0258~~ 1.0319	29803
Franklin	~~1.0519~~ 1.0608	29804
Fulton	~~1.0361~~ 1.0330	29805
Gallia	1.0000	29806
Geauga	~~1.0528~~ 1.0501	29807
Greene	~~1.0407~~ 1.0444	29808
Guernsey	~~1.0064~~ 1.0066	29809
Hamilton	1.0750	29810
Hancock	1.0215	29811
Hardin	~~1.0348~~ 1.0356	29812
Harrison	~~1.0081~~ 1.0074	29813
Henry	~~1.0338~~ 1.0318	29814
Highland	~~1.0129~~ 1.0148	29815
Hocking	~~1.0151~~ 1.0188	29816
Holmes	~~1.0238~~ 1.0178	29817
Huron	~~1.0305~~ 1.0293	29818
Jackson	~~1.0118~~ 1.0138	29819
Jefferson	~~1.0067~~ 1.0073	29820
Knox	~~1.0258~~ 1.0279	29821
Lake	~~1.0556~~ 1.0524	29822
Lawrence	~~1.0122~~ 1.0081	29823
Licking	~~1.0375~~ 1.0381	29824
Logan	~~1.0362~~ 1.0385	29825
Lorain	~~1.0521~~ 1.0515	29826
Lucas	~~1.0406~~ 1.0390	29827
Madison	~~1.0437~~ 1.0488	29828
Mahoning	~~1.0384~~ 1.0346	29829
Marion	~~1.0263~~ 1.0306	29830
Medina	~~1.0595~~ 1.0536	29831
Meigs	~~1.0018~~ 1.0026	29832
Mercer	~~1.0199~~ 1.0203	29833
Miami	~~1.0415~~ 1.0411	29834
Monroe	~~1.0097~~ 1.0050	29835
Montgomery	~~1.0476~~ 1.0453	29836
Morgan	~~1.0128~~ 1.0089	29837
Morrow	~~1.0276~~ 1.0301	29838
Muskingum	~~1.0145~~ 1.0127	29839
Noble	~~1.0103~~ 1.0073	29840
Ottawa	~~1.0468~~ 1.0486	29841
Paulding	~~1.0140~~ 1.0115	29842
Perry	~~1.0154~~ 1.0160	29843
Pickaway	~~1.0326~~ 1.0391	29844
Pike	~~1.0094~~ 1.0103	29845
Portage	~~1.0516~~ 1.0472	29846
Preble	~~1.0476~~ 1.0442	29847
Putnam	~~1.0243~~ 1.0216	29848
Richland	~~1.0213~~ 1.0199	29849
Ross	~~1.0085~~ 1.0151	29850
Sandusky	~~1.0307~~ 1.0321	29851
Scioto	~~1.0029~~ 1.0012	29852
Seneca	1.0223	29853
Shelby	~~1.0263~~ 1.0278	29854
Stark	~~1.0300~~ 1.0255	29855
Summit	~~1.0598~~ 1.0542	29856
Trumbull	~~1.0381~~ 1.0351	29857
Tuscarawas	~~1.0097~~ 1.0089	29858
Union	~~1.0446~~ 1.0500	29859
Van Wert	1.0133	29860
Vinton	~~1.0070~~ 1.0095	29861
Warren	~~1.0659~~ 1.0658	29862
Washington	~~1.0075~~ 1.0060	29863
Wayne	~~1.0404~~ 1.0348	29864
Williams	~~1.0284~~ 1.0228	29865
Wood	~~1.0382~~ 1.0360	29866
Wyandot	~~1.0188~~ 1.0171	29867

(O) "Tax exempt value" of a school district means the amount	29868
certified for a school district under division (A)(4) of section	29869
3317.021 of the Revised Code.	29870

(P) "Potential value" of a school district means the	29871
recognized valuation of a school district plus the tax exempt	29872
value of the district.	29873

(Q) "District median income" means the median Ohio adjusted	29874
gross income certified for a school district. On or before the	29875
first day of July of each year, the tax commissioner shall certify	29876
to the department of education for each city, exempted village,	29877
and local school district the median Ohio adjusted gross income of	29878
the residents of the school district determined on the basis of	29879
tax returns filed for the second preceding tax year by the	29880
residents of the district.	29881

(R) "Statewide median income" means the median district	29882
median income of all city, exempted village, and local school	29883
districts in the state.	29884

(S) "Income factor" for a city, exempted village, or local	29885
school district means the quotient obtained by dividing that	29886
district's median income by the statewide median income.	29887

(T) "Medically fragile child" means a child to whom all of	29888
the following apply:	29889

(1) The child requires the services of a doctor of medicine	29890
or osteopathic medicine at least once a week due to the	29891
instability of the child's medical condition.	29892

(2) The child requires the services of a registered nurse on	29893
a daily basis.	29894

(3) The child is at risk of institutionalization in a	29895
hospital, skilled nursing facility, or intermediate care facility	29896
for the mentally retarded.	29897

(U) A child may be identified as "other health	29898
handicapped-major" if the child's condition meets the definition	29899
of "other health impaired" established in rules adopted by the	29900
state board of education prior to ~~the effective date of this~~	29901
~~amendment~~July 1, 2001, and if either of the following apply:	29902

(1) The child is identified as having a medical condition	29903
that is among those listed by the superintendent of public	29904
instruction as conditions where a substantial majority of cases	29905
fall within the definition of "medically fragile child." The	29906
superintendent of public instruction shall issue an initial list	29907
no later than September 1, 2001.	29908

(2) The child is determined by the superintendent of public	29909
instruction to be a medically fragile child. A school district	29910
superintendent may petition the superintendent of public	29911
instruction for a determination that a child is a medically	29912
fragile child.	29913

(V) A child may be identified as "other health	29914
handicapped-minor" if the child's condition meets the definition	29915
of "other health impaired" established in rules adopted by the	29916
state board of education prior to ~~the effective date of this~~	29917
~~amendment~~July 1, 2001, but the child's condition does not meet	29918
either of the conditions specified in division (U)(1) or (2) of	29919
this section.	29920

Sec. 3317.022. (A)(1) The department of education shall	29921
compute and distribute state base cost funding to each school	29922
district for the fiscal year in accordance with the following	29923
formula, making any adjustment required by division (A)(2) of this	29924
section and using the information obtained under section 3317.021	29925
of the Revised Code in the calendar year in which the fiscal year	29926
begins.	29927

Compute the following for each eligible district:

29928

[(cost-of-doing-business factor X

29929

the formula amount X ~~(the greater of formula ADM~~

29930

~~or three-year average~~ formula ADM)] -

29931

(.023 X recognized valuation)

29932

If the difference obtained is a negative number, the	29933
district's computation shall be zero.	29934

(2)(a) For each school district for which the tax exempt	29935
value of the district equals or exceeds twenty-five per cent of	29936
the potential value of the district, the department of education	29937
shall calculate the difference between the district's tax exempt	29938
value and twenty-five per cent of the district's potential value.	29939

(b) For each school district to which division (A)(2)(a) of	29940
this section applies, the department shall adjust the recognized	29941
valuation used in the calculation under division (A)(1) of this	29942
section by subtracting from it the amount calculated under	29943
division (A)(2)(a) of this section.	29944

(B) As used in this section:

29945

(1) The "total special education weight" for a district means	29946
the sum of the following amounts:	29947

(a) The district's category one special education ADM	29948
multiplied by the multiple specified in division (A) of section	29949
3317.013 of the Revised Code;	29950

(b) The district's category two special education ADM	29951
multiplied by the multiple specified in division (B) of section	29952
3317.013 of the Revised Code;	29953

(c) The district's category three special education ADM	29954
multiplied by the multiple specified in division (C) of section	29955
3317.013 of the Revised Code;	29956

(d) The district's category four special education ADM	29957
multiplied by the multiple specified in division (D) of section	29958
3317.013 of the Revised Code;	29959

(e) The district's category five special education ADM	29960
multiplied by the multiple specified in division (E) of section	29961
3317.013 of the Revised Code;	29962

(f) The district's category six special education ADM	29963
multiplied by the multiple specified in division (F) of section	29964
3317.013 of the Revised Code.	29965

(2) "State share percentage" means the percentage calculated	29966
for a district as follows:	29967

(a) Calculate the state base cost funding amount for the	29968
district for the fiscal year under division (A) of this section.	29969
If the district would not receive any state base cost funding for	29970
that year under that division, the district's state share	29971
percentage is zero.	29972

(b) If the district would receive state base cost funding	29973
under that division, divide that amount by an amount equal to the	29974
following:	29975

Cost-of-doing-business factor X

29976

the formula amount X ~~(the greater of formula~~

29977

~~ADM or three-year average~~ formula ADM)

29978

The resultant number is the district's state share	29979
percentage.	29980

(3) "Related services" includes:

29981

(a) Child study, special education supervisors and	29982
coordinators, speech and hearing services, adaptive physical	29983
development services, occupational or physical therapy, teacher	29984
assistants for handicapped children whose handicaps are described	29985
in division (B) of section 3317.013 or division (F)(3) of section	29986
3317.02 of the Revised Code, behavioral intervention, interpreter	29987
services, work study, nursing services, and specialized	29988
integrative services as those terms are defined by the department;	29989

(b) Speech and language services provided to any student with	29990
a handicap, including any student whose primary or only handicap	29991
is a speech and language handicap;	29992

(c) Any related service not specifically covered by other	29993
state funds but specified in federal law, including but not	29994
limited to, audiology and school psychological services;	29995

(d) Any service included in units funded under former	29996
division (O)(1) of section 3317.023 of the Revised Code;	29997

(e) Any other related service needed by handicapped children	29998
in accordance with their individualized education plans.	29999

(4) The "total vocational education weight" for a district	30000
means the sum of the following amounts:	30001

(a) The district's category one vocational education ADM	30002
multiplied by the multiple specified in division (A) of section	30003
3317.014 of the Revised Code;	30004

(b) The district's category two vocational education ADM	30005
multiplied by the multiple specified in division (B) of section	30006
3317.014 of the Revised Code.	30007

(C)(1) The department shall compute and distribute state	30008
special education and related services additional weighted costs	30009
funds to each school district in accordance with the following	30010
formula:	30011

The district's state share percentage

30012

X the formula amount for the year

30013

for which the aid is calculated

30014

X the district's total special education weight

30015

(2) The attributed local share of special education and	30016
related services additional weighted costs equals:	30017

(1 - the district's state share percentage) X

30018

the district's total special education weight X

30019

the formula amount

30020

(3)(a) The department shall compute and pay in accordance	30021
with this division additional state aid to school districts for	30022
students in categories two through six special education ADM. If a	30023
district's costs for the fiscal year for a student in its	30024
categories two through six special education ADM exceed the	30025
threshold catastrophic cost for serving the student, the district	30026
may submit to the superintendent of public instruction	30027
documentation, as prescribed by the superintendent, of all its	30028
costs for that student. Upon submission of documentation for a	30029
student of the type and in the manner prescribed, the department	30030
shall pay to the district an amount equal to the sum of the	30031
following:	30032

(i) One-half of the district's costs for the student in	30033
excess of the threshold catastrophic cost;	30034

(ii) The product of one-half of the district's costs for the	30035
student in excess of the threshold catastrophic cost multiplied by	30036
the district's state share percentage.	30037

(b) For purposes of division (C)(3)(a) of this section, the	30038
threshold catastrophic cost for serving a student equals:	30039

(i) For a student in the school district's category two,	30040
three, four, or five special education ADM, twenty-five thousand	30041
dollars in fiscal year 2002 and twenty-five thousand seven hundred	30042
dollars in fiscal ~~year~~years 2003, 2004, and 2005;	30043

(ii) For a student in the district's category six special	30044
education ADM, thirty thousand dollars in fiscal year 2002 and	30045
thirty thousand eight hundred forty dollars in fiscal ~~year~~years	30046
2003, 2004, and 2005.	30047

~~The threshold catastrophic costs for fiscal year 2003~~	30048
~~represent a two and eight-tenths per cent inflationary increase~~	30049
~~over fiscal year 2002.~~	30050

(c) The district shall only report under division (C)(3)(a)	30051
of this section, and the department shall only pay for, the costs	30052
of educational expenses and the related services provided to the	30053
student in accordance with the student's individualized education	30054
program. Any legal fees, court costs, or other costs associated	30055
with any cause of action relating to the student may not be	30056
included in the amount.	30057

~~(5)~~(4)(a) As used in this division, the "personnel allowance"	30058
means thirty thousand dollars in fiscal years 2002 ~~and~~, 2003,	30059
2004, and 2005.	30060

(b) For the provision of speech language pathology services	30061
to students, including students who do not have individualized	30062
education programs prepared for them under Chapter 3323. of the	30063
Revised Code, and for no other purpose, the department of	30064
education shall pay each school district an amount calculated	30065
under the following formula:	30066

(formula ADM divided by 2000) X

30067

the personnel allowance X the state share percentage

30068

(5) In any fiscal year, a school district shall spend for	30069
purposes that the department designates as approved for special	30070
education and related services expenses at least the amount	30071
calculated as follows:	30072

(cost-of-doing-business factor X

30073

formula amount X the sum of categories

30074

one through six special education ADM) +	30075

(total special education weight X formula amount)

30076

The purposes approved by the department for special education	30077
expenses shall include, but shall not be limited to,	30078
identification of handicapped children, compliance with state	30079
rules governing the education of handicapped children and	30080
prescribing the continuum of program options for handicapped	30081
children, provision of speech language pathology services, and the	30082
portion of the school district's overall administrative and	30083
overhead costs that are attributable to the district's special	30084
education student population.	30085

The department shall require school districts to report data	30086
annually to allow for monitoring compliance with division (C)(5)	30087
of this section. The department shall annually report to the	30088
governor and the general assembly the amount of money spent by	30089
each school district for special education and related services.	30090

(6) In any fiscal year, a school district shall spend for the	30091
provision of speech language pathology services not less than the	30092
sum of the amount calculated under division (C)(1) of this section	30093
for the students in the district's category one special education	30094
ADM and the amount calculated under division (C)(4) of this	30095
section.	30096

(D)(1) As used in this division:

30097

(a) "Daily bus miles per student" equals the number of bus	30098
miles traveled per day, divided by transportation base.	30099

(b) "Transportation base" equals total student count as	30100
defined in section 3301.011 of the Revised Code, minus the number	30101
of students enrolled in preschool handicapped units, plus the	30102
number of nonpublic school students included in transportation	30103
ADM.	30104

(c) "Transported student percentage" equals transportation	30105
ADM divided by transportation base.	30106

(d) "Transportation cost per student" equals total operating	30107
costs for board-owned or contractor-operated school buses divided	30108
by transportation base.	30109

(2) Analysis of student transportation cost data has resulted	30110
in a finding that an average efficient transportation use cost per	30111
student can be calculated by means of a regression formula that	30112
has as its two independent variables the number of daily bus miles	30113
per student and the transported student percentage. For fiscal	30114
year 1998 transportation cost data, the average efficient	30115
transportation use cost per student is expressed as follows:	30116

51.79027 + (139.62626 X daily bus miles per student) +

30117

(116.25573 X transported student percentage)

30118

The department of education shall annually determine the	30119
average efficient transportation use cost per student in	30120
accordance with the principles stated in division (D)(2) of this	30121
section, updating the intercept and regression coefficients of the	30122
regression formula modeled in this division, based on an annual	30123
statewide analysis of each school district's daily bus miles per	30124
student, transported student percentage, and transportation cost	30125
per student data. The department shall conduct the annual update	30126
using data, including daily bus miles per student, transported	30127
student percentage, and transportation cost per student data, from	30128
the prior fiscal year. The department shall notify the office of	30129
budget and management of such update by the fifteenth day of	30130
February of each year.	30131

(3) In addition to funds paid under divisions (A), (C), and	30132
(E) of this section, each district with a transported student	30133
percentage greater than zero shall receive a payment equal to a	30134
percentage of the product of the district's transportation base	30135
from the prior fiscal year times the annually updated average	30136
efficient transportation use cost per student, times an inflation	30137
factor of two and eight tenths per cent to account for the	30138
one-year difference between the data used in updating the formula	30139
and calculating the payment and the year in which the payment is	30140
made. The percentage shall be the following percentage of that	30141
product specified for the corresponding fiscal year:	30142

FISCAL YEAR	PERCENTAGE	30143
2000	52.5%	30144
2001	55%	30145
2002	57.5%	30146
2003 and thereafter	The greater of 60% or the district's state share percentage	30147

The payments made under division (D)(3) of this section each	30148
year shall be calculated based on all of the same prior year's	30149
data used to update the formula.	30150

(4) In addition to funds paid under divisions (D)(2) and (3)	30151
of this section, a school district shall receive a rough road	30152
subsidy if both of the following apply:	30153

(a) Its county rough road percentage is higher than the	30154
statewide rough road percentage, as those terms are defined in	30155
division (D)(5) of this section;	30156

(b) Its district student density is lower than the statewide	30157
student density, as those terms are defined in that division.	30158

(5) The rough road subsidy paid to each district meeting the	30159
qualifications of division (D)(4) of this section shall be	30160
calculated in accordance with the following formula:	30161

(per rough mile subsidy X total rough road miles) X

30162

density multiplier

30163

where:

30164

(a) "Per rough mile subsidy" equals the amount calculated in	30165
accordance with the following formula:	30166

0.75 - {0.75 X [(maximum rough road percentage -

30167

county rough road percentage)/(maximum rough road percentage -

30169

statewide rough road percentage)]}

30170

(i) "Maximum rough road percentage" means the highest county	30171
rough road percentage in the state.	30172

(ii) "County rough road percentage" equals the percentage of	30173
the mileage of state, municipal, county, and township roads that	30174
is rated by the department of transportation as type A, B, C, E2,	30175
or F in the county in which the school district is located or, if	30176
the district is located in more than one county, the county to	30177
which it is assigned for purposes of determining its	30178
cost-of-doing-business factor.	30179

(iii) "Statewide rough road percentage" means the percentage	30180
of the statewide total mileage of state, municipal, county, and	30181
township roads that is rated as type A, B, C, E2, or F by the	30182
department of transportation.	30183

(b) "Total rough road miles" means a school district's total	30184
bus miles traveled in one year times its county rough road	30185
percentage.	30186

(c) "Density multiplier" means a figure calculated in	30187
accordance with the following formula:	30188

1 - [(minimum student density - district student

30189

density)/(minimum student density -

30190

statewide student density)]

30191

(i) "Minimum student density" means the lowest district	30192
student density in the state.	30193

(ii) "District student density" means a school district's	30194
transportation base divided by the number of square miles in the	30195
district.	30196

(iii) "Statewide student density" means the sum of the	30197
transportation bases for all school districts divided by the sum	30198
of the square miles in all school districts.	30199

(6) In addition to funds paid under divisions (D)(2) to (5)	30200
of this section, each district shall receive in accordance with	30201
rules adopted by the state board of education a payment for	30202
students transported by means other than board-owned or	30203
contractor-operated buses and whose transportation is not funded	30204
under division (J) of section 3317.024 of the Revised Code. The	30205
rules shall include provisions for school district reporting of	30206
such students.	30207

(E)(1) The department shall compute and distribute state	30208
vocational education additional weighted costs funds to each	30209
school district in accordance with the following formula:	30210

state share percentage X

30211

the formula amount X

30212

total vocational education weight

30213

In any fiscal year, a school district receiving funds under	30214
division (E)(1) of this section shall spend those funds only for	30215
the purposes that the department designates as approved for	30216
vocational education expenses. Vocational educational expenses	30217
approved by the department shall include only expenses connected	30218
to the delivery of career-technical programming to	30219
career-technical students. The department shall require the school	30220
district to report data annually so that the department may	30221
monitor the district's compliance with the requirements regarding	30222
the manner in which funding received under division (E)(1) of this	30223
section may be spent.	30224

(2) The department shall compute for each school district	30225
state funds for vocational education associated services in	30226
accordance with the following formula:	30227

state share percentage X .05 X

30228

the formula amount X the sum of categories one and two

30229

vocational education ADM

30230

In any fiscal year, a school district receiving funds under	30231
division (E)(2) of this section, or through a transfer of funds	30232
pursuant to division (L) of section 3317.023 of the Revised Code,	30233
shall spend those funds only for the purposes that the department	30234
designates as approved for vocational education associated	30235
services expenses, which may include such purposes as	30236
apprenticeship coordinators, coordinators for other vocational	30237
education services, vocational evaluation, and other purposes	30238
designated by the department. The department may deny payment	30239
under division (E)(2) of this section to any district that the	30240
department determines is not operating those services or is using	30241
funds paid under division (E)(2) of this section, or through a	30242
transfer of funds pursuant to division (L) of section 3317.023 of	30243
the Revised Code, for other purposes.	30244

(F) ~~Beginning in fiscal year 2003, the~~The actual local share	30245
in any fiscal year for the combination of special education and	30246
related services additional weighted costs funding calculated	30247
under division (C)(1) of this section, transportation funding	30248
calculated under divisions (D)(2) and (3) of this section, and	30249
vocational education and associated services additional weighted	30250
costs funding calculated under divisions (E)(1) and (2) of this	30251
section shall not exceed for any school district the product of	30252
three and three-tenths mills times the district's recognized	30253
valuation. ~~Beginning in fiscal year 2003, the~~The department	30254
annually shall pay each school district as an excess cost	30255
supplement any amount by which the sum of the district's	30256
attributed local shares for that funding exceeds that product. For	30257
purposes of calculating the excess cost supplement:	30258

(1) The attributed local share for special education and	30259
related services additional weighted costs funding is the amount	30260
specified in division (C)(2) of this section.	30261

(2) The attributed local share of transportation funding	30262
equals the difference of the total amount calculated for the	30263
district using the formula developed under division (D)(2) of this	30264
section minus the actual amount paid to the district after	30265
applying the percentage specified in division (D)(3) of this	30266
section.	30267

(3) The attributed local share of vocational education and	30268
associated services additional weighted costs funding is the	30269
amount determined as follows:	30270

(1 - state share percentage) X

30271

[(total vocational education weight X the formula amount) +

30272

the payment under division (E)(2) of this section]

30273

Sec. 3317.023. (A) Notwithstanding section 3317.022 of the	30274
Revised Code, the amounts required to be paid to a district under	30275
this chapter shall be adjusted by the amount of the computations	30276
made under divisions (B) to ~~(L)~~(M) of this section.	30277

As used in this section:

30278

(1) "Classroom teacher" means a licensed employee who	30279
provides direct instruction to pupils, excluding teachers funded	30280
from money paid to the district from federal sources; educational	30281
service personnel; and vocational and special education teachers.	30282

(2) "Educational service personnel" shall not include such	30283
specialists funded from money paid to the district from federal	30284
sources or assigned full-time to vocational or special education	30285
students and classes and may only include those persons employed	30286
in the eight specialist areas in a pattern approved by the	30287
department of education under guidelines established by the state	30288
board of education.	30289

(3) "Annual salary" means the annual base salary stated in	30290
the state minimum salary schedule for the performance of the	30291
teacher's regular teaching duties that the teacher earns for	30292
services rendered for the first full week of October of the fiscal	30293
year for which the adjustment is made under division (C) of this	30294
section. It shall not include any salary payments for supplemental	30295
teachers contracts.	30296

(4) "Regular student population" means the formula ADM plus	30297
the number of students reported as enrolled in the district	30298
pursuant to division (A)(1) of section 3313.981 of the Revised	30299
Code; minus the number of students reported under division (A)(2)	30300
of section 3317.03 of the Revised Code; minus the FTE of students	30301
reported under division (B)~~(5),~~ (6), (7), (8), (9), (10), (11), or	30302
(12) of that section who are enrolled in a vocational education	30303
class or receiving special education; and minus ~~one-fourth~~twenty	30304
per cent of the students enrolled concurrently in a joint	30305
vocational school district.	30306

(5) "State share percentage" has the same meaning as in	30307
section 3317.022 of the Revised Code.	30308

(6) "VEPD" means a school district or group of school	30309
districts designated by the department of education as being	30310
responsible for the planning for and provision of vocational	30311
education services to students within the district or group.	30312

(7) "Lead district" means a school district, including a	30313
joint vocational school district, designated by the department as	30314
a VEPD, or designated to provide primary vocational education	30315
leadership within a VEPD composed of a group of districts.	30316

(B) If the district employs less than one full-time	30317
equivalent classroom teacher for each twenty-five pupils in the	30318
regular student population in any school district, deduct the sum	30319
of the amounts obtained from the following computations:	30320

(1) Divide the number of the district's full-time equivalent	30321
classroom teachers employed by one twenty-fifth;	30322

(2) Subtract the quotient in (1) from the district's regular	30323
student population;	30324

(3) Multiply the difference in (2) by seven hundred fifty-two	30325
dollars.	30326

(C) If a positive amount, add one-half of the amount obtained	30327
by multiplying the number of full-time equivalent classroom	30328
teachers by:	30329

(1) The mean annual salary of all full-time equivalent	30330
classroom teachers employed by the district at their respective	30331
training and experience levels minus;	30332

(2) The mean annual salary of all such teachers at their	30333
respective levels in all school districts receiving payments under	30334
this section.	30335

The number of full-time equivalent classroom teachers used in	30336
this computation shall not exceed one twenty-fifth of the	30337
district's regular student population. In calculating the	30338
district's mean salary under this division, those full-time	30339
equivalent classroom teachers with the highest training level	30340
shall be counted first, those with the next highest training level	30341
second, and so on, in descending order. Within the respective	30342
training levels, teachers with the highest years of service shall	30343
be counted first, the next highest years of service second, and so	30344
on, in descending order.	30345

(D) This division does not apply to a school district that	30346
has entered into an agreement under division (A) of section	30347
3313.42 of the Revised Code. Deduct the amount obtained from the	30348
following computations if the district employs fewer than five	30349
full-time equivalent educational service personnel, including	30350
elementary school art, music, and physical education teachers,	30351
counselors, librarians, visiting teachers, school social workers,	30352
and school nurses for each one thousand pupils in the regular	30353
student population:	30354

(1) Divide the number of full-time equivalent educational	30355
service personnel employed by the district by five	30356
one-thousandths;	30357

(2) Subtract the quotient in (1) from the district's regular	30358
student population;	30359

(3) Multiply the difference in (2) by ninety-four dollars.

30360

(E) If a local school district, or a city or exempted village	30361
school district to which a governing board of an educational	30362
service center provides services pursuant to section 3313.843 of	30363
the Revised Code, deduct the amount of the payment required for	30364
the reimbursement of the governing board under section 3317.11 of	30365
the Revised Code.	30366

(F)(1) If the district is required to pay to or entitled to	30367
receive tuition from another school district under division (C)(2)	30368
or (3) of section 3313.64 or section 3313.65 of the Revised Code,	30369
or if the superintendent of public instruction is required to	30370
determine the correct amount of tuition and make a deduction or	30371
credit under section 3317.08 of the Revised Code, deduct and	30372
credit such amounts as provided in division (I) of section 3313.64	30373
or section 3317.08 of the Revised Code.	30374

(2) For each child for whom the district is responsible for	30375
tuition or payment under division (A)(1) of section 3317.082 or	30376
section 3323.091 of the Revised Code, deduct the amount of tuition	30377
or payment for which the district is responsible.	30378

(G) If the district has been certified by the superintendent	30379
of public instruction under section 3313.90 of the Revised Code as	30380
not in compliance with the requirements of that section, deduct an	30381
amount equal to ten per cent of the amount computed for the	30382
district under section 3317.022 of the Revised Code.	30383

(H) If the district has received a loan from a commercial	30384
lending institution for which payments are made by the	30385
superintendent of public instruction pursuant to division (E)(3)	30386
of section 3313.483 of the Revised Code, deduct an amount equal to	30387
such payments.	30388

(I)(1) If the district is a party to an agreement entered	30389
into under division (D), (E), or (F) of section 3311.06 or	30390
division (B) of section 3311.24 of the Revised Code and is	30391
obligated to make payments to another district under such an	30392
agreement, deduct an amount equal to such payments if the district	30393
school board notifies the department in writing that it wishes to	30394
have such payments deducted.	30395

(2) If the district is entitled to receive payments from	30396
another district that has notified the department to deduct such	30397
payments under division (I)(1) of this section, add the amount of	30398
such payments.	30399

(J) If the district is required to pay an amount of funds to	30400
a cooperative education district pursuant to a provision described	30401
by division (B)(4) of section 3311.52 or division (B)(8) of	30402
section 3311.521 of the Revised Code, deduct such amounts as	30403
provided under that provision and credit those amounts to the	30404
cooperative education district for payment to the district under	30405
division (B)(1) of section 3317.19 of the Revised Code.	30406

(K)(1) If a district is educating a student entitled to	30407
attend school in another district pursuant to a shared education	30408
contract, compact, or cooperative education agreement other than	30409
an agreement entered into pursuant to section 3313.842 of the	30410
Revised Code, credit to that educating district on an FTE basis	30411
both of the following:	30412

(a) An amount equal to the formula amount times the cost of	30413
doing business factor of the school district where the student is	30414
entitled to attend school pursuant to section 3313.64 or 3313.65	30415
of the Revised Code;	30416

(b) An amount equal to the formula amount times the state	30417
share percentage times any multiple applicable to the student	30418
pursuant to section 3317.013 or 3317.014 of the Revised Code.	30419

(2) Deduct any amount credited pursuant to division (K)(1) of	30420
this section from amounts paid to the school district in which the	30421
student is entitled to attend school pursuant to section 3313.64	30422
or 3313.65 of the Revised Code.	30423

(3) If the district is required by a shared education	30424
contract, compact, or cooperative education agreement to make	30425
payments to an educational service center, deduct the amounts from	30426
payments to the district and add them to the amounts paid to the	30427
service center pursuant to section 3317.11 of the Revised Code.	30428

(L)(1) If a district, including a joint vocational school	30429
district, is a lead district of a VEPD, credit to that district	30430
the amounts calculated for all the school districts within that	30431
VEPD pursuant to division (E)(2) of section 3317.022 of the	30432
Revised Code.	30433

(2) Deduct from each appropriate district that is not a lead	30434
district, the amount attributable to that district that is	30435
credited to a lead district under division (L)(1) of this section.	30436

(M) If the department pays a joint vocational school district	30437
under division (G)(4) of section 3317.16 of the Revised Code for	30438
excess costs of providing special education and related services	30439
to a handicapped student, as calculated under division (G)(2) of	30440
that section, the department shall deduct the amount of that	30441
payment from the city, local, or exempted village school district	30442
that is responsible as specified in that section for the excess	30443
costs.	30444

Sec. 3317.024. In addition to the moneys paid to eligible	30445
school districts pursuant to section 3317.022 of the Revised Code,	30446
moneys appropriated for the education programs in divisions (A) to	30447
(H), (J) to (L), (O), (P), and (R) of this section shall be	30448
distributed to school districts meeting the requirements of	30449
section 3317.01 of the Revised Code; in the case of divisions (J)	30450
and (P) of this section, to educational service centers as	30451
provided in section 3317.11 of the Revised Code; in the case of	30452
divisions (E), (M), and (N) of this section, to county MR/DD	30453
boards; in the case of division (R) of this section, to joint	30454
vocational school districts; in the case of division (K) of this	30455
section, to cooperative education school districts; and in the	30456
case of division (Q) of this section, to the institutions defined	30457
under section 3317.082 of the Revised Code providing elementary or	30458
secondary education programs to children other than children	30459
receiving special education under section 3323.091 of the Revised	30460
Code. The following shall be distributed monthly, quarterly, or	30461
annually as may be determined by the state board of education:	30462

(A) A per pupil amount to each school district that	30463
establishes a summer school remediation program that complies with	30464
rules of the state board of education.	30465

(B) An amount for each island school district and each joint	30466
state school district for the operation of each high school and	30467
each elementary school maintained within such district and for	30468
capital improvements for such schools. Such amounts shall be	30469
determined on the basis of standards adopted by the state board of	30470
education.	30471

(C) An amount for each school district operating classes for	30472
children of migrant workers who are unable to be in attendance in	30473
an Ohio school during the entire regular school year. The amounts	30474
shall be determined on the basis of standards adopted by the state	30475
board of education, except that payment shall be made only for	30476
subjects regularly offered by the school district providing the	30477
classes.	30478

(D) An amount for each school district with guidance,	30479
testing, and counseling programs approved by the state board of	30480
education. The amount shall be determined on the basis of	30481
standards adopted by the state board of education.	30482

(E) An amount for the emergency purchase of school buses as	30483
provided for in section 3317.07 of the Revised Code;	30484

(F) An amount for each school district required to pay	30485
tuition for a child in an institution maintained by the department	30486
of youth services pursuant to section 3317.082 of the Revised	30487
Code, provided the child was not included in the calculation of	30488
the district's average daily membership for the preceding school	30489
year.	30490

(G) In fiscal year 2000 only, an amount to each school	30491
district for supplemental salary allowances for each licensed	30492
employee except those licensees serving as superintendents,	30493
assistant superintendents, principals, or assistant principals,	30494
whose term of service in any year is extended beyond the term of	30495
service of regular classroom teachers, as described in section	30496
3301.0725 of the Revised Code;	30497

(H) An amount for adult basic literacy education for each	30498
district participating in programs approved by the state board of	30499
education. The amount shall be determined on the basis of	30500
standards adopted by the state board of education.	30501

(I) Notwithstanding section 3317.01 of the Revised Code, but	30502
only until June 30, 1999, to each city, local, and exempted	30503
village school district, an amount for conducting driver education	30504
courses at high schools for which the state board of education	30505
prescribes minimum standards and to joint vocational and	30506
cooperative education school districts and educational service	30507
centers, an amount for conducting driver education courses to	30508
pupils enrolled in a high school for which the state board	30509
prescribes minimum standards. No payments shall be made under this	30510
division after June 30, 1999.	30511

(J) An amount for the approved cost of transporting	30512
developmentally handicapped pupils whom it is impossible or	30513
impractical to transport by regular school bus in the course of	30514
regular route transportation provided by the district or service	30515
center. No district or service center is eligible to receive a	30516
payment under this division for the cost of transporting any pupil	30517
whom it transports by regular school bus and who is included in	30518
the district's transportation ADM. The state board of education	30519
shall establish standards and guidelines for use by the department	30520
of education in determining the approved cost of such	30521
transportation for each district or service center.	30522

(K) An amount to each school district, including each	30523
cooperative education school district, pursuant to section 3313.81	30524
of the Revised Code to assist in providing free lunches to needy	30525
children and an amount to assist needy school districts in	30526
purchasing necessary equipment for food preparation. The amounts	30527
shall be determined on the basis of rules adopted by the state	30528
board of education.	30529

(L) An amount to each school district, for each pupil	30530
attending a chartered nonpublic elementary or high school within	30531
the district. The amount shall equal the amount appropriated for	30532
the implementation of section 3317.06 of the Revised Code divided	30533
by the average daily membership in grades kindergarten through	30534
twelve in nonpublic elementary and high schools within the state	30535
as determined during the first full week in October of each school	30536
year.	30537

(M) An amount for each county MR/DD board, distributed on the	30538
basis of standards adopted by the state board of education, for	30539
the approved cost of transportation required for children	30540
attending special education programs operated by the county MR/DD	30541
board under section 3323.09 of the Revised Code;	30542

(N) An amount for each county MR/DD board, distributed on the	30543
basis of standards adopted by the state board of education, for	30544
supportive home services for preschool children;	30545

(O) An amount for each school district that establishes a	30546
mentor teacher program that complies with rules of the state board	30547
of education. No school district shall be required to establish or	30548
maintain such a program in any year unless sufficient funds are	30549
appropriated to cover the district's total costs for the program.	30550

(P) An amount to each school district or educational service	30551
center for the total number of gifted units approved pursuant to	30552
section 3317.05 of the Revised Code. The amount for each such unit	30553
shall be the sum of the minimum salary for the teacher of the	30554
unit, calculated on the basis of the teacher's training level and	30555
years of experience pursuant to the salary schedule prescribed in	30556
the version of section 3317.13 of the Revised Code in effect prior	30557
to ~~the effective date of this amendment~~July 1, 2001, plus fifteen	30558
per cent of that minimum salary amount, plus two thousand six	30559
hundred seventy-eight dollars.	30560

(Q) An amount to each institution defined under section	30561
3317.082 of the Revised Code providing elementary or secondary	30562
education to children other than children receiving special	30563
education under section 3323.091 of the Revised Code. This amount	30564
for any institution in any fiscal year shall equal the total of	30565
all tuition amounts required to be paid to the institution under	30566
division (A)(1) of section 3317.082 of the Revised Code.	30567

(R) A grant to each school district and joint vocational	30568
school district that operates a "graduation, reality, and	30569
dual-role skills" (GRADS) program for pregnant and parenting	30570
students that is approved by the department. The amount of the	30571
payment shall be the district's state share percentage, as defined	30572
in section 3317.022 or 3317.16 of the Revised Code, times the	30573
GRADS personnel allowance times the full-time-equivalent number of	30574
GRADS teachers approved by the department. The GRADS personnel	30575
allowance is ~~$46,260~~$47,555 in fiscal years ~~2002~~2004 and ~~2003~~	30576
2005.	30577

The state board of education or any other board of education	30578
or governing board may provide for any resident of a district or	30579
educational service center territory any educational service for	30580
which funds are made available to the board by the United States	30581
under the authority of public law, whether such funds come	30582
directly or indirectly from the United States or any agency or	30583
department thereof or through the state or any agency, department,	30584
or political subdivision thereof.	30585

Sec. 3317.029. (A) As used in this section:

30586

(1) "DPIA percentage" means:

30587

(a) In fiscal years prior to fiscal year 2004, the quotient	30588
obtained by dividing the five-year average number of children ages	30589
five to seventeen residing in the school district and living in a	30590
family receiving assistance under the Ohio works first program or	30591
an antecedent program known as TANF or ADC, as certified or	30592
adjusted under section 3317.10 of the Revised Code, by the	30593
district's three-year average formula ADM.	30594

(b) Beginning in fiscal year 2004, the unduplicated number of	30595
children ages five to seventeen residing in the school district	30596
and living in a family that has family income not exceeding the	30597
federal poverty guidelines and that receives family assistance, as	30598
certified or adjusted under section 3317.10 of the Revised Code,	30599
divided by the district's three-year average formula ADM.	30600

(2) "Family assistance" means assistance received under one	30601
of the following:	30602

(a) The Ohio works first program;

30603

(b) The food stamp program;

30604

(c) The medical assistance program, including the healthy	30605
start program, established under Chapter 5111. of the Revised	30606
Code;	30607

(d) The children's health insurance program part I	30608
established under section 5101.50 of the Revised Code or, prior to	30609
fiscal year 2000, an executive order issued under section 107.17	30610
of the Revised Code;	30611

(e) The disability financial assistance program established	30612
under Chapter 5115. of the Revised Code;	30613

(f) The disability medical assistance program established	30614
under Chapter 5115. of the Revised Code.	30615

(3) "Statewide DPIA percentage" means:

30616

(a) In fiscal years prior to fiscal year 2004, the five-year	30617
average of the total number of children ages five to seventeen	30618
years residing in the state and receiving assistance under the	30619
Ohio works first program or an antecedent program known as TANF or	30620
ADC, divided by the sum of the three-year average formula ADMs for	30621
all school districts in the state.	30622

(b) Beginning in fiscal year 2004, the total unduplicated	30623
number of children ages five to seventeen residing in the state	30624
and living in a family that has family income not exceeding the	30625
federal poverty guidelines and that receives family assistance,	30626
divided by the sum of the three-year average formula ADMs for all	30627
school districts in the state.	30628

(4) "DPIA index" means the quotient obtained by dividing the	30629
school district's DPIA percentage by the statewide DPIA	30630
percentage.	30631

(5) "Federal poverty guidelines" has the same meaning as in	30632
section 5101.46 of the Revised Code.	30633

(6) "DPIA student count" means:

30634

(a) In fiscal years prior to fiscal year 2004, the five-year	30635
average number of children ages five to seventeen residing in the	30636
school district and living in a family receiving assistance under	30637
the Ohio works first program or an antecedent program known as	30638
TANF or ADC, as certified under section 3317.10 of the Revised	30639
Code;	30640

(b) Beginning in fiscal year 2004, the unduplicated number of	30641
children ages five to seventeen residing in the school district	30642
and living in a family that has family income not exceeding the	30643
federal poverty guidelines and that receives family assistance, as	30644
certified or adjusted under section 3317.10 of the Revised Code.	30645

(7) "Kindergarten ADM" means the number of students reported	30646
under section 3317.03 of the Revised Code as enrolled in	30647
kindergarten.	30648

(8) "Kindergarten through third grade ADM" means the amount	30649
calculated as follows:	30650

(a) Multiply the kindergarten ADM by the sum of one plus the	30651
all-day kindergarten percentage;	30652

(b) Add the number of students in grades one through three;

30653

(c) Subtract from the sum calculated under division (A)(6)(b)	30654
of this section the number of special education students in grades	30655
kindergarten through three.	30656

(9) "Statewide average teacher salary" means forty-two	30657
thousand four hundred sixty-nine dollars in fiscal year 2002, and	30658
forty-three thousand six hundred fifty-eight dollars in fiscal	30659
year 2003, which includes an amount for the value of fringe	30660
benefits.	30661

(10) "All-day kindergarten" means a kindergarten class that	30662
is in session five days per week for not less than the same number	30663
of clock hours each day as for pupils in grades one through six.	30664

(11) "All-day kindergarten percentage" means the percentage	30665
of a district's actual total number of students enrolled in	30666
kindergarten who are enrolled in all-day kindergarten.	30667

(12) "Buildings with the highest concentration of need"	30668
means:	30669

(a) In fiscal years prior to fiscal year 2004, the school	30670
buildings in a district with percentages of students in grades	30671
kindergarten through three receiving assistance under Ohio works	30672
first at least as high as the district-wide percentage of students	30673
receiving such assistance.	30674

(b) Beginning in fiscal year 2004, the school buildings in a	30675
district with percentages of students in grades kindergarten	30676
through three receiving family assistance at least as high as the	30677
district-wide percentage of students receiving family assistance.	30678

(c) If, in any fiscal year, the information provided by the	30679
department of job and family services under section 3317.10 of the	30680
Revised Code is insufficient to determine the Ohio works first or	30681
family assistance percentage in each building, "buildings with the	30682
highest concentration of need" has the meaning given in rules that	30683
the department of education shall adopt. The rules shall base the	30684
definition of "buildings with the highest concentration of need"	30685
on family income of students in grades kindergarten through three	30686
in a manner that, to the extent possible with available data,	30687
approximates the intent of this division and division (G) of this	30688
section to designate buildings where the Ohio works first or	30689
family assistance percentage in those grades equals or exceeds the	30690
district-wide Ohio works first or family assistance percentage.	30691

(B) In addition to the amounts required to be paid to a	30692
school district under section 3317.022 of the Revised Code, a	30693
school district shall receive the greater of the amount the	30694
district received in fiscal year 1998 pursuant to division (B) of	30695
section 3317.023 of the Revised Code as it existed at that time or	30696
the sum of the computations made under divisions (C) to (E) of	30697
this section.	30698

(C) A supplemental payment that may be utilized for measures	30699
related to safety and security and for remediation or similar	30700
programs, calculated as follows:	30701

(1) If the DPIA index of the school district is greater than	30702
or equal to thirty-five-hundredths, but less than one, an amount	30703
obtained by multiplying the district's DPIA student count by two	30704
hundred thirty dollars;	30705

(2) If the DPIA index of the school district is greater than	30706
or equal to one, an amount obtained by multiplying the DPIA index	30707
by two hundred thirty dollars and multiplying that product by the	30708
district's DPIA student count.	30709

Except as otherwise provided in division (F) of this section,	30710
beginning with the school year that starts July 1, 2002, each	30711
school district annually shall use at least twenty per cent of the	30712
funds calculated for the district under this division for	30713
intervention services required by section 3313.608 of the Revised	30714
Code.	30715

(D) A payment for all-day kindergarten if the DPIA index of	30716
the school district is greater than or equal to one or if the	30717
district's three-year average formula ADM exceeded seventeen	30718
thousand five hundred, calculated by multiplying the all-day	30719
kindergarten percentage by the kindergarten ADM and multiplying	30720
that product by the formula amount.	30721

(E) A class-size reduction payment based on calculating the	30722
number of new teachers necessary to achieve a lower	30723
student-teacher ratio, as follows:	30724

(1) Determine or calculate a formula number of teachers per	30725
one thousand students based on the DPIA index of the school	30726
district as follows:	30727

(a) If the DPIA index of the school district is less than	30728
six-tenths, the formula number of teachers is 43.478, which is the	30729
number of teachers per one thousand students at a student-teacher	30730
ratio of twenty-three to one;	30731

(b) If the DPIA index of the school district is greater than	30732
or equal to six-tenths, but less than two and one-half, the	30733
formula number of teachers is calculated as follows:	30734

43.478 + {[(DPIA index-0.6)/ 1.9] X 23.188}

30735

Where 43.478 is the number of teachers per one thousand	30736
students at a student-teacher ratio of twenty-three to one; 1.9 is	30737
the interval from a DPIA index of six-tenths to a DPIA index of	30738
two and one-half; and 23.188 is the difference in the number of	30739
teachers per one thousand students at a student-teacher ratio of	30740
fifteen to one and the number of teachers per one thousand	30741
students at a student-teacher ratio of twenty-three to one.	30742

(c) If the DPIA index of the school district is greater than	30743
or equal to two and one-half, the formula number of teachers is	30744
66.667, which is the number of teachers per one thousand students	30745
at a student-teacher ratio of fifteen to one.	30746

(2) Multiply the formula number of teachers determined or	30747
calculated in division (E)(1) of this section by the kindergarten	30748
through third grade ADM for the district and divide that product	30749
by one thousand;	30750

(3) Calculate the number of new teachers as follows:

30751

(a) Multiply the kindergarten through third grade ADM by	30752
43.478, which is the number of teachers per one thousand students	30753
at a student-teacher ratio of twenty-three to one, and divide that	30754
product by one thousand;	30755

(b) Subtract the quotient obtained in division (E)(3)(a) of	30756
this section from the product in division (E)(2) of this section.	30757

(4) Multiply the greater of the difference obtained under	30758
division (E)(3) of this section or zero by the statewide average	30759
teachers salary.	30760

(F) This division applies only to school districts whose DPIA	30761
index is one or greater.	30762

(1) Each school district subject to this division shall first	30763
utilize funds received under this section so that, when combined	30764
with other funds of the district, sufficient funds exist to	30765
provide all-day kindergarten to at least the number of children in	30766
the district's all-day kindergarten percentage.	30767

(2) Up to an amount equal to the district's DPIA index	30768
multiplied by its DPIA student count multiplied by two hundred	30769
thirty dollars of the money distributed under this section may be	30770
utilized for one or both of the following:	30771

(a) Programs designed to ensure that schools are free of	30772
drugs and violence and have a disciplined environment conducive to	30773
learning;	30774

(b) Remediation for students who have failed or are in danger	30775
of failing any of the tests administered pursuant to section	30776
3301.0710 of the Revised Code.	30777

Beginning with the school year that starts on July 1, 2002,	30778
each school district shall use at least twenty per cent of the	30779
funds set aside for the purposes of divisions (F)(2)(a) and (b) of	30780
this section to provide intervention services required by section	30781
3313.608 of the Revised Code.	30782

(3) Except as otherwise required by division (G) or permitted	30783
under division (K) of this section, all other funds distributed	30784
under this section to districts subject to this division shall be	30785
utilized for the purpose of the third grade guarantee. The third	30786
grade guarantee consists of increasing the amount of instructional	30787
attention received per pupil in kindergarten through third grade,	30788
either by reducing the ratio of students to instructional	30789
personnel or by increasing the amount of instruction and	30790
curriculum-related activities by extending the length of the	30791
school day or the school year.	30792

School districts may implement a reduction of the ratio of	30793
students to instructional personnel through any or all of the	30794
following methods:	30795

(a) Reducing the number of students in a classroom taught by	30796
a single teacher;	30797

(b) Employing full-time educational aides or educational	30798
paraprofessionals issued a permit or license under section	30799
3319.088 of the Revised Code;	30800

(c) Instituting a team-teaching method that will result in a	30801
lower student-teacher ratio in a classroom.	30802

Districts may extend the school day either by increasing the	30803
amount of time allocated for each class, increasing the number of	30804
classes provided per day, offering optional academic-related	30805
after-school programs, providing curriculum-related extra	30806
curricular activities, or establishing tutoring or remedial	30807
services for students who have demonstrated an educational need.	30808
In accordance with section 3319.089 of the Revised Code, a	30809
district extending the school day pursuant to this division may	30810
utilize a participant of the work experience program who has a	30811
child enrolled in a public school in that district and who is	30812
fulfilling the work requirements of that program by volunteering	30813
or working in that public school. If the work experience program	30814
participant is compensated, the school district may use the funds	30815
distributed under this section for all or part of the	30816
compensation.	30817

Districts may extend the school year either through adding	30818
regular days of instruction to the school calendar or by providing	30819
summer programs.	30820

(G) Each district subject to division (F) of this section	30821
shall not expend any funds received under division (E) of this	30822
section in any school buildings that are not buildings with the	30823
highest concentration of need, unless there is a ratio of	30824
instructional personnel to students of no more than fifteen to one	30825
in each kindergarten and first grade class in all buildings with	30826
the highest concentration of need. This division does not require	30827
that the funds used in buildings with the highest concentration of	30828
need be spent solely to reduce the ratio of instructional	30829
personnel to students in kindergarten and first grade. A school	30830
district may spend the funds in those buildings in any manner	30831
permitted by division (F)(3) of this section, but may not spend	30832
the money in other buildings unless the fifteen-to-one ratio	30833
required by this division is attained.	30834

(H)(1) By the first day of August of each fiscal year, each	30835
school district wishing to receive any funds under division (D) of	30836
this section shall submit to the department of education an	30837
estimate of its all-day kindergarten percentage. Each district	30838
shall update its estimate throughout the fiscal year in the form	30839
and manner required by the department, and the department shall	30840
adjust payments under this section to reflect the updates.	30841

(2) Annually by the end of December, the department of	30842
education, utilizing data from the information system established	30843
under section 3301.0714 of the Revised Code and after consultation	30844
with the legislative office of education oversight, shall	30845
determine for each school district subject to division (F) of this	30846
section whether in the preceding fiscal year the district's ratio	30847
of instructional personnel to students and its number of	30848
kindergarten students receiving all-day kindergarten appear	30849
reasonable, given the amounts of money the district received for	30850
that fiscal year pursuant to divisions (D) and (E) of this	30851
section. If the department is unable to verify from the data	30852
available that students are receiving reasonable amounts of	30853
instructional attention and all-day kindergarten, given the funds	30854
the district has received under this section and that class-size	30855
reduction funds are being used in school buildings with the	30856
highest concentration of need as required by division (G) of this	30857
section, the department shall conduct a more intensive	30858
investigation to ensure that funds have been expended as required	30859
by this section. The department shall file an annual report of its	30860
findings under this division with the chairpersons of the	30861
committees in each house of the general assembly dealing with	30862
finance and education.	30863

(I) Any school district with a DPIA index less than one and a	30864
three-year average formula ADM exceeding seventeen thousand five	30865
hundred shall first utilize funds received under this section so	30866
that, when combined with other funds of the district, sufficient	30867
funds exist to provide all-day kindergarten to at least the number	30868
of children in the district's all-day kindergarten percentage.	30869
Such a district shall expend at least seventy per cent of the	30870
remaining funds received under this section, and any other	30871
district with a DPIA index less than one shall expend at least	30872
seventy per cent of all funds received under this section, for any	30873
of the following purposes:	30874

(1) The purchase of technology for instructional purposes;

30875

(2) All-day kindergarten;

30876

(3) Reduction of class sizes;

30877

(4) Summer school remediation;

30878

(5) Dropout prevention programs;

30879

(6) Guaranteeing that all third graders are ready to progress	30880
to more advanced work;	30881

(7) Summer education and work programs;

30882

(8) Adolescent pregnancy programs;

30883

(9) Head start or preschool programs;

30884

(10) Reading improvement programs described by the department	30885
of education;	30886

(11) Programs designed to ensure that schools are free of	30887
drugs and violence and have a disciplined environment conducive to	30888
learning;	30889

(12) Furnishing, free of charge, materials used in courses of	30890
instruction, except for the necessary textbooks or electronic	30891
textbooks required to be furnished without charge pursuant to	30892
section 3329.06 of the Revised Code, to pupils living in families	30893
participating in Ohio works first in accordance with section	30894
3313.642 of the Revised Code;	30895

(13) School breakfasts provided pursuant to section 3313.813	30896
of the Revised Code.	30897

Each district shall submit to the department, in such format	30898
and at such time as the department shall specify, a report on the	30899
programs for which it expended funds under this division.	30900

(J) If at any time the superintendent of public instruction	30901
determines that a school district receiving funds under division	30902
(D) of this section has enrolled less than the all-day	30903
kindergarten percentage reported for that fiscal year, the	30904
superintendent shall withhold from the funds otherwise due the	30905
district under this section a proportional amount as determined by	30906
the difference in the certified all-day kindergarten percentage	30907
and the percentage actually enrolled in all-day kindergarten.	30908

The superintendent shall also withhold an appropriate amount	30909
of funds otherwise due a district for any other misuse of funds	30910
not in accordance with this section.	30911

(K)(1) A district may use a portion of the funds calculated	30912
for it under division (D) of this section to modify or purchase	30913
classroom space to provide all-day kindergarten, if both of the	30914
following conditions are met:	30915

(a) The district certifies to the department, in a manner	30916
acceptable to the department, that it has a shortage of space for	30917
providing all-day kindergarten.	30918

(b) The district provides all-day kindergarten to the number	30919
of children in the all-day kindergarten percentage it certified	30920
under this section.	30921

(2) A district may use a portion of the funds described in	30922
division (F)(3) of this section to modify or purchase classroom	30923
space to enable it to further reduce class size in grades	30924
kindergarten through two with a goal of attaining class sizes of	30925
fifteen students per licensed teacher. To do so, the district must	30926
certify its need for additional space to the department, in a	30927
manner satisfactory to the department.	30928

Sec. 3317.0217. The department of education shall annually	30929
compute and pay state parity aid to school districts, as follows:	30930

(A) Calculate the local wealth per pupil of each school	30931
district, which equals the following sum:	30932

(1) Two-thirds times the quotient of (a) the district's	30933
recognized valuation divided by (b) its formula ADM; plus	30934

(2) One-third times the quotient of (a) the average of the	30935
total federal adjusted gross income of the school district's	30936
residents for the three years most recently reported under section	30937
3317.021 of the Revised Code divided by (b) its formula ADM.	30938

(B) Rank all school districts in order of local wealth per	30939
pupil, from the district with the lowest local wealth per pupil to	30940
the district with the highest local wealth per pupil.	30941

(C) Compute the per pupil state parity aid funding for each	30942
school district in accordance with the following formula:	30943

Payment percentage X (threshold local wealth

30944

per pupil - the district's local

30945

wealth per pupil) X 0.0095

30946

Where:

30947

(1) "Payment percentage," for purposes of division (C) of	30948
this section, equals 20% in fiscal year 2002, 40% in fiscal year	30949
2003, ~~60%~~58% in fiscal year 2004, ~~80%~~76% in fiscal year 2005,	30950
and 100% after fiscal year 2005.	30951

(2) Nine and one-half mills (0.0095) is the general	30952
assembly's determination of the average number of effective	30953
operating mills that districts in the seventieth to ninetieth	30954
percentiles of valuations per pupil collected in fiscal year 2001	30955
above the revenues required to finance their attributed local	30956
shares of the calculated cost of an adequate education. This was	30957
determined by (a) adding the district revenues from operating	30958
property tax levies and income tax levies, (b) subtracting from	30959
that total the sum of (i) twenty-three mills times adjusted	30960
recognized valuation plus (ii) the attributed local shares of	30961
special education, transportation, and vocational education	30962
funding as described in divisions (F)(1) to (3) of section	30963
3317.022 of the Revised Code, and (c) converting the result to an	30964
effective operating property tax rate.	30965

(3) The "threshold local wealth per pupil" is the local	30966
wealth per pupil of the school district with the	30967
four-hundred-ninetieth lowest local wealth per pupil.	30968

If the result of the calculation for a school district under	30969
division (C) of this section is less than zero, the district's per	30970
pupil parity aid shall be zero.	30971

(D) Compute the per pupil alternative parity aid for each	30972
school district that has a combination of an income factor of 1.0	30973
or less, a DPIA index of 1.0 or greater, and a	30974
cost-of-doing-business factor of 1.0375 or greater, in accordance	30975
with the following formula:	30976

Payment percentage X $60,000 X	30977

(1 - income factor) X 4/15 X 0.023

30978

Where:

30979

(1) "DPIA index" has the same meaning as in section 3317.029	30980
of the Revised Code.	30981

(2) "Payment percentage," for purposes of division (D) of	30982
this section, equals 50% in fiscal year 2002 and 100% after fiscal	30983
year 2002.	30984

(E) Pay each district that has a combination of an income	30985
factor 1.0 or less, a DPIA index of 1.0 or greater, and a	30986
cost-of-doing-business factor of 1.0375 or greater, the greater of	30987
the following:	30988

(1) The product of the district's per pupil parity aid	30989
calculated under division (C) of this section times its formula	30990
ADM;	30991

(2) The product of its per pupil alternative parity aid	30992
calculated under division (D) of this section times its formula	30993
ADM.	30994

(F) Pay every other district the product of its per pupil	30995
parity aid calculated under division (C) of this section times its	30996
formula ADM.	30997

~~Every six years, the general assembly shall redetermine,~~	30998
~~after considering the report of the committee appointed under~~	30999
~~section 3317.012 of the Revised Code, the average number of~~	31000
~~effective operating mills that districts in the seventieth to~~	31001
~~ninetieth percentiles of valuations per pupil collect above the~~	31002
~~revenues required to finance their attributed local shares of the~~	31003
~~cost of an adequate education.~~	31004

Sec. 3317.03. Notwithstanding divisions (A)(1), (B)(1), and	31005
(C) of this section, any student enrolled in kindergarten more	31006
than half time shall be reported as one-half student under this	31007
section.	31008

(A) The superintendent of each city and exempted village	31009
school district and of each educational service center shall, for	31010
the schools under the superintendent's supervision, certify to the	31011
state board of education on or before the fifteenth day of October	31012
in each year for the first full school week in October the formula	31013
ADM, which shall consist of the average daily membership during	31014
such week of the sum of the following:	31015

(1) On an FTE basis, the number of students in grades	31016
kindergarten through twelve receiving any educational services	31017
from the district, except that the following categories of	31018
students shall not be included in the determination:	31019

(a) Students enrolled in adult education classes;

31020

(b) Adjacent or other district students enrolled in the	31021
district under an open enrollment policy pursuant to section	31022
3313.98 of the Revised Code;	31023

(c) Students receiving services in the district pursuant to a	31024
compact, cooperative education agreement, or a contract, but who	31025
are entitled to attend school in another district pursuant to	31026
section 3313.64 or 3313.65 of the Revised Code;	31027

(d) Students for whom tuition is payable pursuant to sections	31028
3317.081 and 3323.141 of the Revised Code.	31029

(2) On an FTE basis, the number of students entitled to	31030
attend school in the district pursuant to section 3313.64 or	31031
3313.65 of the Revised Code, but receiving educational services in	31032
grades kindergarten through twelve from one or more of the	31033
following entities:	31034

(a) A community school pursuant to Chapter 3314. of the	31035
Revised Code, including any participation in a college pursuant to	31036
Chapter 3365. of the Revised Code while enrolled in such community	31037
school;	31038

(b) An alternative school pursuant to sections 3313.974 to	31039
3313.979 of the Revised Code as described in division (I)(2)(a) or	31040
(b) of this section;	31041

(c) A college pursuant to Chapter 3365. of the Revised Code,	31042
except when the student is enrolled in the college while also	31043
enrolled in a community school pursuant to Chapter 3314. of the	31044
Revised Code;	31045

(d) An adjacent or other school district under an open	31046
enrollment policy adopted pursuant to section 3313.98 of the	31047
Revised Code;	31048

(e) An educational service center or cooperative education	31049
district;	31050

(f) Another school district under a cooperative education	31051
agreement, compact, or contract.	31052

(3) ~~One-fourth~~Twenty per cent of the number of students	31053
enrolled in a joint vocational school district or under a	31054
vocational education compact, excluding any students entitled to	31055
attend school in the district under section 3313.64 or 3313.65 of	31056
the Revised Code who are enrolled in another school district	31057
through an open enrollment policy as reported under division	31058
(A)(2)(d) of this section and then enroll in a joint vocational	31059
school district or under a vocational education compact;	31060

(4) The number of handicapped children, other than	31061
handicapped preschool children, entitled to attend school in the	31062
district pursuant to section 3313.64 or 3313.65 of the Revised	31063
Code who are placed with a county MR/DD board, minus the number of	31064
such children placed with a county MR/DD board in fiscal year	31065
1998. If this calculation produces a negative number, the number	31066
reported under division (A)(4) of this section shall be zero.	31067

(B) To enable the department of education to obtain the data	31068
needed to complete the calculation of payments pursuant to this	31069
chapter, in addition to the formula ADM, each superintendent shall	31070
report separately the following student counts:	31071

(1) The total average daily membership in regular day classes	31072
included in the report under division (A)(1) or (2) of this	31073
section for kindergarten, and each of grades one through twelve in	31074
schools under the superintendent's supervision;	31075

(2) The number of all handicapped preschool children enrolled	31076
as of the first day of December in classes in the district that	31077
are eligible for approval ~~by the state board of education~~ under	31078
division (B) of section 3317.05 of the Revised Code and the number	31079
of those classes, which shall be reported not later than the	31080
fifteenth day of December, in accordance with rules adopted under	31081
that section;	31082

(3) The number of children entitled to attend school in the	31083
district pursuant to section 3313.64 or 3313.65 of the Revised	31084
Code who are participating in a pilot project scholarship program	31085
established under sections 3313.974 to 3313.979 of the Revised	31086
Code as described in division (I)(2)(a) or (b) of this section,	31087
are enrolled in a college under Chapter 3365. of the Revised Code,	31088
except when the student is enrolled in the college while also	31089
enrolled in a community school pursuant to Chapter 3314. of the	31090
Revised Code, are enrolled in an adjacent or other school district	31091
under section 3313.98 of the Revised Code, are enrolled in a	31092
community school established under Chapter 3314. of the Revised	31093
Code, including any participation in a college pursuant to Chapter	31094
3365. of the Revised Code while enrolled in such community school,	31095
or are participating in a program operated by a county MR/DD board	31096
or a state institution;	31097

(4) The number of pupils enrolled in joint vocational	31098
schools;	31099

(5) The average daily membership of handicapped children	31100
reported under division (A)(1) or (2) of this section receiving	31101
special education services for the category one handicap described	31102
in division (A) of section 3317.013 of the Revised Code;	31103

(6) The average daily membership of handicapped children	31104
reported under division (A)(1) or (2) of this section receiving	31105
special education services for category two handicaps described in	31106
division (B) of section 3317.013 of the Revised Code;	31107

(7) The average daily membership of handicapped children	31108
reported under division (A)(1) or (2) of this section receiving	31109
special education services for category three handicaps described	31110
in division (C) of section 3317.013 of the Revised Code;	31111

(8) The average daily membership of handicapped children	31112
reported under division (A)(1) or (2) of this section receiving	31113
special education services for category four handicaps described	31114
in division (D) of section 3317.013 of the Revised Code;	31115

(9) The average daily membership of handicapped children	31116
reported under division (A)(1) or (2) of this section receiving	31117
special education services for the category five handicap	31118
described in division (E) of section 3317.013 of the Revised Code;	31119

(10) The average daily membership of handicapped children	31120
reported under division (A)(1) or (2) of this section receiving	31121
special education services for category six handicaps described in	31122
division (F) of section 3317.013 of the Revised Code;	31123

(11) The average daily membership of pupils reported under	31124
division (A)(1) or (2) of this section enrolled in category one	31125
vocational education programs or classes, described in division	31126
(A) of section 3317.014 of the Revised Code, operated by the	31127
school district or by another district, other than a joint	31128
vocational school district, or by an educational service center;	31129

(12) The average daily membership of pupils reported under	31130
division (A)(1) or (2) of this section enrolled in category two	31131
vocational education programs or services, described in division	31132
(B) of section 3317.014 of the Revised Code, operated by the	31133
school district or another school district, other than a joint	31134
vocational school district, or by an educational service center;	31135

(13) The average number of children transported by the school	31136
district on board-owned or contractor-owned and -operated buses,	31137
reported in accordance with rules adopted by the department of	31138
education;	31139

(14)(a) The number of children, other than handicapped	31140
preschool children, the district placed with a county MR/DD board	31141
in fiscal year 1998;	31142

(b) The number of handicapped children, other than	31143
handicapped preschool children, placed with a county MR/DD board	31144
in the current fiscal year to receive special education services	31145
for the category one handicap described in division (A) of section	31146
3317.013 of the Revised Code;	31147

(c) The number of handicapped children, other than	31148
handicapped preschool children, placed with a county MR/DD board	31149
in the current fiscal year to receive special education services	31150
for category two handicaps described in division (B) of section	31151
3317.013 of the Revised Code;	31152

(d) The number of handicapped children, other than	31153
handicapped preschool children, placed with a county MR/DD board	31154
in the current fiscal year to receive special education services	31155
for category three handicaps described in division (C) of section	31156
3317.013 of the Revised Code;	31157

(e) The number of handicapped children, other than	31158
handicapped preschool children, placed with a county MR/DD board	31159
in the current fiscal year to receive special education services	31160
for category four handicaps described in division (D) of section	31161
3317.013 of the Revised Code;	31162

(f) The number of handicapped children, other than	31163
handicapped preschool children, placed with a county MR/DD board	31164
in the current fiscal year to receive special education services	31165
for the category five handicap described in division (E) of	31166
section 3317.013 of the Revised Code;	31167

(g) The number of handicapped children, other than	31168
handicapped preschool children, placed with a county MR/DD board	31169
in the current fiscal year to receive special education services	31170
for category six handicaps described in division (F) of section	31171
3317.013 of the Revised Code.	31172

(C)(1) Except as otherwise provided in this section for	31173
kindergarten students, the average daily membership in divisions	31174
(B)(1) to (12) of this section shall be based upon the number of	31175
full-time equivalent students. The state board of education shall	31176
adopt rules defining full-time equivalent students and for	31177
determining the average daily membership therefrom for the	31178
purposes of divisions (A), (B), and (D) of this section.	31179

(2) A student enrolled in a community school established	31180
under Chapter 3314. of the Revised Code shall be counted in the	31181
formula ADM and, if applicable, the category one, two, three,	31182
four, five, or six special education ADM of the school district in	31183
which the student is entitled to attend school under section	31184
3313.64 or 3313.65 of the Revised Code for the same proportion of	31185
the school year that the student is counted in the enrollment of	31186
the community school for purposes of section 3314.08 of the	31187
Revised Code.	31188

(3) No child shall be counted as more than a total of one	31189
child in the sum of the average daily memberships of a school	31190
district under division (A), divisions (B)(1) to (12), or division	31191
(D) of this section, except as follows:	31192

(a) A child with a handicap described in section 3317.013 of	31193
the Revised Code may be counted both in formula ADM and in	31194
category one, two, three, four, five, or six special education ADM	31195
and, if applicable, in category one or two vocational education	31196
ADM. As provided in division (C) of section 3317.02 of the Revised	31197
Code, such a child shall be counted in category one, two, three,	31198
four, five, or six special education ADM in the same proportion	31199
that the child is counted in formula ADM.	31200

(b) A child enrolled in vocational education programs or	31201
classes described in section 3317.014 of the Revised Code may be	31202
counted both in formula ADM and category one or two vocational	31203
education ADM and, if applicable, in category one, two, three,	31204
four, five, or six special education ADM. Such a child shall be	31205
counted in category one or two vocational education ADM in the	31206
same proportion as the percentage of time that the child spends in	31207
the vocational education programs or classes.	31208

(4) Based on the information reported under this section, the	31209
department of education shall determine the total student count,	31210
as defined in section 3301.011 of the Revised Code, for each	31211
school district.	31212

(D)(1) The superintendent of each joint vocational school	31213
district shall certify to the superintendent of public instruction	31214
on or before the fifteenth day of October in each year for the	31215
first full school week in October the formula ADM, which, except	31216
as otherwise provided in this division, shall consist of the	31217
average daily membership during such week, on an FTE basis, of the	31218
number of students receiving any educational services from the	31219
district, including students enrolled in a community school	31220
established under Chapter 3314. of the Revised Code who are	31221
attending the joint vocational district under an agreement between	31222
the district board of education and the governing authority of the	31223
community school and are entitled to attend school in a city,	31224
local, or exempted village school district whose territory is part	31225
of the territory of the joint vocational district.	31226

The following categories of students shall not be included in	31227
the determination made under division (D)(1) of this section:	31228

(a) Students enrolled in adult education classes;

31229

(b) Adjacent or other district joint vocational students	31230
enrolled in the district under an open enrollment policy pursuant	31231
to section 3313.98 of the Revised Code;	31232

(c) Students receiving services in the district pursuant to a	31233
compact, cooperative education agreement, or a contract, but who	31234
are entitled to attend school in a city, local, or exempted	31235
village school district whose territory is not part of the	31236
territory of the joint vocational district;	31237

(d) Students for whom tuition is payable pursuant to sections	31238
3317.081 and 3323.141 of the Revised Code.	31239

(2) To enable the department of education to obtain the data	31240
needed to complete the calculation of payments pursuant to this	31241
chapter, in addition to the formula ADM, each superintendent shall	31242
report separately the average daily membership included in the	31243
report under division (D)(1) of this section for each of the	31244
following categories of students:	31245

(a) Students enrolled in each grade included in the joint	31246
vocational district schools;	31247

(b) Handicapped children receiving special education services	31248
for the category one handicap described in division (A) of section	31249
3317.013 of the Revised Code;	31250

(c) Handicapped children receiving special education services	31251
for the category two handicaps described in division (B) of	31252
section 3317.013 of the Revised Code;	31253

(d) Handicapped children receiving special education services	31254
for category three handicaps described in division (C) of section	31255
3317.013 of the Revised Code;	31256

(e) Handicapped children receiving special education services	31257
for category four handicaps described in division (D) of section	31258
3317.013 of the Revised Code;	31259

(f) Handicapped children receiving special education services	31260
for the category five handicap described in division (E) of	31261
section 3317.013 of the Revised Code;	31262

(g) Handicapped children receiving special education services	31263
for category six handicaps described in division (F) of section	31264
3317.013 of the Revised Code;	31265

(h) Students receiving category one vocational education	31266
services, described in division (A) of section 3317.014 of the	31267
Revised Code;	31268

(i) Students receiving category two vocational education	31269
services, described in division (B) of section 3317.014 of the	31270
Revised Code.	31271

The superintendent of each joint vocational school district	31272
shall also indicate the city, local, or exempted village school	31273
district in which each joint vocational district pupil is entitled	31274
to attend school pursuant to section 3313.64 or 3313.65 of the	31275
Revised Code.	31276

(E) In each school of each city, local, exempted village,	31277
joint vocational, and cooperative education school district there	31278
shall be maintained a record of school membership, which record	31279
shall accurately show, for each day the school is in session, the	31280
actual membership enrolled in regular day classes. For the purpose	31281
of determining average daily membership, the membership figure of	31282
any school shall not include any pupils except those pupils	31283
described by division (A) of this section. The record of	31284
membership for each school shall be maintained in such manner that	31285
no pupil shall be counted as in membership prior to the actual	31286
date of entry in the school and also in such manner that where for	31287
any cause a pupil permanently withdraws from the school that pupil	31288
shall not be counted as in membership from and after the date of	31289
such withdrawal. There shall not be included in the membership of	31290
any school any of the following:	31291

(1) Any pupil who has graduated from the twelfth grade of a	31292
public high school;	31293

(2) Any pupil who is not a resident of the state;

31294

(3) Any pupil who was enrolled in the schools of the district	31295
during the previous school year when tests were administered under	31296
section 3301.0711 of the Revised Code but did not take one or more	31297
of the tests required by that section and was not excused pursuant	31298
to division (C)(1) of that section;	31299

(4) Any pupil who has attained the age of twenty-two years,	31300
except for veterans of the armed services whose attendance was	31301
interrupted before completing the recognized twelve-year course of	31302
the public schools by reason of induction or enlistment in the	31303
armed forces and who apply for reenrollment in the public school	31304
system of their residence not later than four years after	31305
termination of war or their honorable discharge.	31306

If, however, any veteran described by division (E)(4) of this	31307
section elects to enroll in special courses organized for veterans	31308
for whom tuition is paid under the provisions of federal laws, or	31309
otherwise, that veteran shall not be included in average daily	31310
membership.	31311

Notwithstanding division (E)(3) of this section, the	31312
membership of any school may include a pupil who did not take a	31313
test required by section 3301.0711 of the Revised Code if the	31314
superintendent of public instruction grants a waiver from the	31315
requirement to take the test to the specific pupil. The	31316
superintendent may grant such a waiver only for good cause in	31317
accordance with rules adopted by the state board of education.	31318

Except as provided in divisions (B)(2) and (F) of this	31319
section, the average daily membership figure of any local, city,	31320
exempted village, or joint vocational school district shall be	31321
determined by dividing the figure representing the sum of the	31322
number of pupils enrolled during each day the school of attendance	31323
is actually open for instruction during the first full school week	31324
in October by the total number of days the school was actually	31325
open for instruction during that week. For purposes of state	31326
funding, "enrolled" persons are only those pupils who are	31327
attending school, those who have attended school during the	31328
current school year and are absent for authorized reasons, and	31329
those handicapped children currently receiving home instruction.	31330

The average daily membership figure of any cooperative	31331
education school district shall be determined in accordance with	31332
rules adopted by the state board of education.	31333

(F)(1) If the formula ADM for the first full school week in	31334
February is at least three per cent greater than that certified	31335
for the first full school week in the preceding October, the	31336
superintendent of schools of any city, exempted village, or joint	31337
vocational school district or educational service center shall	31338
certify such increase to the superintendent of public instruction.	31339
Such certification shall be submitted no later than the fifteenth	31340
day of February. For the balance of the fiscal year, beginning	31341
with the February payments, the superintendent of public	31342
instruction shall use the increased formula ADM in calculating or	31343
recalculating the amounts to be allocated in accordance with	31344
section 3317.022 or 3317.16 of the Revised Code. In no event shall	31345
the superintendent use an increased membership certified to the	31346
superintendent after the fifteenth day of February.	31347

(2) If on the first school day of April the total number of	31348
classes or units for handicapped preschool children that are	31349
eligible for approval under division (B) of section 3317.05 of the	31350
Revised Code exceeds the number of units that have been approved	31351
for the year under that division, the superintendent of schools of	31352
any city, exempted village, or cooperative education school	31353
district or educational service center shall make the	31354
certifications required by this section for that day. If the ~~state~~	31355
~~board of education~~department determines additional units can be	31356
approved for the fiscal year within any limitations set forth in	31357
the acts appropriating moneys for the funding of such units, the	31358
~~board~~department shall approve additional units for the fiscal	31359
year on the basis of such average daily membership. For each unit	31360
so approved, the department ~~of education~~ shall pay an amount	31361
computed in the manner prescribed in section 3317.052 or 3317.19	31362
and section 3317.053 of the Revised Code.	31363

(3) If a student attending a community school under Chapter	31364
3314. of the Revised Code is not included in the formula ADM	31365
certified for the first full school week of October for the school	31366
district in which the student is entitled to attend school under	31367
section 3313.64 or 3313.65 of the Revised Code, the department of	31368
education shall adjust the formula ADM of that school district to	31369
include the community school student in accordance with division	31370
(C)(2) of this section, and shall recalculate the school	31371
district's payments under this chapter for the entire fiscal year	31372
on the basis of that adjusted formula ADM. This requirement	31373
applies regardless of whether the student was enrolled, as defined	31374
in division (E) of this section, in the community school during	31375
the first full school week in October.	31376

(G)(1)(a) The superintendent of an institution operating a	31377
special education program pursuant to section 3323.091 of the	31378
Revised Code shall, for the programs under such superintendent's	31379
supervision, certify to the state board of education the average	31380
daily membership of all handicapped children in classes or	31381
programs approved annually by the ~~state board~~department of	31382
education, in the manner prescribed by the superintendent of	31383
public instruction.	31384

(b) The superintendent of an institution with vocational	31385
education units approved under division (A) of section 3317.05 of	31386
the Revised Code shall, for the units under the superintendent's	31387
supervision, certify to the state board of education the average	31388
daily membership in those units, in the manner prescribed by the	31389
superintendent of public instruction.	31390

(2) The superintendent of each county MR/DD board that	31391
maintains special education classes under section 3317.20 of the	31392
Revised Code or units approved ~~by the state board of education~~	31393
pursuant to section 3317.05 of the Revised Code shall do both of	31394
the following:	31395

(a) Certify to the state board, in the manner prescribed by	31396
the board, the average daily membership in classes under section	31397
3317.20 of the Revised Code for each school district that has	31398
placed children in the classes;	31399

(b) Certify to the state board, in the manner prescribed by	31400
the board, the number of all handicapped preschool children	31401
enrolled as of the first day of December in classes eligible for	31402
approval under division (B) of section 3317.05 of the Revised	31403
Code, and the number of those classes.	31404

(3)(a) If on the first school day of April the number of	31405
classes or units maintained for handicapped preschool children by	31406
the county MR/DD board that are eligible for approval under	31407
division (B) of section 3317.05 of the Revised Code is greater	31408
than the number of units approved for the year under that	31409
division, the superintendent shall make the certification required	31410
by this section for that day.	31411

(b) If the ~~state board~~department determines that additional	31412
classes or units can be approved for the fiscal year within any	31413
limitations set forth in the acts appropriating moneys for the	31414
funding of the classes and units described in division (G)(3)(a)	31415
of this section, the ~~board~~department shall approve and fund	31416
additional units for the fiscal year on the basis of such average	31417
daily membership. For each unit so approved, the department of	31418
~~education~~ shall pay an amount computed in the manner prescribed in	31419
sections 3317.052 and 3317.053 of the Revised Code.	31420

(H) Except as provided in division (I) of this section, when	31421
any city, local, or exempted village school district provides	31422
instruction for a nonresident pupil whose attendance is	31423
unauthorized attendance as defined in section 3327.06 of the	31424
Revised Code, that pupil's membership shall not be included in	31425
that district's membership figure used in the calculation of that	31426
district's formula ADM or included in the determination of any	31427
unit approved for the district under section 3317.05 of the	31428
Revised Code. The reporting official shall report separately the	31429
average daily membership of all pupils whose attendance in the	31430
district is unauthorized attendance, and the membership of each	31431
such pupil shall be credited to the school district in which the	31432
pupil is entitled to attend school under division (B) of section	31433
3313.64 or section 3313.65 of the Revised Code as determined by	31434
the department of education.	31435

(I)(1) A city, local, exempted village, or joint vocational	31436
school district admitting a scholarship student of a pilot project	31437
district pursuant to division (C) of section 3313.976 of the	31438
Revised Code may count such student in its average daily	31439
membership.	31440

(2) In any year for which funds are appropriated for pilot	31441
project scholarship programs, a school district implementing a	31442
state-sponsored pilot project scholarship program that year	31443
pursuant to sections 3313.974 to 3313.979 of the Revised Code may	31444
count in average daily membership:	31445

(a) All children residing in the district and utilizing a	31446
scholarship to attend kindergarten in any alternative school, as	31447
defined in section 3313.974 of the Revised Code;	31448

(b) All children who were enrolled in the district in the	31449
preceding year who are utilizing a scholarship to attend any such	31450
alternative school.	31451

(J) The superintendent of each cooperative education school	31452
district shall certify to the superintendent of public	31453
instruction, in a manner prescribed by the state board of	31454
education, the applicable average daily memberships for all	31455
students in the cooperative education district, also indicating	31456
the city, local, or exempted village district where each pupil is	31457
entitled to attend school under section 3313.64 or 3313.65 of the	31458
Revised Code.	31459

Sec. 3317.032. (A) Each city, local, exempted village, and	31460
cooperative education school district, each educational service	31461
center, each county MR/DD board, and each institution operating a	31462
special education program pursuant to section 3323.091 of the	31463
Revised Code shall, in accordance with procedures adopted by the	31464
state board of education, maintain a record of district membership	31465
of both of the following:	31466

(1) All handicapped preschool children in units approved	31467
under division (B) of section 3317.05 of the Revised Code;	31468

(2) All handicapped preschool children who are not in units	31469
approved ~~by the state board~~ under division (B) of section 3317.05	31470
of the Revised Code but who are otherwise served by a special	31471
education program.	31472

(B) The superintendent of each district, board, or	31473
institution subject to division (A) of this section shall certify	31474
to the state board of education, in accordance with procedures	31475
adopted by that board, membership figures of all handicapped	31476
preschool children whose membership is maintained under division	31477
(A)(2) of this section. The figures certified under this division	31478
shall be used in the determination of the ADM used to compute	31479
funds for educational service center governing boards under	31480
~~division (B) of~~ section 3317.11 of the Revised Code.	31481

Sec. 3317.05. (A) For the purpose of calculating payments	31482
under sections 3317.052 and 3317.053 of the Revised Code, the	31483
~~state board~~department of education shall determine for each	31484
institution, by the last day of January of each year and based on	31485
information certified under section 3317.03 of the Revised Code,	31486
the number of vocational education units or fractions of units	31487
approved by the ~~state board~~department on the basis of standards	31488
and rules adopted by the state board of education. As used in this	31489
division, "institution" means an institution operated by a	31490
department specified in section 3323.091 of the Revised Code and	31491
that provides vocational education programs under the supervision	31492
of the division of vocational education of the department of	31493
~~education~~ that meet the standards and rules for these programs,	31494
including licensure of professional staff involved in the	31495
programs, as established by the state board ~~of education~~.	31496

(B) For the purpose of calculating payments under sections	31497
3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the	31498
~~state board~~department shall determine, based on information	31499
certified under section 3317.03 of the Revised Code, the following	31500
by the last day of January of each year for each educational	31501
service center, for each school district, including each	31502
cooperative education school district, for each institution	31503
eligible for payment under section 3323.091 of the Revised Code,	31504
and for each county MR/DD board: the number of classes operated by	31505
the school district, service center, institution, or county MR/DD	31506
board for handicapped preschool children, or fraction thereof,	31507
including in the case of a district or service center that is a	31508
funding agent, classes taught by a licensed teacher employed by	31509
that district or service center under section 3313.841 of the	31510
Revised Code, approved annually by the ~~state board~~department on	31511
the basis of standards and rules adopted by the state board.	31512

(C) For the purpose of calculating payments under sections	31513
3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the	31514
~~state board~~department shall determine, based on information	31515
certified under section 3317.03 of the Revised Code, the following	31516
by the last day of January of each year for each school district,	31517
including each cooperative education school district, for each	31518
institution eligible for payment under section 3323.091 of the	31519
Revised Code, and for each county MR/DD board: the number of	31520
preschool handicapped related services units for child study,	31521
occupational, physical, or speech and hearing therapy, special	31522
education supervisors, and special education coordinators approved	31523
annually by the ~~state board~~department on the basis of standards	31524
and rules adopted by the state board.	31525

(D) For the purpose of calculating payments under sections	31526
3317.052 and 3317.053 of the Revised Code, the ~~state board~~	31527
department shall determine, based on information certified under	31528
section 3317.03 of the Revised Code, the following by the last day	31529
of January of each year for each institution eligible for payment	31530
under section 3323.091 of the Revised Code:	31531

(1) The number of classes operated by an institution for	31532
handicapped children other than handicapped preschool children, or	31533
fraction thereof, approved annually by the ~~state board~~department	31534
on the basis of standards and rules adopted by the state board;	31535

(2) The number of related services units for children other	31536
than handicapped preschool children for child study, occupational,	31537
physical, or speech and hearing therapy, special education	31538
supervisors, and special education coordinators approved annually	31539
by the ~~state board~~department on the basis of standards and rules	31540
adopted by the state board.	31541

(E) All of the arithmetical calculations made under this	31542
section shall be carried to the second decimal place. The total	31543
number of units for school districts, service centers, and	31544
institutions approved annually ~~by the state board~~ under this	31545
section shall not exceed the number of units included in the ~~state~~	31546
~~board's~~ estimate of cost for these units and appropriations made	31547
for them by the general assembly.	31548

In the case of units described in division (D)(1) of this	31549
section operated by institutions eligible for payment under	31550
section 3323.091 of the Revised Code, the ~~state board~~department	31551
shall approve only units for persons who are under age twenty-two	31552
on the first day of the academic year, but not less than six years	31553
of age on the thirtieth day of September of that year, except that	31554
such a unit may include one or more children who are under six	31555
years of age on the thirtieth day of September if such children	31556
have been admitted to the unit pursuant to rules of the state	31557
board. In the case of handicapped preschool units described in	31558
division (B) of this section ~~operated by county MR/DD boards and~~	31559
~~institutions eligible for payment under section 3323.091 of the~~	31560
~~Revised Code~~, the ~~state board~~department shall approve only	31561
preschool units for children who are under age six but not less	31562
than age three on the ~~thirtieth~~first day of ~~September~~December of	31563
the academic year, except that such a unit may include one or more	31564
children who are under age three or are age six or over on the	31565
~~thirtieth~~first day of ~~September~~December, as reported under	31566
division (B)(2) or (G)(2)(b) of section 3317.03 of the Revised	31567
Code, if such children have been admitted to the unit pursuant to	31568
rules of the state board ~~of education~~. The number of units for	31569
county MR/DD boards and institutions eligible for payment under	31570
section 3323.091 of the Revised Code approved ~~by the state board~~	31571
under this section shall not exceed the number that can be funded	31572
with appropriations made for such purposes by the general	31573
assembly.	31574

No unit shall be approved under divisions (B) to (D) of this	31575
section unless a plan has been submitted and approved under	31576
Chapter 3323. of the Revised Code.	31577

(F) The department shall approve units or fractions thereof	31578
for gifted children on the basis of standards and rules adopted by	31579
the state board.	31580

Sec. 3317.064. (A) There is hereby established in the state	31581
treasury the auxiliary services ~~mobile unit replacement and repair~~	31582
reimbursement fund. By the thirtieth day of January of each	31583
odd-numbered year, the director of job and family services and the	31584
superintendent of public instruction shall determine the amount of	31585
any excess moneys in the auxiliary services personnel unemployment	31586
compensation fund not reasonably necessary for the purposes of	31587
section 4141.47 of the Revised Code, and shall certify such amount	31588
to the director of budget and management for transfer to the	31589
auxiliary services ~~mobile unit replacement and repair~~	31590
reimbursement fund. If the director of job and family services and	31591
the superintendent disagree on such amount, the director of budget	31592
and management shall determine the amount to be transferred.	31593

(B) Moneys in the auxiliary services ~~mobile unit replacement~~	31594
~~and repair~~reimbursement fund shall be used for the relocation or	31595
for the replacement and repair of mobile units used to provide the	31596
services specified in division (E), (F), (G), or (I) of section	31597
3317.06 of the Revised Code. The state board of education shall	31598
adopt guidelines and procedures for replacement, repair, and	31599
relocation of mobile units and the procedures under which a school	31600
district may apply to receive moneys with which to repair or	31601
replace or relocate such units.	31602

(C) School districts may apply to the department for moneys	31603
from the auxiliary services ~~mobile unit replacement and repair~~	31604
reimbursement fund for payment of incentives for early retirement	31605
and severance for school district personnel assigned to provide	31606
services authorized by section 3317.06 of the Revised Code at	31607
chartered nonpublic schools. The portion of the cost of any early	31608
retirement or severance incentive for any employee that is paid	31609
using money from the auxiliary services ~~mobile unit replacement~~	31610
~~and repair~~reimbursement fund shall not exceed the percentage of	31611
such employee's total service credit that the employee spent	31612
providing services to chartered nonpublic school students under	31613
section 3317.06 of the Revised Code.	31614

Sec. 3317.07. The state board of education shall establish	31615
rules for the purpose of distributing subsidies for the purchase	31616
of school buses under division (E) of section 3317.024 of the	31617
Revised Code.	31618

No school bus subsidy payments shall be paid to any district	31619
unless such district can demonstrate that pupils residing more	31620
than one mile from the school could not be transported without	31621
such additional aid.	31622

The amount paid to a county MR/DD board for buses purchased	31623
for transportation of children in special education programs	31624
operated by the board shall be one hundred per cent of the board's	31625
net cost.	31626

The amount paid to a school district for buses purchased for	31627
transportation of handicapped and nonpublic school pupils shall be	31628
one hundred per cent of the school district's net cost.	31629

The state board of education shall adopt a formula to	31630
determine the amount of payments that shall be distributed to	31631
school districts to purchase school buses for pupils other than	31632
handicapped or nonpublic school pupils.	31633

If any district or MR/DD board obtains bus services for pupil	31634
transportation pursuant to a contract, such district or board may	31635
use payments received under this section to defray the costs of	31636
contracting for bus services in lieu of for purchasing buses.	31637

If the department of education determines that a county MR/DD	31638
board no longer needs a school bus because the board no longer	31639
transports children to a special education program operated by the	31640
board, or if the department determines that a school district no	31641
longer needs a school bus to transport pupils to a nonpublic	31642
school or special education program, the department may reassign a	31643
bus that was funded with payments provided pursuant to this	31644
section for the purpose of transporting such pupils. The	31645
department may reassign a bus to a county MR/DD board or school	31646
district that transports children to a special education program	31647
designated in the children's individualized education plans, or to	31648
a school district that transports pupils to a nonpublic school,	31649
and needs an additional school bus.	31650

Sec. 3317.09. All moneys distributed to a school district,	31651
including any cooperative education or joint vocational school	31652
district and all moneys distributed to any educational service	31653
center, by the state whether from a state or federal source, shall	31654
be accounted for by the division of school finance of the	31655
department of education. All moneys distributed shall be coded as	31656
to county, school district or educational service center, source,	31657
and other pertinent information, and at the end of each month, a	31658
report of such distribution shall be made by such division of	31659
school finance to the clerk of the senate and the chief	31660
administrative officer of the house of representatives, to the	31661
Ohio legislative service commission to be available for	31662
examination by any member of either house, to each school district	31663
and educational service center, and to the governor.	31664

On or before the first day of September in each year, a copy	31665
of the annual statistical report required in ~~sections~~section	31666
3319.33 ~~and 3319.34~~ of the Revised Code shall be filed by the	31667
state board of education with the clerk of the senate and the	31668
chief administrative officer of the house of representatives, the	31669
Ohio legislative service commission, the governor, and the auditor	31670
of state. The report shall contain an analysis for the prior	31671
fiscal year on an accrual basis of revenue receipts from all	31672
sources and expenditures for all purposes for each school district	31673
~~and each educational service center~~, including each joint	31674
vocational and cooperative education school district, in the	31675
state. If any board of education ~~or any educational service center~~	31676
~~governing board~~ fails to make the report required in ~~sections~~	31677
section 3319.33 ~~and 3319.34~~ of the Revised Code, the	31678
superintendent of public instruction shall be without authority to	31679
distribute funds to that school district or educational service	31680
center pursuant to sections 3317.022 to 3317.0212, 3317.11,	31681
3317.16, 3317.17, or 3317.19 of the Revised Code until such time	31682
as the required reports are filed with all specified officers,	31683
boards, or agencies.	31684

Sec. 3317.10. (A) On or before the first day of March of	31685
each year, the department of job and family services shall certify	31686
to the state board of education the unduplicated number of	31687
children ages five through seventeen residing in each school	31688
district and living in a family that, during the preceding	31689
October, had family income not exceeding the federal poverty	31690
guidelines as defined in section 5101.46 of the Revised Code and	31691
participated in one of the following:	31692

(1) Ohio works first;

31693

(2) The food stamp program;

31694

(3) The medical assistance program, including the healthy	31695
start program, established under Chapter 5111. of the Revised	31696
Code;	31697

(4) The children's health insurance program part I	31698
established under section 5101.50 of the Revised Code;	31699

(5) The disability financial assistance program established	31700
under Chapter 5115. of the Revised Code;	31701

(6) The disability medical assistance program established	31702
under Chapter 5115. of the Revised Code.	31703

The department of job and family services shall certify this	31704
information according to the school district of residence for each	31705
child. Except as provided under division (B) of this section, the	31706
number of children so certified in any year shall be used by the	31707
department of education in calculating the distribution of moneys	31708
for the ensuing fiscal year as provided in section 3317.029 of the	31709
Revised Code.	31710

(B) Upon the transfer of part of the territory of one school	31711
district to the territory of one or more other school districts,	31712
the department of education may adjust the number of children	31713
certified under division (A) of this section for any district	31714
gaining or losing territory in such a transfer in order to take	31715
into account the effect of the transfer on the number of such	31716
children who reside in the district. Within sixty days of receipt	31717
of a request for information from the department of education, the	31718
department of job and family services shall provide any	31719
information the department of education determines is necessary to	31720
make such adjustments. The department of education may use the	31721
adjusted number for any district for the applicable fiscal year,	31722
in lieu of the number certified for the district for that fiscal	31723
year under division (A) of this section, in the calculation of the	31724
distribution of moneys provided in section 3317.029 of the Revised	31725
Code.	31726

Sec. 3317.11. (A) As used in this section:

31727

(1) "Client school district" means a city or exempted village	31728
school district that has entered into an agreement under section	31729
3313.843 of the Revised Code to receive any services from an	31730
educational service center.	31731

(2) "Service center ADM" means the sum of the total student	31732
counts of all local school districts within an educational service	31733
center's territory and all of the service center's client school	31734
districts.	31735

(3) "Total student count" has the same meaning as in section	31736
3301.011 of the Revised Code.	31737

(B)(1) The governing board of each educational service center	31738
shall provide supervisory services to each local school district	31739
within the service center's territory. Each city or exempted	31740
village school district that enters into an agreement under	31741
section 3313.843 of the Revised Code for a governing board to	31742
provide any services also is considered to be provided supervisory	31743
services by the governing board. Except as provided in division	31744
(B)(2) of this section, the supervisory services shall not exceed	31745
one supervisory teacher for the first fifty classroom teachers	31746
required to be employed in the districts, as calculated under	31747
section 3317.023 of the Revised Code, and one for each additional	31748
one hundred required classroom teachers, as so calculated.	31749

The supervisory services shall be financed annually through	31750
supervisory units. Except as provided in division (B)(2) of this	31751
section, the number of supervisory units assigned to each district	31752
shall not exceed one unit for the first fifty classroom teachers	31753
required to be employed in the district, as calculated under	31754
section 3317.023 of the Revised Code, and one for each additional	31755
one hundred required classroom teachers, as so calculated. The	31756
cost of each supervisory unit shall be the sum of:	31757

(a) The minimum salary prescribed by section 3317.13 of the	31758
Revised Code for the licensed supervisory employee of the	31759
governing board;	31760

(b) An amount equal to fifteen per cent of the salary	31761
prescribed by section 3317.13 of the Revised Code;	31762

(c) An allowance for necessary travel expenses, limited to	31763
the lesser of two hundred twenty-three dollars and sixteen cents	31764
per month or two thousand six hundred seventy-eight dollars per	31765
year.	31766

(2) If a majority of the boards of education, or	31767
superintendents acting on behalf of the boards, of the local and	31768
client school districts receiving services from the educational	31769
service center agree to receive additional supervisory services	31770
and to pay the cost of a corresponding number of supervisory units	31771
in excess of the services and units specified in division (B)(1)	31772
of this section, the service center shall provide the additional	31773
services as agreed to by the majority of districts to, and the	31774
department of education shall apportion the cost of the	31775
corresponding number of additional supervisory units pursuant to	31776
division (B)(3) of this section among, all of the service center's	31777
local and client school districts.	31778

(3) The department shall apportion the total cost for all	31779
supervisory units among the service center's local and client	31780
school districts based on each district's total student count. The	31781
department shall deduct each district's apportioned share pursuant	31782
to division (E) of section 3317.023 of the Revised Code and pay	31783
the apportioned share to the service center.	31784

(C) The department annually shall deduct from each local and	31785
client school district of each educational service center,	31786
pursuant to division (E) of section 3317.023 of the Revised Code,	31787
and pay to the service center an amount equal to six dollars and	31788
fifty cents times the school district's total student count. The	31789
board of education, or the superintendent acting on behalf of the	31790
board, of any local or client school district may agree to pay an	31791
amount in excess of six dollars and fifty cents per student in	31792
total student count. If a majority of the boards of education, or	31793
superintendents acting on behalf of the boards, of the local	31794
school districts within a service center's territory approve an	31795
amount in excess of six dollars and fifty cents per student in	31796
total student count, the department shall deduct the approved	31797
excess per student amount from all of the local school districts	31798
within the service center's territory and pay the excess amount to	31799
the service center.	31800

(D) The department shall pay each educational service center	31801
the amounts due to it from school districts pursuant to contracts,	31802
compacts, or agreements under which the service center furnishes	31803
services to the districts or their students. In order to receive	31804
payment under this division, an educational service center shall	31805
furnish either a copy of the contract, compact, or agreement	31806
clearly indicating the amounts of the payments, or a written	31807
statement that clearly indicates the payments owed and is signed	31808
by the superintendent or treasurer of the responsible school	31809
district. The amounts paid to service centers under this division	31810
shall be deducted from payments to school districts pursuant to	31811
division (K)(3) of section 3317.023 of the Revised Code.	31812

(E) Each school district's deduction under this section and	31813
divisions (E) and (K)(3) of section 3317.023 of the Revised Code	31814
shall be made from the total payment computed for the district	31815
under this chapter, after making any other adjustments in that	31816
payment required by law.	31817

(F)(1) Except as provided in division (F)(2) of this section,	31818
the department annually shall pay the governing board of each	31819
educational service center state funds equal to thirty-seven	31820
dollars times its service center ADM.	31821

(2) The department annually shall pay state funds equal to	31822
forty dollars and fifty-two cents times the service center ADM to	31823
each educational service center comprising territory that was	31824
included in the territory of at least three former service centers	31825
or county school districts, which former centers or districts	31826
engaged in one or more mergers under section 3311.053 of the	31827
Revised Code to form the present center.	31828

(G) Each city, exempted village, local, joint vocational, or	31829
cooperative education school district shall pay to the governing	31830
board of an educational service center any amounts agreed to for	31831
each child enrolled in the district who receives special education	31832
and related services or career-technical education from the	31833
educational service center, unless these educational services are	31834
provided pursuant to a contract, compact, or agreement for which	31835
the department deducts and transfers payments under division (D)	31836
of this section and division (K)(3) of section 3317.023 of the	31837
Revised Code.	31838

(H) An educational service center:

31839

(1) May provide special education and career-technical	31840
education to students in its local or client school districts;	31841

(2) Is eligible for transportation funding under division (J)	31842
of section 3317.024 of the Revised Code and for state subsidies	31843
for the purchase of school buses under section 3317.07 of the	31844
Revised Code;	31845

(3) May apply for and receive gifted education units and	31846
provide gifted education services to students in its local or	31847
client school districts;	31848

(4) May conduct driver education for high school students in	31849
accordance with Chapter 4508. of the Revised Code.	31850

Sec. 3317.16. (A) As used in this section:

31851

(1) "State share percentage" means the percentage calculated	31852
for a joint vocational school district as follows:	31853

(a) Calculate the state base cost funding amount for the	31854
district under division (B) of this section. If the district would	31855
not receive any base cost funding for that year under that	31856
division, the district's state share percentage is zero.	31857

(b) If the district would receive base cost funding under	31858
that division, divide that base cost amount by an amount equal to	31859
the following:	31860

cost-of-doing-business factor X

31861

the formula amount X

31862

~~the greater of formula ADM or~~

31863

~~three-year average~~ formula ADM

31864

The resultant number is the district's state share	31865
percentage.	31866

(2) The "total special education weight" for a joint	31867
vocational school district shall be calculated in the same manner	31868
as prescribed in division (B)(1) of section 3317.022 of the	31869
Revised Code.	31870

(3) The "total vocational education weight" for a joint	31871
vocational school district shall be calculated in the same manner	31872
as prescribed in division (B)(4) of section 3317.022 of the	31873
Revised Code.	31874

(4) The "total recognized valuation" of a joint vocational	31875
school district shall be determined by adding the recognized	31876
valuations of all its constituent school districts for the	31877
applicable fiscal year.	31878

(5) "Resident district" means the city, local, or exempted	31879
village school district in which a student is entitled to attend	31880
school under section 3313.64 or 3313.65 of the Revised Code.	31881

(6) "Community school" means a community school established	31882
under Chapter 3314. of the Revised Code.	31883

(B) The department of education shall compute and distribute	31884
state base cost funding to each joint vocational school district	31885
for the fiscal year in accordance with the following formula:	31886

(cost-of-doing-business factor X

31887

formula amount X ~~the greater of formula~~

31888

~~ADM or three-year average~~ formula ADM) -

31889

(.0005 X total recognized valuation)

31890

If the difference obtained under this division is a negative	31891
number, the district's computation shall be zero.	31892

(C)(1) The department shall compute and distribute state	31893
vocational education additional weighted costs funds to each joint	31894
vocational school district in accordance with the following	31895
formula:	31896

state share percentage X formula amount X

31897

total vocational education weight

31898

In each fiscal year, a joint vocational school district	31899
receiving funds under division (C)(1) of this section shall spend	31900
those funds only for the purposes the department designates as	31901
approved for vocational education expenses. Vocational educational	31902
expenses approved by the department shall include only expenses	31903
connected to the delivery of career-technical programming to	31904
career-technical students. The department shall require the joint	31905
vocational school district to report data annually so that the	31906
department may monitor the district's compliance with the	31907
requirements regarding the manner in which funding received under	31908
division (C)(1) of this section may be spent.	31909

(2) The department shall compute for each joint vocational	31910
school district state funds for vocational education associated	31911
services costs in accordance with the following formula:	31912

state share percentage X .05 X

31913

the formula amount X the sum of

31914

categories one and two vocational

31915

education ADM

31916

In any fiscal year, a joint vocational school district	31917
receiving funds under division (C)(2) of this section, or through	31918
a transfer of funds pursuant to division (L) of section 3317.023	31919
of the Revised Code, shall spend those funds only for the purposes	31920
that the department designates as approved for vocational	31921
education associated services expenses, which may include such	31922
purposes as apprenticeship coordinators, coordinators for other	31923
vocational education services, vocational evaluation, and other	31924
purposes designated by the department. The department may deny	31925
payment under division (C)(2) of this section to any district that	31926
the department determines is not operating those services or is	31927
using funds paid under division (C)(2) of this section, or through	31928
a transfer of funds pursuant to division (L) of section 3317.023	31929
of the Revised Code, for other purposes.	31930

(D)(1) The department shall compute and distribute state	31931
special education and related services additional weighted costs	31932
funds to each joint vocational school district in accordance with	31933
the following formula:	31934

state share percentage X formula amount X	31935

total special education weight

31936

(2)(a) As used in this division, the "personnel allowance"	31937
means thirty thousand dollars in fiscal years 2002 ~~and~~, 2003,	31938
2004, and 2005.	31939

(b) For the provision of speech language pathology services	31940
to students, including students who do not have individualized	31941
education programs prepared for them under Chapter 3323. of the	31942
Revised Code, and for no other purpose, the department shall pay	31943
each joint vocational school district an amount calculated under	31944
the following formula:	31945

(formula ADM divided by 2000) X the personnel

31946

allowance X state share percentage

31947

(3) In any fiscal year, a joint vocational school district	31948
shall spend for purposes that the department designates as	31949
approved for special education and related services expenses at	31950
least the amount calculated as follows:	31951

(cost-of-doing-business factor X formula amount

31952

X the sum of categories one through

31953

six special education ADM) +

31954

(total special education weight X

31955

formula amount)

31956

The purposes approved by the department for special education	31957
expenses shall include, but shall not be limited to, compliance	31958
with state rules governing the education of handicapped children,	31959
providing services identified in a student's individualized	31960
education program as defined in section 3323.01 of the Revised	31961
Code, provision of speech language pathology services, and the	31962
portion of the district's overall administrative and overhead	31963
costs that are attributable to the district's special education	31964
student population.	31965

The department shall require joint vocational school	31966
districts to report data annually to allow for monitoring	31967
compliance with division (D)(3) of this section. The department	31968
shall annually report to the governor and the general assembly the	31969
amount of money spent by each joint vocational school district for	31970
special education and related services.	31971

(4) In any fiscal year, a joint vocational school district	31972
shall spend for the provision of speech language pathology	31973
services not less than the sum of the amount calculated under	31974
division (D)(1) of this section for the students in the district's	31975
category one special education ADM and the amount calculated under	31976
division (D)(2) of this section.	31977

(E)~~(2)~~(1) If a joint vocational school district's costs for a	31978
fiscal year for a student in its categories ~~one~~two through six	31979
special education ADM exceed the threshold catastrophic cost for	31980
serving the student, as specified in division (C)(3)(b) of section	31981
3317.022 of the Revised Code, the district may submit to the	31982
superintendent of public instruction documentation, as prescribed	31983
by the superintendent, of all of its costs for that student. Upon	31984
submission of documentation for a student of the type and in the	31985
manner prescribed, the department shall pay to the district an	31986
amount equal to the sum of the following:	31987

(a) One-half of the district's costs for the student in	31988
excess of the threshold catastrophic cost;	31989

(b) The product of one-half of the district's costs for the	31990
student in excess of the threshold catastrophic cost multiplied by	31991
the district's state share percentage.	31992

(2) The district shall only report under division (E)(1) of	31993
this section, and the department shall only pay for, the costs of	31994
educational expenses and the related services provided to the	31995
student in accordance with the student's individualized education	31996
program. Any legal fees, court costs, or other costs associated	31997
with any cause of action relating to the student may not be	31998
included in the amount.	31999

(F) Each fiscal year, the department shall pay each joint	32000
vocational school district an amount for adult technical and	32001
vocational education and specialized consultants.	32002

(G)(1) A joint vocational school district's local share of	32003
special education and related services additional weighted costs	32004
equals:	32005

(1 - state share percentage) X	32006

Total special education weight X

32007

the formula amount

32008

(2) For each handicapped student receiving special education	32009
and related services under an individualized education program, as	32010
defined in section 3323.01 of the Revised Code, at a joint	32011
vocational district, the resident district or, if the student is	32012
enrolled in a community school, the community school shall be	32013
responsible for the amount of any costs of providing those special	32014
education and related services to that student that exceed the sum	32015
of the amount calculated for those services attributable to that	32016
student under divisions (B), (D), (E), and (G)(1) of this section.	32017

Those excess costs shall be calculated by subtracting the sum	32018
of the following from the actual cost to provide special education	32019
and related services to the student:	32020

(a) The product of the formula amount times the	32021
cost-of-doing-business factor;	32022

(b) The product of the formula amount times the applicable	32023
multiple specified in section 3317.013 of the Revised Code;	32024

(c) Any funds paid under division (E) of this section for the	32025
student;	32026

(d) Any other funds received by the joint vocational school	32027
district under this chapter to provide special education and	32028
related services to the student, not including the amount	32029
calculated under division (G)(2) of this section.	32030

(3) The board of education of the joint vocational school	32031
district shall report the excess costs calculated under division	32032
(G)(2) of this section to the department of education.	32033

(4) The department shall pay the amount of excess cost	32034
calculated under division (G)(2) of this section to the joint	32035
vocational school district and shall deduct that amount as	32036
provided in division (G)(4)(a) or (b) of this section, as	32037
applicable:	32038

(a) If the student is not enrolled in a community school, the	32039
department shall deduct the amount from the account of the	32040
student's resident district pursuant to division (M) of section	32041
3317.023 of the Revised Code.	32042

(b) If the student is enrolled in a community school, the	32043
department shall deduct the amount from the account of the	32044
community school pursuant to section 3314.083 of the Revised Code.	32045

(H) In any fiscal year, if the total of all payments made to	32046
a joint vocational school district under divisions (B) to (D) of	32047
this section and division (R) of section 3317.024 of the Revised	32048
Code is less than the amount that district received in fiscal year	32049
1999 under the version of this section in effect that year, plus	32050
the amount that district received under the version of section	32051
3317.162 of the Revised Code in effect that year and minus the	32052
amounts received that year for driver education and adult	32053
education, the department shall pay the district an additional	32054
amount equal to the difference between those two amounts.	32055

Sec. 3318.01. As used in sections 3318.01 to 3318.20 of the	32056
Revised Code:	32057

(A) "Ohio school facilities commission" means the commission	32058
created pursuant to section 3318.30 of the Revised Code.	32059

(B) "Classroom facilities" means rooms in which pupils	32060
regularly assemble in public school buildings to receive	32061
instruction and education and such facilities and building	32062
improvements for the operation and use of such rooms as may be	32063
needed in order to provide a complete educational program, and may	32064
include space within which a child day-care facility or a	32065
community resource center is housed. "Classroom facilities"	32066
includes any space necessary for the operation of a vocational	32067
education program for secondary students in any school district	32068
that operates such a program.	32069

(C) "Project" means a project to construct or acquire	32070
classroom facilities, or to reconstruct or make additions to	32071
existing classroom facilities, to be used for housing the	32072
applicable school district and its functions.	32073

(D) "School district" means a local, exempted village, or	32074
city school district as such districts are defined in Chapter	32075
3311. of the Revised Code, acting as an agency of state	32076
government, performing essential governmental functions of state	32077
government pursuant to sections 3318.01 and 3318.20 of the Revised	32078
Code.	32079

For purposes of assistance provided under sections 3318.40 to	32080
3318.45 of the Revised Code, the term "school district" as used in	32081
this section and in divisions (A), (C), and (D) of section 3318.03	32082
and in sections 3318.031, ~~3318.033,~~ 3318.042, 3318.07, 3318.08,	32083
3318.083, 3318.084, 3318.085, 3318.086, 3318.10, 3318.11, 3318.12,	32084
3318.13, 3318.14, 3318.15, 3318.16, 3318.19, and 3318.20 of the	32085
Revised Code means a joint vocational school district established	32086
pursuant to section 3311.18 of the Revised Code.	32087

(E) "School district board" means the board of education of a	32088
school district.	32089

(F) "Net bonded indebtedness" means the difference between	32090
the sum of the par value of all outstanding and unpaid bonds and	32091
notes which a school district board is obligated to pay, any	32092
amounts the school district is obligated to pay under	32093
lease-purchase agreements entered into under section 3313.375 of	32094
the Revised Code, and the par value of bonds authorized by the	32095
electors but not yet issued, the proceeds of which can lawfully be	32096
used for the project, and the amount held in the sinking fund and	32097
other indebtedness retirement funds for their redemption. Notes	32098
issued for school buses in accordance with section 3327.08 of the	32099
Revised Code, notes issued in anticipation of the collection of	32100
current revenues, and bonds issued to pay final judgments shall	32101
not be considered in calculating the net bonded indebtedness.	32102

"Net bonded indebtedness" does not include indebtedness	32103
arising from the acquisition of land to provide a site for	32104
classroom facilities constructed, acquired, or added to pursuant	32105
to sections 3318.01 to 3318.20 of the Revised Code.	32106

(G) "Board of elections" means the board of elections of the	32107
county containing the most populous portion of the school	32108
district.	32109

(H) "County auditor" means the auditor of the county in which	32110
the greatest value of taxable property of such school district is	32111
located.	32112

(I) "Tax duplicates" means the general tax lists and	32113
duplicates prescribed by sections 319.28 and 319.29 of the Revised	32114
Code.	32115

(J) "Required level of indebtedness" means:

32116

(1) In the case of districts in the first percentile, five	32117
per cent of the district's valuation for the year preceding the	32118
year in which the controlling board approved the project under	32119
section 3318.04 of the Revised Code.	32120

(2) In the case of districts ranked in a subsequent	32121
percentile, five per cent of the district's valuation for the year	32122
preceding the year in which the controlling board approved the	32123
project under section 3318.04 of the Revised Code, plus [two	32124
one-hundredths of one per cent multiplied by (the percentile in	32125
which the district ranks for the fiscal year preceding the fiscal	32126
year in which the controlling board approved the district's	32127
project minus one)].	32128

(K) "Required percentage of the basic project costs" means	32129
one per cent of the basic project costs times the percentile in	32130
which the district ranks for the fiscal year preceding the fiscal	32131
year in which the controlling board approved the district's	32132
project.	32133

(L) "Basic project cost" means a cost amount determined in	32134
accordance with rules adopted under section 111.15 of the Revised	32135
Code by the Ohio school facilities commission. The basic project	32136
cost calculation shall take into consideration the square footage	32137
and cost per square foot necessary for the grade levels to be	32138
housed in the classroom facilities, the variation across the state	32139
in construction and related costs, the cost of the installation of	32140
site utilities and site preparation, the cost of demolition of all	32141
or part of any existing classroom facilities that are abandoned	32142
under the project, the cost of insuring the project until it is	32143
completed, any contingency reserve amount prescribed by the	32144
commission under section 3318.086 of the Revised Code, and the	32145
professional planning, administration, and design fees that a	32146
district may have to pay to undertake a classroom facilities	32147
project.	32148

For a joint vocational school district that receives	32149
assistance under sections 3318.40 to 3318.45 of the Revised Code,	32150
the basic project cost calculation for a project under those	32151
sections shall also take into account the types of laboratory	32152
spaces and program square footages needed for the vocational	32153
education programs for high school students offered by the school	32154
district.	32155

~~"Basic project cost" also includes the value of classroom~~	32156
~~facilities authorized in a pre-existing bond issue as described in~~	32157
~~section 3318.033 of the Revised Code.~~	32158

(M)(1) Except for a joint vocational school district that	32159
receives assistance under sections 3318.40 to 3318.45 of the	32160
Revised Code, a "school district's portion of the basic project	32161
cost" means the amount determined under section 3318.032 of the	32162
Revised Code.	32163

(2) For a joint vocational school district that receives	32164
assistance under sections 3318.40 to 3318.45 of the Revised Code,	32165
a "school district's portion of the basic project cost" means the	32166
amount determined under division (C) of section 3318.42 of the	32167
Revised Code.	32168

(N) "Child day-care facility" means space within a classroom	32169
facility in which the needs of infants, toddlers, preschool	32170
children, and school children are provided for by persons other	32171
than the parent or guardian of such children for any part of the	32172
day, including persons not employed by the school district	32173
operating such classroom facility.	32174

(O) "Community resource center" means space within a	32175
classroom facility in which comprehensive services that support	32176
the needs of families and children are provided by community-based	32177
social service providers.	32178

(P) "Valuation" means the total value of all property in the	32179
district as listed and assessed for taxation on the tax	32180
duplicates.	32181

(Q) "Percentile" means the percentile in which the district	32182
is ranked pursuant to division (D) of section 3318.011 of the	32183
Revised Code.	32184

(R) "Installation of site utilities" means the installation	32185
of a site domestic water system, site fire protection system, site	32186
gas distribution system, site sanitary system, site storm drainage	32187
system, and site telephone and data system.	32188

(S) "Site preparation" means the earthwork necessary for	32189
preparation of the building foundation system, the paved	32190
pedestrian and vehicular circulation system, playgrounds on the	32191
project site, and lawn and planting on the project site.	32192

Sec. 3318.024. In the first year of a capital biennium, any	32193
funds appropriated to the Ohio school facilities commission for	32194
classroom facilities projects under this chapter in the previous	32195
capital biennium that were not spent or encumbered, or for which	32196
an encumbrance has been canceled under section 3318.05 of the	32197
Revised Code, shall be used by the commission only for projects	32198
under sections 3318.01 to 3318.20 of the Revised Code, subject to	32199
appropriation by the general assembly.	32200

In the second year of a capital biennium, any funds	32201
appropriated to the Ohio school facilities commission for	32202
classroom facilities projects under this chapter that were not	32203
spent or encumbered in the first year of the biennium and which	32204
are in excess of an amount equal to half of the appropriations for	32205
the capital biennium, or for which an encumbrance has been	32206
canceled under section 3318.05 of the Revised Code, shall be used	32207
by the commission only for projects under sections 3318.01 to	32208
3318.20 of the Revised Code, subject to appropriation by the	32209
general assembly.	32210

Sec. 3318.03. (A) Before conducting an on-site evaluation of	32211
a school district under section 3318.02 of the Revised Code, at	32212
the request of the district board of education, the Ohio school	32213
facilities commission shall examine any classroom facilities needs	32214
assessment that has been conducted by the district and any master	32215
plan developed for meeting the facility needs of the district.	32216

(B) Upon conducting the on-site evaluation under section	32217
3318.02 of the Revised Code, the Ohio school facilities commission	32218
shall make a determination of all of the following:	32219

(1) The needs of the school district for additional classroom	32220
facilities;	32221

(2) The number of classroom facilities to be included in a	32222
project~~, including classroom facilities authorized by a bond issue~~	32223
~~described in section 3318.033 of the Revised Code,~~ and the basic	32224
project cost of constructing, acquiring, reconstructing, or making	32225
additions to each such facility;	32226

(3) The amount of such cost that the school district can	32227
supply from available funds, by the issuance of bonds previously	32228
authorized by the electors of the school district the proceeds of	32229
which can lawfully be used for the project~~, including bonds~~	32230
~~authorized by the district's electors as described in section~~	32231
~~3318.033 of the Revised Code,~~ and by the issuance of bonds under	32232
section 3318.05 of the Revised Code;	32233

(4) The remaining amount of such cost that shall be supplied	32234
by the state;	32235

(5) The amount of the state's portion to be encumbered in	32236
accordance with section 3318.11 of the Revised Code in the current	32237
and subsequent fiscal bienniums from funds appropriated for	32238
purposes of sections 3318.01 to 3318.20 of the Revised Code.	32239

(C) The commission shall make a determination in favor of	32240
constructing, acquiring, reconstructing, or making additions to a	32241
classroom facility only upon evidence that the proposed project	32242
conforms to sound educational practice, that it is in keeping with	32243
the orderly process of school district reorganization and	32244
consolidation, and that the actual or projected enrollment in each	32245
classroom facility proposed to be included in the project is at	32246
least three hundred fifty pupils. Exceptions shall be authorized	32247
only in those districts where topography, sparsity of population,	32248
and other factors make larger schools impracticable.	32249

If the school district board determines that an existing	32250
facility has historical value or for other good cause determines	32251
that an existing facility should be renovated in lieu of acquiring	32252
a comparable facility by new construction, the commission may	32253
approve the expenditure of project funds for the renovation of	32254
that facility up to but not exceeding one hundred per cent of the	32255
estimated cost of acquiring a comparable facility by new	32256
construction, as long as the commission determines that the	32257
facility when renovated can be operationally efficient, will be	32258
adequate for the future needs of the district, and will comply	32259
with the other provisions of this division.	32260

(D) Sections 125.81 and 153.04 of the Revised Code shall not	32261
apply to classroom facilities constructed under either sections	32262
3318.01 to 3318.20 or sections 3318.40 to 3318.45 of the Revised	32263
Code.	32264

Sec. 3318.042. (A) The board of education of any school	32265
district that is receiving assistance under sections 3318.01 to	32266
3318.20 of the Revised Code after May 20, 1997, or under sections	32267
3318.40 to 3318.45 of the Revised Code, and whose project is still	32268
under construction, may request that the Ohio school facilities	32269
commission examine whether the circumstances prescribed in either	32270
division (B)(1) or (2) of this section exist in the school	32271
district. If the commission so finds, the commission shall review	32272
the school district's original assessment and approved project and	32273
consider providing additional assistance to the school district to	32274
correct the prescribed conditions found to exist in the district.	32275
Additional assistance under this section shall be limited to	32276
additions to one or more buildings, remodeling of one or more	32277
buildings, or changes to the infrastructure of one or more	32278
buildings.	32279

(B) Consideration of additional assistance to a school	32280
district under this section is warranted in either of the	32281
following circumstances:	32282

(1) Additional work is needed to correct an oversight or	32283
deficiency not identified or included in the district's initial	32284
assessment.	32285

(2) Other conditions exist that, in the opinion of the	32286
commission, warrant additions or remodeling of the project	32287
facilities or changes to infrastructure associated with the	32288
district's project that were not identified in the initial	32289
assessment and plan.	32290

(C) If the commission decides in favor of providing	32291
additional assistance to any school district under this section,	32292
the school district shall be responsible for paying for its	32293
portion of the cost of the additions, remodeling, or	32294
infrastructure changes pursuant to section 3318.083 of the Revised	32295
Code. If, after making a financial evaluation of the school	32296
district, the commission determines that the school district is	32297
unable without undue hardship, according to the guidelines adopted	32298
by the commission, to fund the school district portion of the	32299
increase, then the state and the school district shall enter into	32300
an agreement whereby the state shall pay the portion of the cost	32301
increase attributable to the school district which is determined	32302
to be in excess of any local resources available to the district	32303
and the district shall thereafter reimburse the state. The	32304
commission shall establish the district's schedule for reimbursing	32305
the state, which shall not extend beyond ~~five~~ten years. The	32306
commission may lengthen the reimbursement schedule of a school	32307
district that has entered into an agreement under this section	32308
prior to the effective date of this amendment as long as the total	32309
term of that schedule does not extend beyond ten years. Debt	32310
incurred under this section shall not be included in the	32311
calculation of the net indebtedness of the school district under	32312
section 133.06 of the Revised Code.	32313

Sec. 3318.05. The conditional approval of the Ohio school	32314
facilities commission for a project shall lapse and the amount	32315
reserved and encumbered for such project shall be released unless	32316
the school district board accepts such conditional approval within	32317
one hundred twenty days following the date of certification of the	32318
conditional approval to the school district board and the electors	32319
of the school district vote favorably on both of the propositions	32320
described in divisions (A) and (B) of this section within one year	32321
of the date of such certification, except that a school district	32322
described in division (C) of this section does not need to submit	32323
the proposition described in division (B) of this section. The	32324
propositions described in divisions (A) and (B) of this section	32325
shall be combined in a single proposal. If the district board or	32326
the district's electors fail to meet such requirements and the	32327
amount reserved and encumbered for the district's project is	32328
released, the district shall be given first priority for project	32329
funding as such funds become available.	32330

(A) On the question of issuing bonds of the school district	32331
board, for the school district's portion of the basic project	32332
cost, in an amount equal to the school district's portion of the	32333
basic project cost ~~less any deduction made under section 3318.033~~	32334
~~of the Revised Code and~~ less the amount of the proceeds of any	32335
securities authorized or to be authorized under division (J) of	32336
section 133.06 of the Revised Code and dedicated by the school	32337
district board to payment of the district's portion of the basic	32338
project cost; and	32339

(B) On the question of levying a tax the proceeds of which	32340
shall be used to pay the cost of maintaining the classroom	32341
facilities included in the project. Such tax shall be at the rate	32342
of not less than one-half mill for each dollar of valuation for a	32343
period of twenty-three years, subject to any extension approved	32344
under section 3318.061 of the Revised Code.	32345

(C) If a school district has in place a tax levied under	32346
section 5705.21 of the Revised Code for general ongoing permanent	32347
improvements ~~of at least two mills for each dollar of valuation~~	32348
and the proceeds of such tax can be used for maintenance, the	32349
school district need not levy the additional tax required under	32350
division (B) of this section, provided the school district board	32351
includes in the agreement entered into under section 3318.08 of	32352
the Revised Code provisions earmarking an amount from the proceeds	32353
of that permanent improvement tax for maintenance of classroom	32354
facilities equivalent to the amount of the additional tax and for	32355
the equivalent number of years otherwise required under this	32356
section.	32357

(D) Proceeds of the tax to be used for maintenance of the	32358
classroom facilities under either division (B) or (C) of this	32359
section shall be deposited into a separate fund established by the	32360
school district for such purpose.	32361

Sec. 3318.052. At any time after the electors of a school	32362
district have approved either or both a property tax levied under	32363
section 5705.21 or 5705.218 of the Revised Code for the purpose of	32364
general ongoing permanent improvements or a school district income	32365
tax levied under Chapter 5748. of the Revised Code, the proceeds	32366
of which, pursuant to the ballot measures approved by the	32367
electors, are not so restricted that they cannot be used to pay	32368
the costs of a project or maintaining classroom facilities, the	32369
school district board may:	32370

(A) Within one year following the date of the certification	32371
of the conditional approval of the school district's classroom	32372
facilities project by the Ohio school facilities commission, enter	32373
into a written agreement with the commission, which may be part of	32374
an agreement entered into under section 3318.08 of the Revised	32375
Code, and in which the school district board covenants and agrees	32376
to do one or both of the following:	32377

(1) Apply a specified amount of available proceeds of that	32378
property tax levy, of that school district income tax, or of	32379
securities issued under this section, or of proceeds from any two	32380
or more of those sources, to pay all or part of the district's	32381
portion of the basic project cost of its classroom facilities	32382
project;	32383

(2) Apply available proceeds of either or both a property tax	32384
levied under section 5705.21 or 5705.218 of the Revised Code in	32385
effect for a continuing period of time, or of a school district	32386
income tax levied under Chapter 5748. of the Revised Code in	32387
effect for a continuing period of time to the payment of costs of	32388
maintaining the classroom facilities.	32389

(B) Receive, as a credit against the amount of bonds required	32390
under sections 3318.05 and 3318.06 of the Revised Code, to be	32391
approved by the electors of the district and issued by the	32392
district board for the district's portion of the basic project	32393
cost of its classroom facilities project in order for the district	32394
to receive state assistance for the project, an amount equal to	32395
the specified amount that the district board covenants and agrees	32396
with the commission to apply as set forth in division (A)(1) of	32397
this section;	32398

(C) Receive, as a credit against the amount of the tax levy	32399
required under sections 3318.05 and 3318.06 of the Revised Code,	32400
to be approved by the electors of the district to pay the costs of	32401
maintaining the classroom facilities in order to receive state	32402
assistance for the classroom facilities project, an amount	32403
equivalent to the specified amount of proceeds the school district	32404
board covenants and agrees with the commission to apply as	32405
referred to in division (A)(2) of this section;	32406

(D) Apply proceeds of either or both a school district income	32407
tax levied under Chapter 5748. of the Revised Code that may	32408
lawfully be used to pay the costs of a classroom facilities	32409
project or of a tax levied under section 5705.21 or 5705.218 of	32410
the Revised Code to the payment of debt charges on and financing	32411
costs related to securities issued under this section;	32412

(E) Issue securities to provide moneys to pay all or part of	32413
the district's portion of the basic project cost of its classroom	32414
facilities project in accordance with an agreement entered into	32415
under division (A) of this section. Securities issued under this	32416
section shall be Chapter 133. securities and may be issued as	32417
general obligation securities or issued in anticipation of a	32418
school district income tax or as property tax anticipation notes	32419
under section 133.24 of the Revised Code. The district board's	32420
resolution authorizing the issuance and sale of general obligation	32421
securities under this section shall conform to the applicable	32422
requirements of section 133.22 or 133.23 of the Revised Code.	32423
Securities issued under this section shall have principal payments	32424
during each year after the year of issuance over a period of not	32425
more than twenty-three years and, if so determined by the district	32426
board, during the year of issuance. Securities issued under this	32427
section shall not be included in the calculation of net	32428
indebtedness of the district under section 133.06 of the Revised	32429
Code, if the resolution of the district board authorizing their	32430
issuance and sale includes covenants to appropriate annually from	32431
lawfully available proceeds of a property tax levied under section	32432
5705.21 or 5705.218 of the Revised Code or of a school district	32433
income tax levied under Chapter 5748. of the Revised Code and to	32434
continue to levy and collect the tax in amounts necessary to pay	32435
the debt charges on and financing costs related to the securities	32436
as they become due. No property tax levied under section 5705.21	32437
or 5705.218 of the Revised Code and no school district income tax	32438
levied under Chapter 5748. of the Revised Code that is pledged, or	32439
that the school district board has covenanted to levy, collect,	32440
and appropriate annually, to pay the debt charges on and financing	32441
costs related to securities issued under this section shall be	32442
repealed while those securities are outstanding. If such a tax is	32443
reduced by the electors of the district or by the district board	32444
while those securities are outstanding, the school district board	32445
shall continue to levy and collect the tax under the authority of	32446
the original election authorizing the tax at a rate in each year	32447
that the board reasonably estimates will produce an amount in that	32448
year equal to the debt charges on the securities in that year,	32449
except that in the case of a school district income tax that	32450
amount shall be rounded up to the nearest one-fourth of one per	32451
cent.	32452

No state moneys shall be released for a project to which this	32453
section applies until the proceeds of the tax securities issued	32454
under this section that are dedicated for the payment of the	32455
district portion of the basic project cost of its classroom	32456
facilities project are first deposited into the district's project	32457
construction fund.	32458

Sec. 3318.06. (A) After receipt of the conditional approval	32459
of the Ohio school facilities commission, the school district	32460
board by a majority of all of its members shall, if it desires to	32461
proceed with the project, declare all of the following by	32462
resolution:	32463

(1) That by issuing bonds in an amount equal to the school	32464
district's portion of the basic project cost~~, including bonds~~	32465
~~previously authorized by the district's electors as described in~~	32466
~~section 3318.033 of the Revised Code,~~ the district is unable to	32467
provide adequate classroom facilities without assistance from the	32468
state;	32469

(2) Unless the school district board has resolved to apply	32470
the proceeds of a property tax or the proceeds of an income tax,	32471
or a combination of proceeds from such taxes, as authorized under	32472
section 3318.052 of the Revised Code, that to qualify for such	32473
state assistance it is necessary to do either of the following:	32474

(a) Levy a tax outside the ten-mill limitation the proceeds	32475
of which shall be used to pay the cost of maintaining the	32476
classroom facilities included in the project;	32477

(b) Earmark for maintenance of classroom facilities from the	32478
proceeds of an existing permanent improvement tax levied under	32479
section 5705.21 of the Revised Code, if such tax ~~is of at least~~	32480
~~two mills for each dollar of valuation and~~ can be used for	32481
maintenance, an amount equivalent to the amount of the additional	32482
tax otherwise required under this section and sections 3318.05 and	32483
3318.08 of the Revised Code.	32484

(3) That the question of any tax levy specified in a	32485
resolution described in division (A)(2)(a) of this section, if	32486
required, shall be submitted to the electors of the school	32487
district at the next general or primary election, if there be a	32488
general or primary election not less than seventy-five and not	32489
more than ninety-five days after the day of the adoption of such	32490
resolution or, if not, at a special election to be held at a time	32491
specified in the resolution which shall be not less than	32492
seventy-five days after the day of the adoption of the resolution	32493
and which shall be in accordance with the requirements of section	32494
3501.01 of the Revised Code.	32495

Such resolution shall also state that the question of issuing	32496
bonds of the board shall be combined in a single proposal with the	32497
question of such tax levy. More than one election under this	32498
section may be held in any one calendar year. Such resolution	32499
shall specify both of the following:	32500

(a) That the rate which it is necessary to levy shall be at	32501
the rate of not less than one-half mill for each one dollar of	32502
valuation, and that such tax shall be levied for a period of	32503
twenty-three years;	32504

(b) That the proceeds of the tax shall be used to pay the	32505
cost of maintaining the classroom facilities included in the	32506
project.	32507

(B) A copy of a resolution adopted under division (A) of this	32508
section shall after its passage and not less than seventy-five	32509
days prior to the date set therein for the election be certified	32510
to the county board of elections.	32511

The resolution of the school district board, in addition to	32512
meeting other applicable requirements of section 133.18 of the	32513
Revised Code, shall state that the amount of bonds to be issued	32514
will be an amount equal to the school district's portion of the	32515
basic project cost, and state the maximum maturity of the bonds	32516
which may be any number of years not exceeding the term calculated	32517
under section 133.20 of the Revised Code as determined by the	32518
board. In estimating the amount of bonds to be issued, the board	32519
shall take into consideration the amount of moneys then in the	32520
bond retirement fund and the amount of moneys to be collected for	32521
and disbursed from the bond retirement fund during the remainder	32522
of the year in which the resolution of necessity is adopted.	32523

If the bonds are to be issued in more than one series, the	32524
resolution may state, in addition to the information required to	32525
be stated under division (B)(3) of section 133.18 of the Revised	32526
Code, the number of series, which shall not exceed five, the	32527
principal amount of each series, and the approximate date each	32528
series will be issued, and may provide that no series, or any	32529
portion thereof, may be issued before such date. Upon such a	32530
resolution being certified to the county auditor as required by	32531
division (C) of section 133.18 of the Revised Code, the county	32532
auditor, in calculating, advising, and confirming the estimated	32533
average annual property tax levy under that division, shall also	32534
calculate, advise, and confirm by certification the estimated	32535
average property tax levy for each series of bonds to be issued.	32536

Notice of the election shall include the fact that the tax	32537
levy shall be at the rate of not less than one-half mill for each	32538
one dollar of valuation for a period of twenty-three years, and	32539
that the proceeds of the tax shall be used to pay the cost of	32540
maintaining the classroom facilities included in the project.	32541

If the bonds are to be issued in more than one series, the	32542
board of education, when filing copies of the resolution with the	32543
board of elections as required by division (D) of section 133.18	32544
of the Revised Code, may direct the board of elections to include	32545
in the notice of election the principal amount and approximate	32546
date of each series, the maximum number of years over which the	32547
principal of each series may be paid, the estimated additional	32548
average property tax levy for each series, and the first calendar	32549
year in which the tax is expected to be due for each series, in	32550
addition to the information required to be stated in the notice	32551
under division (E)(3)(a) to (e) of section 133.18 of the Revised	32552
Code.	32553

(C)(1) Except as otherwise provided in division (C)(2) of	32554
this section, the form of the ballot to be used at such election	32555
shall be:	32556

"A majority affirmative vote is necessary for passage.

32557

Shall bonds be issued by the ............ (here insert name	32558
of school district) school district to pay the local share of	32559
school construction under the State of Ohio Classroom Facilities	32560
Assistance Program in the principal amount of ............ (here	32561
insert principal amount of the bond issue), to be repaid annually	32562
over a maximum period of ............ (here insert the maximum	32563
number of years over which the principal of the bonds may be paid)	32564
years, and an annual levy of property taxes be made outside the	32565
ten-mill limitation, estimated by the county auditor to average	32566
over the repayment period of the bond issue ............ (here	32567
insert the number of mills estimated) mills for each one dollar of	32568
tax valuation, which amounts to ............ (rate expressed in	32569
cents or dollars and cents, such as "thirty-six cents" or "$0.36")	32570
for each one hundred dollars of tax valuation to pay the annual	32571
debt charges on the bonds and to pay debt charges on any notes	32572
issued in anticipation of the bonds?"	32573

and, unless the additional levy

32574

of taxes is not required pursuant

32575

to division (C) of section

32576

3318.05 of the Revised Code,

32577

"Shall an additional levy of taxes be made for a period of	32578
twenty-three years to benefit the ............ (here insert name	32579
of school district) school district, the proceeds of which shall	32580
be used to pay the cost of maintaining the classroom facilities	32581
included in the project at the rate of .......... (here insert the	32582
number of mills, which shall not be less than one-half mill) mills	32583
for each one dollar of valuation?	32584

32585

		FOR THE BOND ISSUE AND TAX LEVY			32586
		AGAINST THE BOND ISSUE AND TAX LEVY	"		32587

32588

(2) If authority is sought to issue bonds in more than one	32589
series and the board of education so elects, the form of the	32590
ballot shall be as prescribed in section 3318.062 of the Revised	32591
Code. If the board of education elects the form of the ballot	32592
prescribed in that section, it shall so state in the resolution	32593
adopted under this section.	32594

(D) If it is necessary for the school district to acquire a	32595
site for the classroom facilities to be acquired pursuant to	32596
sections 3318.01 to 3318.20 of the Revised Code, the district	32597
board may propose either to issue bonds of the board or to levy a	32598
tax to pay for the acquisition of such site, and may combine the	32599
question of doing so with the questions specified in division (B)	32600
of this section. Bonds issued under this division for the purpose	32601
of acquiring a site are a general obligation of the school	32602
district and are Chapter 133. securities.	32603

The form of that portion of the ballot to include the	32604
question of either issuing bonds or levying a tax for site	32605
acquisition purposes shall be one of the following:	32606

(1) "Shall bonds be issued by the ............ (here insert	32607
name of the school district) school district to pay costs of	32608
acquiring a site for classroom facilities under the State of Ohio	32609
Classroom Facilities Assistance Program in the principal amount of	32610
.......... (here insert principal amount of the bond issue), to be	32611
repaid annually over a maximum period of .......... (here insert	32612
maximum number of years over which the principal of the bonds may	32613
be paid) years, and an annual levy of property taxes be made	32614
outside the ten-mill limitation, estimated by the county auditor	32615
to average over the repayment period of the bond issue ..........	32616
(here insert number of mills) mills for each one dollar of tax	32617
valuation, which amount to .......... (here insert rate expressed	32618
in cents or dollars and cents, such as "thirty-six cents" or	32619
"$0.36") for each one hundred dollars of valuation to pay the	32620
annual debt charges on the bonds and to pay debt charges on any	32621
notes issued in anticipation of the bonds?"	32622

(2) "Shall an additional levy of taxes outside the ten-mill	32623
limitation be made for the benefit of the .......... (here insert	32624
name of the school district) ~~..........~~ school district for the	32625
purpose of acquiring a site for classroom facilities in the sum of	32626
......... (here insert annual amount the levy is to produce)	32627
estimated by the county auditor to average ........ (here insert	32628
number of mills) mills for each one hundred dollars of valuation,	32629
for a period of ......... (here insert number of years the millage	32630
is to be imposed) years?"	32631

Where it is necessary to combine the question of issuing	32632
bonds of the school district and levying a tax as described in	32633
division (B) of this section with the question of issuing bonds of	32634
the school district for acquisition of a site, the question	32635
specified in that division to be voted on shall be "For the Bond	32636
Issues and the Tax Levy" and "Against the Bond Issues and the Tax	32637
Levy."	32638

Where it is necessary to combine the question of issuing	32639
bonds of the school district and levying a tax as described in	32640
division (B) of this section with the question of levying a tax	32641
for the acquisition of a site, the question specified in that	32642
division to be voted on shall be "For the Bond Issue and the Tax	32643
Levies" and "Against the Bond Issue and the Tax Levies."	32644

Where the school district board chooses to combine the	32645
question in division (B) of this section with any of the	32646
additional questions described in divisions (A) to (D) of section	32647
3318.056 of the Revised Code, the question specified in division	32648
(B) of this section to be voted on shall be "For the Bond Issues	32649
and the Tax Levies" and "Against the Bond Issues and the Tax	32650
Levies."	32651

If a majority of those voting upon a proposition hereunder	32652
which includes the question of issuing bonds vote in favor	32653
thereof, and if the agreement provided for by section 3318.08 of	32654
the Revised Code has been entered into, the school district board	32655
may proceed under Chapter 133. of the Revised Code, with the	32656
issuance of bonds or bond anticipation notes in accordance with	32657
the terms of the agreement.	32658

Sec. 3318.08. Except in the case of a joint vocational	32659
school district that receives assistance under sections 3318.40 to	32660
3318.45 of the Revised Code, if the requisite favorable vote on	32661
the election is obtained, or if the school district board has	32662
resolved to apply the proceeds of a property tax levy or the	32663
proceeds of an income tax, or a combination of proceeds from such	32664
taxes, as authorized in section 3318.052 of the Revised Code, the	32665
Ohio school facilities commission, upon certification to it of	32666
either the results of the election or the resolution under section	32667
3318.052 of the Revised Code, shall enter into a written agreement	32668
with the school district board for the construction and sale of	32669
the project. In the case of a joint vocational school district	32670
that receives assistance under sections 3318.40 to 3318.45 of the	32671
Revised Code, if the school district board of education and the	32672
school district electors have satisfied the conditions prescribed	32673
in division (D)(1) of section 3318.41 of the Revised Code, the	32674
commission shall enter into an agreement with the school district	32675
board for the construction and sale of the project. In either	32676
case, the agreement shall include, but need not be limited to, the	32677
following provisions:	32678

(A) The sale and issuance of bonds or notes in anticipation	32679
thereof, as soon as practicable after the execution of the	32680
agreement, in an amount equal to the school district's portion of	32681
the basic project cost, including ~~any bonds previously authorized~~	32682
~~by the district's electors as described in section 3318.033 of the~~	32683
~~Revised Code and~~ any securities authorized under division (J) of	32684
section 133.06 of the Revised Code and dedicated by the school	32685
district board to payment of the district's portion of the basic	32686
project cost of the project; provided, that if at that time the	32687
county treasurer of each county in which the school district is	32688
located has not commenced the collection of taxes on the general	32689
duplicate of real and public utility property for the year in	32690
which the controlling board approved the project, the school	32691
district board shall authorize the issuance of a first installment	32692
of bond anticipation notes in an amount specified by the	32693
agreement, which amount shall not exceed an amount necessary to	32694
raise the net bonded indebtedness of the school district as of the	32695
date of the controlling board's approval to within five thousand	32696
dollars of the required level of indebtedness for the preceding	32697
year. In the event that a first installment of bond anticipation	32698
notes is issued, the school district board shall, as soon as	32699
practicable after the county treasurer of each county in which the	32700
school district is located has commenced the collection of taxes	32701
on the general duplicate of real and public utility property for	32702
the year in which the controlling board approved the project,	32703
authorize the issuance of a second and final installment of bond	32704
anticipation notes or a first and final issue of bonds.	32705

The combined value of the first and second installment of	32706
bond anticipation notes or the value of the first and final issue	32707
of bonds shall be equal to the school district's portion of the	32708
basic project cost. The proceeds of any such bonds shall be used	32709
first to retire any bond anticipation notes. Otherwise, the	32710
proceeds of such bonds and of any bond anticipation notes, except	32711
the premium and accrued interest thereon, shall be deposited in	32712
the school district's project construction fund. In determining	32713
the amount of net bonded indebtedness for the purpose of fixing	32714
the amount of an issue of either bonds or bond anticipation notes,	32715
gross indebtedness shall be reduced by moneys in the bond	32716
retirement fund only to the extent of the moneys therein on the	32717
first day of the year preceding the year in which the controlling	32718
board approved the project. Should there be a decrease in the tax	32719
valuation of the school district so that the amount of	32720
indebtedness that can be incurred on the tax duplicates for the	32721
year in which the controlling board approved the project is less	32722
than the amount of the first installment of bond anticipation	32723
notes, there shall be paid from the school district's project	32724
construction fund to the school district's bond retirement fund to	32725
be applied against such notes an amount sufficient to cause the	32726
net bonded indebtedness of the school district, as of the first	32727
day of the year following the year in which the controlling board	32728
approved the project, to be within five thousand dollars of the	32729
required level of indebtedness for the year in which the	32730
controlling board approved the project. The maximum amount of	32731
indebtedness to be incurred by any school district board as its	32732
share of the cost of the project is either an amount that will	32733
cause its net bonded indebtedness, as of the first day of the year	32734
following the year in which the controlling board approved the	32735
project, to be within five thousand dollars of the required level	32736
of indebtedness, or an amount equal to the required percentage of	32737
the basic project costs, whichever is greater. All bonds and bond	32738
anticipation notes shall be issued in accordance with Chapter 133.	32739
of the Revised Code, and notes may be renewed as provided in	32740
section 133.22 of the Revised Code.	32741

(B) The transfer of such funds of the school district board	32742
available for the project, together with the proceeds of the sale	32743
of the bonds or notes, except premium, accrued interest, and	32744
interest included in the amount of the issue, to the school	32745
district's project construction fund;	32746

(C) For all school districts except joint vocational school	32747
districts that receive assistance under sections 3318.40 to	32748
3318.45 of the Revised Code, the following provisions as	32749
applicable:	32750

(1) If section 3318.052 of the Revised Code applies, the	32751
earmarking of the proceeds of a tax levied under section 5705.21	32752
of the Revised Code for general ongoing permanent or under section	32753
5705.218 of the Revised Code for the purpose of permanent	32754
improvements, or the proceeds of a school district income tax	32755
levied under Chapter 5748. of the Revised Code, or the proceeds	32756
from a combination of those two taxes, in an amount to pay all or	32757
part of the service charges on bonds issued to pay the school	32758
district portion of the project and an amount equivalent to all or	32759
part of the tax required under division (B) of section 3318.05 of	32760
the Revised Code;	32761

(2) If section 3318.052 of the Revised Code does not apply,	32762
either of the following:	32763

(a) The levy of the tax authorized at the election for the	32764
payment of maintenance costs, as specified in division (B) of	32765
section 3318.05 of the Revised Code;	32766

(b) If the school district electors have approved a	32767
continuing tax ~~of at least two mills for each dollar of valuation~~	32768
for general ongoing permanent improvements under section 5705.21	32769
of the Revised Code and that tax can be used for maintenance, the	32770
earmarking of an amount of the proceeds from such tax for	32771
maintenance of classroom facilities as specified in division (B)	32772
of section 3318.05 of the Revised Code.	32773

(D) For joint vocational school districts that receive	32774
assistance under sections 3318.40 to 3318.45 of the Revised Code,	32775
provision for deposit of school district moneys dedicated to	32776
maintenance of the classroom facilities acquired under those	32777
sections as prescribed in section 3318.43 of the Revised Code;	32778

(E) Dedication of any local donated contribution as provided	32779
for under section 3318.084 of the Revised Code, including a	32780
schedule for depositing such moneys applied as an offset of the	32781
district's obligation to levy the tax described in division (B) of	32782
section 3318.05 of the Revised Code as required under division	32783
(D)(2) of section 3318.084 of the Revised Code;	32784

(F) Ownership of or interest in the project during the period	32785
of construction, which shall be divided between the commission and	32786
the school district board in proportion to their respective	32787
contributions to the school district's project construction fund;	32788

(G) Maintenance of the state's interest in the project until	32789
any obligations issued for the project under section 3318.26 of	32790
the Revised Code are no longer outstanding;	32791

(H) The insurance of the project by the school district from	32792
the time there is an insurable interest therein and so long as the	32793
state retains any ownership or interest in the project pursuant to	32794
division (F) of this section, in such amounts and against such	32795
risks as the commission shall require; provided, that the cost of	32796
any required insurance until the project is completed shall be a	32797
part of the basic project cost;	32798

(I) The certification by the director of budget and	32799
management that funds are available and have been set aside to	32800
meet the state's share of the basic project cost as approved by	32801
the controlling board pursuant to either section 3318.04 or	32802
division (B)(1) of section 3318.41 of the Revised Code;	32803

(J) Authorization of the school district board to advertise	32804
for and receive construction bids for the project, for and on	32805
behalf of the commission, and to award contracts in the name of	32806
the state subject to approval by the commission;	32807

(K) Provisions for the disbursement of moneys from the school	32808
district's project account upon issuance by the commission or the	32809
commission's designated representative of vouchers for work done	32810
to be certified to the commission by the treasurer of the school	32811
district board;	32812

(L) Disposal of any balance left in the school district's	32813
project construction fund upon completion of the project;	32814

(M) Limitations upon use of the project or any part of it so	32815
long as any obligations issued to finance the project under	32816
section 3318.26 of the Revised Code are outstanding;	32817

(N) Provision for vesting the state's interest in the project	32818
to the school district board when the obligations issued to	32819
finance the project under section 3318.26 of the Revised Code are	32820
outstanding;	32821

(O) Provision for deposit of an executed copy of the	32822
agreement in the office of the commission;	32823

(P) Provision for termination of the contract and release of	32824
the funds encumbered at the time of the conditional approval, if	32825
the proceeds of the sale of the bonds of the school district board	32826
are not paid into the school district's project construction fund	32827
and if bids for the construction of the project have not been	32828
taken within such period after the execution of the agreement as	32829
may be fixed by the commission;	32830

(Q) Provision for the school district to maintain the project	32831
in accordance with a plan approved by the commission;	32832

(R)(1) For all school districts except a district undertaking	32833
a project under section 3318.38 of the Revised Code or a joint	32834
vocational school district undertaking a project under sections	32835
3318.40 to 3318.45 of the Revised Code, provision that all state	32836
funds reserved and encumbered to pay the state share of the cost	32837
of the project pursuant to section 3318.03 of the Revised Code be	32838
spent on the construction or acquisition of the project prior to	32839
the expenditure of any funds provided by the school district to	32840
pay for its share of the project cost, unless the school district	32841
certifies to the commission that expenditure by the school	32842
district is necessary to maintain the tax-exempt status of notes	32843
or bonds issued by the school district to pay for its share of the	32844
project cost or to comply with applicable temporary investment	32845
periods or spending exceptions to rebate as provided for under	32846
federal law in regard to those notes or bonds, in which cases, the	32847
school district may commit to spend, or spend, a portion of the	32848
funds it provides;	32849

(2) For a school district undertaking a project under section	32850
3318.38 of the Revised Code or a joint vocational school district	32851
undertaking a project under sections 3318.40 to 3318.45 of the	32852
Revised Code, provision that the state funds reserved and	32853
encumbered and the funds provided by the school district to pay	32854
the basic project cost of any segment of the project, or of the	32855
entire project if it is not divided into segments, be spent on the	32856
construction and acquisition of the project simultaneously in	32857
proportion to the state's and the school district's respective	32858
shares of that basic project cost as determined under section	32859
3318.032 of the Revised Code or, if the district is a joint	32860
vocational school district, under section 3318.42 of the Revised	32861
Code.	32862

(S) A provision stipulating that the commission may prohibit	32863
the district from proceeding with any project if the commission	32864
determines that the site is not suitable for construction	32865
purposes. The commission may perform soil tests in its	32866
determination of whether a site is appropriate for construction	32867
purposes.	32868

(T) A provision stipulating that, unless otherwise authorized	32869
by the commission, any contingency reserve portion of the	32870
construction budget prescribed by the commission shall be used	32871
only to pay costs resulting from unforeseen job conditions, to	32872
comply with rulings regarding building and other codes, to pay	32873
costs related to design clarifications or corrections to contract	32874
documents, and to pay the costs of settlements or judgments	32875
related to the project as provided under section 3318.086 of the	32876
Revised Code;	32877

(U) Provision stipulating that for continued release of	32878
project funds the school district board shall comply with section	32879
3313.41 of the Revised Code throughout the project and shall	32880
notify the department of education and the Ohio community school	32881
association when the board plans to dispose of facilities by sale	32882
under that section;	32883

(V) Provision that the commission shall not approve a	32884
contract for demolition of a facility until the school district	32885
board has complied with section 3313.41 of the Revised Code	32886
relative to that facility, unless demolition of that facility is	32887
to clear a site for construction of a replacement facility	32888
included in the district's project.	32889

Sec. 3318.30. (A) There is hereby created the Ohio school	32890
facilities commission. The commission shall administer the	32891
provision of financial assistance to school districts for the	32892
acquisition or construction of classroom facilities in accordance	32893
with sections 3318.01 to 3318.33 of the Revised Code.	32894

The commission is a body corporate and politic, an agency of	32895
state government and an instrumentality of the state, performing	32896
essential governmental functions of this state. The carrying out	32897
of the purposes and the exercise by the commission of its powers	32898
conferred by sections 3318.01 to 3318.33 of the Revised Code are	32899
essential public functions and public purposes of the state. The	32900
commission may, in its own name, sue and be sued, enter into	32901
contracts, and perform all the powers and duties given to it by	32902
sections 3318.01 to 3318.33 of the Revised Code, but it does not	32903
have and shall not exercise the power of eminent domain. In its	32904
discretion and as it determines appropriate, the commission may	32905
delegate to any of its members, executive director, or other	32906
employees any of the commission's powers and duties to carry out	32907
its functions.	32908

(B) The commission shall consist of seven members, three of	32909
whom are voting members. The voting members of the commission	32910
shall be the director of the office of budget and management, the	32911
director of administrative services, and the superintendent of	32912
public instruction, or their designees. Of the nonvoting members,	32913
two shall be members of the senate appointed by the president of	32914
the senate, and two shall be members of the house of	32915
representatives appointed by the speaker of the house. Each of the	32916
appointees of the president, and each of the appointees of the	32917
speaker, shall be members of different political parties.	32918

Nonvoting members shall serve as members of the commission	32919
during the legislative biennium for which they are appointed,	32920
except that any such member who ceases to be a member of the	32921
legislative house from which the member was appointed shall cease	32922
to be a member of the commission. Each nonvoting member shall be	32923
appointed within thirty-one days of the end of the term of that	32924
member's predecessor. Such members may be reappointed. Vacancies	32925
of nonvoting members shall be filled in the manner provided for	32926
original appointments.	32927

Members of the commission shall serve without compensation.

32928

After the initial nonvoting members of the commission have	32929
been appointed, the commission shall meet and organize by electing	32930
voting members as the chairperson and vice-chairperson of the	32931
commission, who shall hold their offices until the next	32932
organizational meeting of the commission. Organizational meetings	32933
of the commission shall be held at the first meeting of each	32934
calendar year. At each organizational meeting, the commission	32935
shall elect from among its voting members a chairperson and	32936
vice-chairperson, who shall serve until the next annual	32937
organizational meeting. The commission shall adopt rules pursuant	32938
to section 111.15 of the Revised Code for the conduct of its	32939
internal business and shall keep a journal of its proceedings.	32940
Including the organizational meeting, the commission shall meet at	32941
least once each calendar quarter.	32942

Two voting members of the commission constitute a quorum, and	32943
the affirmative vote of two members is necessary for approval of	32944
any action taken by the commission. A vacancy in the membership of	32945
the commission does not impair a quorum from exercising all the	32946
rights and performing all the duties of the commission. Meetings	32947
of the commission may be held anywhere in the state and shall be	32948
held in compliance with section 121.22 of the Revised Code.	32949

(C) The commission shall file an annual report of its	32950
activities and finances with the governor, speaker of the house of	32951
representatives, president of the senate, and chairpersons of the	32952
house and senate finance committees.	32953

(D) The commission shall be exempt from the requirements of	32954
sections 101.82 to 101.87 of the Revised Code.	32955

Sec. 3318.31. (A) The Ohio school facilities commission may	32956
perform any act and ensure the performance of any function	32957
necessary or appropriate to carry out the purposes of, and	32958
exercise the powers granted under, Chapter 3318. of the Revised	32959
Code, including any of the following:	32960

(1) Adopt, amend, and rescind, pursuant to section 111.15 of	32961
the Revised Code, rules for the administration of programs	32962
authorized under Chapter 3318. of the Revised Code.	32963

(2) Contract with, retain the services of, or designate, and	32964
fix the compensation of, such agents, accountants, consultants,	32965
advisers, and other independent contractors as may be necessary or	32966
desirable to carry out the programs authorized under Chapter 3318.	32967
of the Revised Code, or authorize the executive director to	32968
perform such powers and duties.	32969

(3) Receive and accept any gifts, grants, donations, and	32970
pledges, and receipts therefrom, to be used for the programs	32971
authorized under Chapter 3318. of the Revised Code.	32972

(4) Make and enter into all contracts, commitments, and	32973
agreements, and execute all instruments, necessary or incidental	32974
to the performance of its duties and the execution of its rights	32975
and powers under Chapter 3318. of the Revised Code, or authorize	32976
the executive director to perform such powers and duties.	32977

(B) The commission shall appoint and fix the compensation of	32978
an executive director who shall serve at the pleasure of the	32979
commission. The executive director shall supervise the operations	32980
of the commission and perform such other duties as delegated by	32981
the commission. The executive director also shall employ and fix	32982
the compensation of such employees as will facilitate the	32983
activities and purposes of the commission, who shall serve at the	32984
pleasure of the executive director. The employees of the	32985
commission shall be exempt from Chapter 4117. of the Revised Code	32986
and shall not be public employees as defined in section 4117.01 of	32987
the Revised Code.	32988

(C) The attorney general shall serve as the legal	32989
representative for the commission and may appoint other counsel as	32990
necessary for that purpose in accordance with section 109.07 of	32991
the Revised Code.	32992

Sec. 3318.37. (A)(1) As used in this section:

32993

~~(1)~~(a) "Large land area school district" means a school	32994
district with a territory of greater than three hundred square	32995
miles in any percentile as determined under section 3318.011 of	32996
the Revised Code.	32997

(b) "Low wealth school district" means a school district in	32998
the first through fiftieth percentiles as determined under section	32999
3318.011 of the Revised Code.	33000

~~(2)~~(c) A "school district with an exceptional need for	33001
immediate classroom facilities assistance" means a low wealth or	33002
large land area school district with an exceptional need for new	33003
facilities in order to protect the health and safety of all or a	33004
portion of its students. ~~School~~	33005

(2) School districts reasonably expected to be eligible for	33006
state assistance under sections 3318.01 to 3318.20 of the Revised	33007
Code within three fiscal years after the year of the application	33008
for assistance under this section ~~is being considered by the Ohio~~	33009
~~school facilities commission,~~ and school districts that	33010
participate in the school building assistance expedited local	33011
partnership program under section 3318.36 of the Revised Code,	33012
except for such districts described in division (A)(3) of this	33013
section, shall not be eligible for assistance under this section.	33014

(3) School districts that participate in the school building	33015
assistance expedited local partnership program under section	33016
3318.36 of the Revised Code may receive assistance under the	33017
program established under this section only if the following	33018
conditions are satisfied:	33019

(a) The district board adopted a resolution certifying its	33020
intent to participate in the school building assistance expedited	33021
local partnership program under section 3318.36 of the Revised	33022
Code prior to September 14, 2000.	33023

(b) The district was selected by the Ohio school facilities	33024
commission for participation in the school building assistance	33025
expedited local partnership program under section 3318.36 of the	33026
Revised Code in the manner prescribed by the commission under that	33027
section as it existed prior to September 14, 2000.	33028

(B)(1) There is hereby established the exceptional needs	33029
school facilities assistance program. Under the program, the Ohio	33030
school facilities commission may set aside from the moneys	33031
annually appropriated to it for classroom facilities assistance	33032
projects up to twenty-five per cent for assistance to school	33033
districts with exceptional needs for immediate classroom	33034
facilities assistance.	33035

(2)(a) After consulting with education and construction	33036
experts, the commission shall adopt guidelines for identifying	33037
school districts with an exceptional need for immediate classroom	33038
facilities assistance.	33039

(b) The guidelines shall include application forms and	33040
instructions for school districts ~~that believe they have an~~	33041
~~exceptional need for immediate classroom facilities~~to use in	33042
applying for assistance under this section.	33043

(3) The commission shall evaluate the classroom facilities,	33044
and the need for replacement classroom facilities from the	33045
applications received under this section. The commission,	33046
utilizing the guidelines adopted under division (B)(2)(a) of this	33047
section, shall prioritize the school districts to be assessed.	33048

Notwithstanding section 3318.02 of the Revised Code, the	33049
commission may conduct on-site evaluation of the school districts	33050
prioritized under this section and approve and award funds until	33051
such time as all funds set aside under division (B)(1) of this	33052
section have been encumbered ~~under section 3318.04 of the Revised~~	33053
~~Code~~. However, the commission need not conduct the evaluation of	33054
facilities if the commission determines that a district's	33055
assessment conducted under section 3318.36 of the Revised Code is	33056
sufficient for purposes of this section.	33057

(4) Notwithstanding division (A) of section 3318.05 of the	33058
Revised Code, the school district's portion of the basic project	33059
cost under this section shall be the "required percentage of the	33060
basic project costs," as defined in division (K) of section	33061
3318.01 of the Revised Code.	33062

(5) Except as otherwise specified in this section, any	33063
project undertaken with assistance under this section shall comply	33064
with all provisions of sections 3318.01 to 3318.20 of the Revised	33065
Code. A school district may receive assistance under sections	33066
3318.01 to 3318.20 of the Revised Code for the remainder of the	33067
district's classroom facilities needs as assessed under this	33068
section when the district is eligible for such assistance pursuant	33069
to section 3318.02 of the Revised Code, but any classroom facility	33070
constructed with assistance under this section shall not be	33071
included in a district's project at that time unless the	33072
commission determines the district has experienced the increased	33073
enrollment specified in division (B)(1) of section 3318.04 of the	33074
Revised Code.	33075

(C) No school district shall receive assistance under this	33076
section for a classroom facility that has been included in the	33077
discrete part of the district's classroom facilities needs	33078
identified and addressed in the district's project pursuant to an	33079
agreement entered into under section 3318.36 of the Revised Code.	33080

Sec. 3318.41. (A)(1) The Ohio school facilities commission	33081
annually shall assess the classroom facilities needs of the number	33082
of joint vocational school districts that the commission	33083
reasonably expects to be able to provide assistance to in a fiscal	33084
year, based on the amount set aside for that fiscal year under	33085
division (B) of section 3318.40 of the Revised Code and the order	33086
of priority prescribed in division (B) of section 3318.42 of the	33087
Revised Code, except that in fiscal year 2004 the commission shall	33088
conduct at least the five assessments prescribed in division (E)	33089
of section 3318.40 of the Revised Code.	33090

Upon conducting an assessment of the classroom facilities	33091
needs of a school district, the commission shall make a	33092
determination of all of the following:	33093

(a) The number of classroom facilities to be included in a	33094
project~~, including classroom facilities authorized by a bond~~	33095
~~issuedescribed in section 3318.033 of the Revised Code,~~ and the	33096
basic project cost of acquiring the classroom facilities included	33097
in the project. The number of facilities and basic project cost	33098
shall be determined in accordance with the specifications adopted	33099
under section 3318.311 of the Revised Code except to the extent	33100
that compliance with such specifications is waived by the	33101
commission pursuant to the rule of the commission adopted under	33102
division (F) of section 3318.40 of the Revised Code.	33103

(b) The school district's portion of the basic project cost	33104
as determined under division (C) of section 3318.42 of the Revised	33105
Code;	33106

(c) The remaining portion of the basic project cost that	33107
shall be supplied by the state;	33108

(d) The amount of the state's portion of the basic project	33109
cost to be encumbered in accordance with section 3318.11 of the	33110
Revised Code in the current and subsequent fiscal bienniums from	33111
funds set aside under division (B) of section 3318.40 of the	33112
Revised Code.	33113

(2) Divisions (A), (C), and (D) of section 3318.03 of the	33114
Revised Code apply to any project under sections 3318.40 to	33115
3318.45 of the Revised Code.	33116

(B)(1) If the commission makes a determination under division	33117
(A) of this section in favor of the acquisition of classroom	33118
facilities for a project under sections 3318.40 to 3318.45 of the	33119
Revised Code, such project shall be conditionally approved. Such	33120
conditional approval shall be submitted to the controlling board	33121
for approval. The controlling board shall immediately approve or	33122
reject the commission's determination, conditional approval, the	33123
amount of the state's portion of the basic project cost, and the	33124
amount of the state's portion of the basic project cost to be	33125
encumbered in the current fiscal biennium. In the event of	33126
approval by the controlling board, the commission shall certify	33127
the conditional approval to the joint vocational school district	33128
board of education and shall encumber the approved funds for the	33129
current fiscal year.	33130

(2) No school district that receives assistance under	33131
sections 3318.40 to 3318.45 of the Revised Code shall have another	33132
such project conditionally approved until the expiration of twenty	33133
years after the school district's prior project was conditionally	33134
approved, unless the school district board demonstrates to the	33135
satisfaction of the commission that the school district has	33136
experienced since conditional approval of its prior project an	33137
exceptional increase in enrollment or program requirements	33138
significantly above the school district's design capacity under	33139
that prior project as determined by rule of the commission. Any	33140
rule adopted by the commission to implement this division shall be	33141
tailored to address the classroom facilities needs of joint	33142
vocational school districts.	33143

(C) In addition to generating the amount of the school	33144
district's portion of the basic project cost as determined under	33145
division (C) of section 3318.42 of the Revised Code, in order for	33146
a school district to receive assistance under sections 3318.40 to	33147
3318.45 of the Revised Code, the school district board shall set	33148
aside school district moneys for the maintenance of the classroom	33149
facilities included in the school district's project in the amount	33150
and manner prescribed in section 3318.43 of the Revised Code.	33151

(D)(1) The conditional approval for a project certified under	33152
division (B)(1) of this section shall lapse and the amount	33153
reserved and encumbered for such project shall be released unless	33154
both of the following conditions are satisfied:	33155

(a) Within one hundred twenty days following the date of	33156
certification of the conditional approval to the joint vocational	33157
school district board, the school district board accepts the	33158
conditional approval and certifies to the commission the school	33159
district board's plan to generate the school district's portion of	33160
the basic project cost, as determined under division (C) of	33161
section 3318.42 of the Revised Code, and to set aside moneys for	33162
maintenance of the classroom facilities acquired under the	33163
project, as prescribed in section 3318.43 of the Revised Code.	33164

(b) Within one year following the date of certification of	33165
the conditional approval to the school district board, the	33166
electors of the school district vote favorably on any ballot	33167
measures proposed by the school district board to generate the	33168
school district's portion of the basic project cost.	33169

(2) If the school district board or electors fail to satisfy	33170
the conditions prescribed in division (D)(1) of this section and	33171
the amount reserved and encumbered for the school district's	33172
project is released, the school district shall be given first	33173
priority over other joint vocational school districts for project	33174
funding under sections 3318.40 to 3318.45 of the Revised Code as	33175
such funds become available.	33176

(E) If the conditions prescribed in division (D)(1) of this	33177
section are satisfied, the commission and the school district	33178
board shall enter into an agreement as prescribed in section	33179
3318.08 of the Revised Code and shall proceed with the development	33180
of plans, cost estimates, designs, drawings, and specifications as	33181
prescribed in section 3318.091 of the Revised Code.	33182

(F) Costs in excess of those approved by the commission under	33183
section 3318.091 of the Revised Code shall be payable only as	33184
provided in sections 3318.042 and 3318.083 of the Revised Code.	33185

(G) Advertisement for bids and the award of contracts for	33186
construction of any project under sections 3318.40 to 3318.45 of	33187
the Revised Code shall be conducted in accordance with section	33188
3318.10 of the Revised Code.	33189

(H) The state funds reserved and encumbered and the funds	33190
provided by the school district to pay the basic project cost of a	33191
project under sections 3318.40 to 3318.45 of the Revised Code	33192
shall be spent simultaneously in proportion to the state's and the	33193
school district's respective portions of that basic project cost.	33194

(I) Sections 3318.13, 3318.14, and 3318.16 of the Revised	33195
Code apply to projects under sections 3318.40 to 3318.45 of the	33196
Revised Code.	33197

Sec. 3319.01. Except in an island school district, where the	33198
superintendent of an educational service center otherwise may	33199
serve as superintendent of the district and except as otherwise	33200
provided for any cooperative education school district pursuant to	33201
division (B)(2) of section 3311.52 or division (B)(3) of section	33202
3311.521 of the Revised Code, the board of education in each	33203
school district and the governing board of each service center	33204
shall, at a regular or special meeting held not later than the	33205
first day of May of the calendar year in which the term of the	33206
superintendent expires, appoint a person possessed of the	33207
qualifications provided in this section to act as superintendent,	33208
for a term not longer than five years beginning the first day of	33209
August and ending on the thirty-first day of July. Such	33210
superintendent is, at the expiration of a current term of	33211
employment, deemed reemployed for a term of one year at the same	33212
salary plus any increments that may be authorized by the board,	33213
unless such board, on or before the first day of March of the year	33214
in which the contract of employment expires, either reemploys the	33215
superintendent for a succeeding term as provided in this section	33216
or gives to the superintendent written notice of its intention not	33217
to reemploy the superintendent. A superintendent may not be	33218
transferred to any other position during the term of the	33219
superintendent's employment or reemployment except by mutual	33220
agreement by the superintendent and the board. If a vacancy occurs	33221
in the office of superintendent, the board shall appoint a	33222
superintendent for a term not to exceed five years from the next	33223
preceding first day of August.	33224

~~Except as otherwise provided in this section, the employment~~	33225
~~or reemployment of a superintendent of a local school district~~	33226
~~shall be only upon the recommendation of the service center~~	33227
~~superintendent, except that a local board of education, by a~~	33228
~~three-fourths vote of its full membership, may, after considering~~	33229
~~two nominations for the position of local superintendent made by~~	33230
~~the service center superintendent, employ or reemploy a person not~~	33231
~~so nominated for such position.~~	33232

A board may at any regular or special meeting held during the	33233
period beginning on the first day of January of the calendar year	33234
immediately preceding the year the contract of employment of a	33235
superintendent expires and ending on the first day of March of the	33236
year it expires, reemploy such superintendent for a succeeding	33237
term for not longer than five years, beginning on the first day of	33238
August immediately following the expiration of the	33239
superintendent's current term of employment and ending on the	33240
thirty-first day of July of the year in which such succeeding term	33241
expires. No person shall be appointed to the office of	33242
superintendent of a city, or exempted village school district or a	33243
service center who does not hold a license designated for being a	33244
superintendent issued under section 3319.22 of the Revised Code,	33245
unless such person had been employed as a county, city, or	33246
exempted village superintendent prior to August 1, 1939. No person	33247
shall be appointed to the office of local superintendent who does	33248
not hold a license designated for being a superintendent issued	33249
under section 3319.22 of the Revised Code, unless such person held	33250
or was qualified to hold the position of executive head of a local	33251
school district on September 16, 1957. At the time of making such	33252
appointment or designation of term, such board shall fix the	33253
compensation of the superintendent, which may be increased or	33254
decreased during such term, provided such decrease is a part of a	33255
uniform plan affecting salaries of all employees of the district,	33256
and shall execute a written contract of employment with such	33257
superintendent.	33258

Each board shall adopt procedures for the evaluation of its	33259
superintendent and shall evaluate its superintendent in accordance	33260
with those procedures. An evaluation based upon such procedures	33261
shall be considered by the board in deciding whether to renew the	33262
superintendent's contract. The establishment of an evaluation	33263
procedure shall not create an expectancy of continued employment.	33264
Nothing in this section shall prevent a board from making the	33265
final determination regarding the renewal or failure to renew of a	33266
superintendent's contract.	33267

Termination of a superintendent's contract shall be pursuant	33268
to section 3319.16 of the Revised Code.	33269

A board may establish vacation leave for its superintendent.	33270
Upon the superintendent's separation from employment a board that	33271
has such leave may provide compensation at the superintendent's	33272
current rate of pay for all lawfully accrued and unused vacation	33273
leave to the superintendent's credit at the time of separation,	33274
not to exceed the amount accrued within three years before the	33275
date of separation. In case of the death of a superintendent, such	33276
unused vacation leave as the board would have paid to this	33277
superintendent upon separation shall be paid in accordance with	33278
section 2113.04 of the Revised Code, or to the superintendent's	33279
estate.	33280

The superintendent shall be the executive officer for the	33281
board. ~~Except as otherwise provided in this section for local~~	33282
~~school districts, the~~The superintendent shall direct and assign	33283
teachers and other employees of the district or service center,	33284
except as provided in section 3319.04 of the Revised Code; assign	33285
the pupils to the proper schools and grades, provided that the	33286
assignment of a pupil to a school outside of the pupil's district	33287
of residence is approved by the board of the district of residence	33288
of such pupil; and perform such other duties as the board	33289
determines. ~~The service center superintendent shall exercise the~~	33290
~~responsibilities of this section with regard to the assignment of~~	33291
~~pupils and teachers for local school districts under the~~	33292
~~supervision of the service center, except that the board of~~	33293
~~education of a local school district and the governing board of~~	33294
~~the educational service center of which the local district is a~~	33295
~~part may enter into an agreement requiring the local~~	33296
~~superintendent, instead of the superintendent of the educational~~	33297
~~service center, to exercise the responsibilities of this section~~	33298
~~with regard to the assignment of pupils and teachers for the local~~	33299
~~school district.~~	33300

The board of education of any school district may contract	33301
with the governing board of the educational service center from	33302
which it otherwise receives services to conduct searches and	33303
recruitment of candidates for the superintendent position	33304
authorized under this section.	33305

Sec. 3319.02. (A)(1) As used in this section, "other	33306
administrator" means ~~either~~any of the following:	33307

(a) Except as provided in division (A)(2) of this section,	33308
any employee in a position for which a board of education requires	33309
a license designated by rule of the department of education for	33310
being an administrator issued under section 3319.22 of the Revised	33311
Code, including a professional pupil services employee or	33312
administrative specialist or an equivalent of either one who is	33313
not employed as a school counselor and spends less than fifty per	33314
cent of the time employed teaching or working with students;	33315

(b) Any nonlicensed employee whose job duties enable such	33316
employee to be considered as either a "supervisor" or a	33317
"management level employee," as defined in section 4117.01 of the	33318
Revised Code;	33319

(c) A business manager appointed under section 3319.03 of the	33320
Revised Code.	33321

(2) As used in this section, "other administrator" does not	33322
include a superintendent, assistant superintendent, principal, or	33323
assistant principal.	33324

(B) The board of education of each school district and the	33325
governing board of an educational service center may appoint one	33326
or more assistant superintendents and such other administrators as	33327
are necessary. An assistant educational service center	33328
superintendent or service center supervisor employed on a	33329
part-time basis may also be employed by a local board as a	33330
teacher. The board of each city, exempted village, and local	33331
school district shall employ principals for all high schools and	33332
for such other schools as the board designates, and those boards	33333
may appoint assistant principals for any school that they	33334
designate.	33335

(C) In educational service centers and in city ~~and~~, exempted	33336
village, and local school districts, assistant superintendents,	33337
principals, assistant principals, and other administrators shall	33338
only be employed or reemployed in accordance with nominations of	33339
the superintendent, except that a ~~city or exempted village~~ board	33340
of education of a school district or the governing board of a	33341
service center, by a three-fourths vote of its full membership,	33342
may reemploy any assistant superintendent, principal, assistant	33343
principal, or other administrator whom the superintendent refuses	33344
to nominate. ~~In local school districts, assistant superintendents,~~	33345
~~principals, assistant principals, and other administrators shall~~	33346
~~only be employed or reemployed in accordance with nominations of~~	33347
~~the superintendent of the service center of which the local~~	33348
~~district is a part, except that a local board of education, by a~~	33349
~~three-fourths vote of its full membership, may reemploy any~~	33350
~~assistant superintendent, principal, assistant principal, or other~~	33351
~~administrator whom such superintendent refuses to nominate.~~	33352

The board of education or governing board shall execute a	33353
written contract of employment with each assistant superintendent,	33354
principal, assistant principal, and other administrator it employs	33355
or reemploys. The term of such contract shall not exceed three	33356
years except that in the case of a person who has been employed as	33357
an assistant superintendent, principal, assistant principal, or	33358
other administrator in the district or center for three years or	33359
more, the term of the contract shall be for not more than five	33360
years and, unless the superintendent of the district recommends	33361
otherwise, not less than two years. If the superintendent so	33362
recommends, the term of the contract of a person who has been	33363
employed by the district or service center as an assistant	33364
superintendent, principal, assistant principal, or other	33365
administrator for three years or more may be one year, but all	33366
subsequent contracts granted such person shall be for a term of	33367
not less than two years and not more than five years. When a	33368
teacher with continuing service status becomes an assistant	33369
superintendent, principal, assistant principal, or other	33370
administrator with the district or service center with which the	33371
teacher holds continuing service status, the teacher retains such	33372
status in the teacher's nonadministrative position as provided in	33373
sections 3319.08 and 3319.09 of the Revised Code.	33374

A board of education or governing board may reemploy an	33375
assistant superintendent, principal, assistant principal, or other	33376
administrator at any regular or special meeting held during the	33377
period beginning on the first day of January of the calendar year	33378
immediately preceding the year of expiration of the employment	33379
contract and ending on the last day of March of the year the	33380
employment contract expires.	33381

Except by mutual agreement of the parties thereto, no	33382
assistant superintendent, principal, assistant principal, or other	33383
administrator shall be transferred during the life of a contract	33384
to a position of lesser responsibility. No contract may be	33385
terminated by a board except pursuant to section 3319.16 of the	33386
Revised Code. No contract may be suspended except pursuant to	33387
section 3319.17 or 3319.171 of the Revised Code. The salaries and	33388
compensation prescribed by such contracts shall not be reduced by	33389
a board unless such reduction is a part of a uniform plan	33390
affecting the entire district or center. The contract shall	33391
specify the employee's administrative position and duties as	33392
included in the job description adopted under division (D) of this	33393
section, the salary and other compensation to be paid for	33394
performance of duties, the number of days to be worked, the number	33395
of days of vacation leave, if any, and any paid holidays in the	33396
contractual year.	33397

An assistant superintendent, principal, assistant principal,	33398
or other administrator is, at the expiration of the current term	33399
of employment, deemed reemployed at the same salary plus any	33400
increments that may be authorized by the board, unless such	33401
employee notifies the board in writing to the contrary on or	33402
before the first day of June, or unless such board, on or before	33403
the last day of March of the year in which the contract of	33404
employment expires, either reemploys such employee for a	33405
succeeding term or gives written notice of its intention not to	33406
reemploy the employee. The term of reemployment of a person	33407
reemployed under this paragraph shall be one year, except that if	33408
such person has been employed by the school district or service	33409
center as an assistant superintendent, principal, assistant	33410
principal, or other administrator for three years or more, the	33411
term of reemployment shall be two years.	33412

(D)(1) Each board shall adopt procedures for the evaluation	33413
of all assistant superintendents, principals, assistant	33414
principals, and other administrators and shall evaluate such	33415
employees in accordance with those procedures. The evaluation	33416
based upon such procedures shall be considered by the board in	33417
deciding whether to renew the contract of employment of an	33418
assistant superintendent, principal, assistant principal, or other	33419
administrator.	33420

(2) The evaluation shall measure each assistant	33421
superintendent's, principal's, assistant principal's, and other	33422
administrator's effectiveness in performing the duties included in	33423
the job description and the evaluation procedures shall provide	33424
for, but not be limited to, the following:	33425

(a) Each assistant superintendent, principal, assistant	33426
principal, and other administrator shall be evaluated annually	33427
through a written evaluation process.	33428

(b) The evaluation shall be conducted by the superintendent	33429
or designee.	33430

(c) In order to provide time to show progress in correcting	33431
the deficiencies identified in the evaluation process, the	33432
evaluation process shall be completed as follows:	33433

(i) In any school year that the employee's contract of	33434
employment is not due to expire, at least one evaluation shall be	33435
completed in that year. A written copy of the evaluation shall be	33436
provided to the employee no later than the end of the employee's	33437
contract year as defined by the employee's annual salary notice.	33438

(ii) In any school year that the employee's contract of	33439
employment is due to expire, at least a preliminary evaluation and	33440
at least a final evaluation shall be completed in that year. A	33441
written copy of the preliminary evaluation shall be provided to	33442
the employee at least sixty days prior to any action by the board	33443
on the employee's contract of employment. The final evaluation	33444
shall indicate the superintendent's intended recommendation to the	33445
board regarding a contract of employment for the employee. A	33446
written copy of the evaluation shall be provided to the employee	33447
at least five days prior to the board's acting to renew or not	33448
renew the contract.	33449

(3) Termination of an assistant superintendent, principal,	33450
assistant principal, or other administrator's contract shall be	33451
pursuant to section 3319.16 of the Revised Code. Suspension of any	33452
such employee shall be pursuant to section 3319.17 or 3319.171 of	33453
the Revised Code.	33454

(4) Before taking action to renew or nonrenew the contract of	33455
an assistant superintendent, principal, assistant principal, or	33456
other administrator under this section and prior to the last day	33457
of March of the year in which such employee's contract expires,	33458
the board shall notify each such employee of the date that the	33459
contract expires and that the employee may request a meeting with	33460
the board. Upon request by such an employee, the board shall grant	33461
the employee a meeting in executive session. In that meeting, the	33462
board shall discuss its reasons for considering renewal or	33463
nonrenewal of the contract. The employee shall be permitted to	33464
have a representative, chosen by the employee, present at the	33465
meeting.	33466

(5) The establishment of an evaluation procedure shall not	33467
create an expectancy of continued employment. Nothing in division	33468
(D) of this section shall prevent a board from making the final	33469
determination regarding the renewal or nonrenewal of the contract	33470
of any assistant superintendent, principal, assistant principal,	33471
or other administrator. However, if a board fails to provide	33472
evaluations pursuant to division (D)(2)(c)(i) or (ii) of this	33473
section, or if the board fails to provide at the request of the	33474
employee a meeting as prescribed in division (D)(4) of this	33475
section, the employee automatically shall be reemployed at the	33476
same salary plus any increments that may be authorized by the	33477
board for a period of one year, except that if the employee has	33478
been employed by the district or service center as an assistant	33479
superintendent, principal, assistant principal, or other	33480
administrator for three years or more, the period of reemployment	33481
shall be for two years.	33482

(E) On nomination of the superintendent of a service center a	33483
governing board may employ supervisors who shall be employed under	33484
written contracts of employment for terms not to exceed five years	33485
each. Such contracts may be terminated by a governing board	33486
pursuant to section 3319.16 of the Revised Code. Any supervisor	33487
employed pursuant to this division may terminate the contract of	33488
employment at the end of any school year after giving the board at	33489
least thirty days' written notice prior to such termination. On	33490
the recommendation of the superintendent the contract or contracts	33491
of any supervisor employed pursuant to this division may be	33492
suspended for the remainder of the term of any such contract	33493
pursuant to section 3319.17 or 3319.171 of the Revised Code.	33494

(F) A board may establish vacation leave for any individuals	33495
employed under this section. Upon such an individual's separation	33496
from employment, a board that has such leave may compensate such	33497
an individual at the individual's current rate of pay for all	33498
lawfully accrued and unused vacation leave credited at the time of	33499
separation, not to exceed the amount accrued within three years	33500
before the date of separation. In case of the death of an	33501
individual employed under this section, such unused vacation leave	33502
as the board would have paid to the individual upon separation	33503
under this section shall be paid in accordance with section	33504
2113.04 of the Revised Code, or to the estate.	33505

(G) The board of education of any school district may	33506
contract with the governing board of the educational service	33507
center from which it otherwise receives services to conduct	33508
searches and recruitment of candidates for assistant	33509
superintendent, principal, assistant principal, and other	33510
administrator positions authorized under this section.	33511

Sec. 3319.03. The board of education of each city, exempted	33512
village, and local school district may create the position of	33513
business manager. The board shall ~~elect~~appoint such business	33514
manager who shall serve ~~for a term not to exceed four years unless~~	33515
~~earlier removed for cause~~pursuant to a contract in accordance	33516
with section 3319.02 of the Revised Code. ~~A vacancy in this office~~	33517
~~shall be filled only for the unexpired term thereof.~~ In the	33518
discharge of all ~~his~~official duties, the business manager may be	33519
directly responsible to the board, or to the superintendent of	33520
schools, as the board directs at the time of ~~election~~appointment	33521
to the position. Where such business manager is responsible to the	33522
superintendent hethe business manager shall be appointed by the	33523
superintendent and confirmed by the board.	33524

No board of education shall ~~elect~~appoint or confirm as	33525
business manager any person who does not hold a valid business	33526
manager's license issued under section 3301.074 of the Revised	33527
Code. If the business manager fails to maintain a valid license,	33528
hethe business manager shall be removed by the board.	33529

Sec. 3319.07. (A) The board of education of each city,	33530
exempted village, ~~and~~ local, and joint vocational school district	33531
shall employ the teachers of the public schools of their	33532
respective districts.	33533

The governing board of each educational service center may	33534
employ special instruction teachers, special education teachers,	33535
and teachers of academic courses in which there are too few	33536
students in each of the constituent local school districts or in	33537
city or exempted village school districts entering into agreements	33538
pursuant to section 3313.843 of the Revised Code to warrant each	33539
district's employing teachers for those courses.	33540

When any board makes appointments of teachers, the teachers	33541
in the employ of the board shall be considered before new teachers	33542
are chosen in their stead. In ~~city, exempted village, and joint~~	33543
~~vocational~~all school districts and in service centers no teacher	33544
shall be employed unless such person is nominated by the	33545
superintendent of such district or center. Such board, by a	33546
three-fourths vote of its full membership, may re-employ any	33547
teacher whom the superintendent refuses to appoint. ~~In local~~	33548
~~school districts, no teacher shall be employed, except as provided~~	33549
~~in division (B) of this section, unless nominated by the~~	33550
~~superintendent of the service center of which such local school~~	33551
~~district is a part; by a majority vote of the full membership of~~	33552
~~such board, the board of education of any local school district~~	33553
~~may, after considering two nominations for any position made by~~	33554
~~the service center superintendent, reemploy a person not so~~	33555
~~nominated for such position.~~	33556

(B) The board of education of ~~a local~~any school district ~~and~~	33557
~~the board of education of the county school district of which the~~	33558
~~local district is a part may enter into an agreement authorizing~~	33559
~~the superintendent of the local district, in lieu of the~~	33560
~~superintendent of the county district, to make nominations under~~	33561
~~this section for the employment of teachers in the local district.~~	33562
~~While such an agreement is in effect the board of education of the~~	33563
~~local district shall not employ any teacher unless the person is~~	33564
~~nominated by the superintendent of the district except that, by a~~	33565
~~three-fourths vote of its full membership, it may re-employ any~~	33566
~~teacher whom the superintendent refuses to nominate~~may contract	33567
with the governing board of the educational service center from	33568
which it otherwise receives services to conduct searches and	33569
recruitment of candidates for teacher positions.	33570

Sec. 3319.19. (A) Except as provided in division (D) of this	33571
section or division (A)(2) of section 3313.37 of the Revised Code,	33572
upon request, the board of county commissioners shall provide and	33573
equip offices in the county for the use of the superintendent of	33574
an educational service center, and shall provide heat, light,	33575
water, and janitorial services for such offices. Such offices	33576
shall be the permanent headquarters of the superintendent and	33577
shall be used by the governing board of the service center when it	33578
is in session. Except as provided in division (B) of this section,	33579
such offices shall be located in the county seat or, upon the	33580
approval of the governing board, may be located outside of the	33581
county seat.	33582

(B) In the case of a service center formed under section	33583
3311.053 or 3311.059 of the Revised Code, the governing board	33584
shall designate the site of its offices. Except as provided in	33585
division (D) of this section or division (A)(2) of section 3313.37	33586
of the Revised Code, the board of county commissioners of the	33587
county in which the designated site is located shall provide and	33588
equip the offices as under division (A) of this section, but the	33589
costs of such offices and equipment shall be apportioned among the	33590
boards of county commissioners of all counties having any	33591
territory in the area under the control of the governing board,	33592
according to the proportion of local school district pupils under	33593
the supervision of such board residing in the respective counties.	33594
Where there is a dispute as to the amount any board of county	33595
commissioners is required to pay, the probate judge of the county	33596
in which the greatest number of pupils under the supervision of	33597
the governing board reside shall apportion such costs among the	33598
boards of county commissioners and notify each such board of its	33599
share of the costs.	33600

(C) ~~Not~~As used in division (C) of this section, in the case	33601
of a building, facility, or office space that a board of county	33602
commissioners leases or rents, "actual cost per square foot" means	33603
all cost on a per square foot basis incurred by the board under	33604
the lease or rental agreement. In the case of a building,	33605
facility, or office space that the board owns in fee simple,	33606
"actual cost per square foot" means the fair rental value on a per	33607
square foot basis of the building, facility, or office space	33608
either as compared to a similarly situated building, facility, or	33609
office space in the general vicinity or as calculated under a	33610
formula that accounts for depreciation, amortization of	33611
improvements, and other reasonable factors, including, but not	33612
limited to, parking space and other amenities.	33613

Not later than the thirty-first day of March of 2002, 2003,	33614
2004, and 2005 a board of county commissioners required to provide	33615
or equip offices pursuant to division (A) or (B) of this section	33616
shall make a written estimate of the total cost it will incur for	33617
the ensuing fiscal year to provide and equip the offices and to	33618
provide heat, light, water, and janitorial services for such	33619
offices. The total estimate of cost shall include:	33620

(1) The total square feet of space to be utilized by the	33621
educational service center;	33622

(2) The total square feet of any common areas that should be	33623
reasonably allocated to the center and the methodology for making	33624
this allocation;	33625

(3) The actual cost per square foot for both the space	33626
utilized by and the common area allocated to the center;	33627

(4) An explanation of the methodology used to determine the	33628
actual cost per square foot ~~cost~~;	33629

(5) The estimated cost of providing heat, light, and water,	33630
including an explanation of how these costs were determined;	33631

(6) The estimated cost of providing janitorial services	33632
including an explanation of the methodology used to determine this	33633
cost;	33634

(7) Any other estimated costs that the board anticipates it	33635
will occur and a detailed explanation of the costs and the	33636
rationale used to determine such costs.	33637

A copy of the total estimate of costs under this division	33638
shall be sent to the superintendent of the educational service	33639
center not later than the fifth day of April. The superintendent	33640
shall review the total estimate and shall notify the board of	33641
county commissioners not later than twenty days after receipt of	33642
the estimate of either agreement with the estimate or any specific	33643
objections to the estimates and the reasons for the objections. If	33644
the superintendent agrees with the estimate, it shall become the	33645
final total estimate of cost. Failure of the superintendent to	33646
make objections to the estimate by the twentieth day after receipt	33647
of it shall be deemed to mean that the superintendent is in	33648
agreement with the estimate.	33649

If the superintendent provides specific objections to the	33650
board of county commissioners, the board shall review the	33651
objections and may modify the original estimate and shall send a	33652
revised total estimate to the superintendent within ten days after	33653
the receipt of the superintendent's objections. The superintendent	33654
shall respond to the revised estimate within ten days after its	33655
receipt. If the superintendent agrees with it, it shall become the	33656
final total estimated cost. If the superintendent fails to respond	33657
within the required time, the superintendent shall be deemed to	33658
have agreed with the revised estimate. If the superintendent	33659
disagrees with the revised estimate, the superintendent shall send	33660
specific objections to the county commissioners.	33661

If a superintendent has sent specific objections to the	33662
revised estimate within the required time, the probate judge of	33663
the county which has the greatest number of resident local school	33664
district pupils under the supervision of the educational service	33665
center shall determine the final estimated cost and certify this	33666
amount to the superintendent and the board of county commissioners	33667
prior to the first day of July.	33668

(D)(1) A board of county commissioners shall be responsible	33669
for the following percentages of the final total estimated cost	33670
established by division (C) of this section:	33671

(a) Eighty per cent for fiscal year 2003;

33672

(b) Sixty per cent for fiscal year 2004;

33673

33674

(d) Twenty per cent for fiscal year 2006.

33675

In fiscal years 2003, 2004, 2005, and 2006 the educational	33676
service center shall be responsible for the remainder of any costs	33677
in excess of the amounts specified in division (D)(1)(a),(b), or	33678
(c), or (d) of this section, as applicable, associated with the	33679
provision and equipment of offices for the educational service	33680
center and for provision of heat, light, water, and janitorial	33681
services for such offices, including any unanticipated or	33682
unexpected increases in the costs beyond the final estimated cost	33683
amount.	33684

Beginning in fiscal year 2007, no board of county	33685
commissioners shall have any obligation to provide and equip	33686
offices for an educational service center or to provide heat,	33687
light, water, or janitorial services for such offices.	33688

(2) Nothing in this section shall prohibit the board of	33689
county commissioners and the governing board of an educational	33690
service center from entering into a contract for providing and	33691
equipping offices for the use of an educational service center and	33692
for providing heat, light, water, and janitorial services for such	33693
offices. The term of any such contract shall not exceed a period	33694
of four years and may be renewed for additional periods not to	33695
exceed four years. Any such contract shall supersede the	33696
provisions of division (D)(1) of this section and no educational	33697
service center may be charged, at any time, any additional amount	33698
for the county's provision of an office and equipment, heat,	33699
light, water, and janitorial services beyond the amount specified	33700
in such contract.	33701

(3) No contract entered into under division (D)(2) of this	33702
section in any year prior to fiscal year 2007 between an	33703
educational service center formed under section 3311.053 or	33704
3311.059 of the Revised Code and the board of county commissioners	33705
required to provide and equip its office pursuant to division (B)	33706
of this section shall take effect unless the boards of county	33707
commissioners of all other counties required to participate in the	33708
funding for such offices pursuant to division (B) of this section	33709
adopt resolutions approving the contract.	33710

Sec. 3319.22. (A)(1) The state board of education shall	33711
adopt rules establishing the standards and requirements for	33712
obtaining temporary, associate, provisional, and professional	33713
educator licenses of any categories, types, and levels the board	33714
elects to provide. However, no educator license shall be required	33715
for teaching children two years old or younger.	33716

(2) If the state board requires any examinations for educator	33717
licensure, the department of education shall provide the results	33718
of such examinations received by the department to the Ohio board	33719
of regents, in the manner and to the extent permitted by state and	33720
federal law.	33721

(B) Any rules the state board of education adopts, amends, or	33722
rescinds for educator licenses under this section, division (D) of	33723
section 3301.07 of the Revised Code, or any other law shall be	33724
adopted, amended, or rescinded under Chapter 119. of the Revised	33725
Code except as follows:	33726

(1) Notwithstanding division (D) of section 119.03 and	33727
division (A)(1) of section 119.04 of the Revised Code, the	33728
effective date of any rules, or amendment or rescission of any	33729
rules, shall not be as prescribed in division (D) of section	33730
119.03 and division (A)(1) of section 119.04 of the Revised Code.	33731
Instead, the effective date shall be the date prescribed by	33732
section 3319.23 of the Revised Code.	33733

(2) Notwithstanding the authority to adopt, amend, or rescind	33734
emergency rules in division (F) of section 119.03 of the Revised	33735
Code, this authority shall not apply to the state board of	33736
education with regard to rules for educator licenses.	33737

(C)(1) The rules adopted under this section establishing	33738
standards requiring additional coursework for the renewal of any	33739
educator license shall require a school district and a chartered	33740
nonpublic school to establish local professional development	33741
committees. In a nonpublic school, the chief administrative	33742
officer shall establish the committees in any manner acceptable to	33743
such officer. The committees established under this division shall	33744
determine whether coursework that a district or chartered	33745
nonpublic school teacher proposes to complete meets the	33746
requirement of the rules. The rules shall establish a procedure by	33747
which a teacher may appeal the decision of a local professional	33748
development committee.	33749

(2) In any school district in which there is no exclusive	33750
representative established under Chapter 4117. of the Revised	33751
Code, the professional development committees shall be established	33752
as described in division (C)(2) of this section.	33753

Not later than the effective date of the rules adopted under	33754
this section, the board of education of each school district shall	33755
establish the structure for one or more local professional	33756
development committees to be operated by such school district. The	33757
committee structure so established by a district board shall	33758
remain in effect unless within thirty days prior to an anniversary	33759
of the date upon which the current committee structure was	33760
established, the board provides notice to all affected district	33761
employees that the committee structure is to be modified.	33762
Professional development committees may have a district-level or	33763
building-level scope of operations, and may be established with	33764
regard to particular grade or age levels for which an educator	33765
license is designated.	33766

Each professional development committee shall consist of at	33767
least three classroom teachers employed by the district, one	33768
principal employed by the district, and one other employee of the	33769
district appointed by the district superintendent. For committees	33770
with a building-level scope, the teacher and principal members	33771
shall be assigned to that building, and the teacher members shall	33772
be elected by majority vote of the classroom teachers assigned to	33773
that building. For committees with a district-level scope, the	33774
teacher members shall be elected by majority vote of the classroom	33775
teachers of the district, and the principal member shall be	33776
elected by a majority vote of the principals of the district,	33777
unless there are two or fewer principals employed by the district,	33778
in which case the one or two principals employed shall serve on	33779
the committee. If a committee has a particular grade or age level	33780
scope, the teacher members shall be licensed to teach such grade	33781
or age levels, and shall be elected by majority vote of the	33782
classroom teachers holding such a license and the principal shall	33783
be elected by all principals serving in buildings where any such	33784
teachers serve. The district superintendent shall appoint a	33785
replacement to fill any vacancy that occurs on a professional	33786
development committee, except in the case of vacancies among the	33787
elected classroom teacher members, which shall be filled by vote	33788
of the remaining members of the committee so selected.	33789

Terms of office on professional development committees shall	33790
be prescribed by the district board establishing the committees.	33791
The conduct of elections for members of professional development	33792
committees shall be prescribed by the district board establishing	33793
the committees. A professional development committee may include	33794
additional members, except that the majority of members on each	33795
such committee shall be classroom teachers employed by the	33796
district. Any member appointed to fill a vacancy occurring prior	33797
to the expiration date of the term for which a predecessor was	33798
appointed shall hold office as a member for the remainder of that	33799
term.	33800

The initial meeting of any professional development	33801
committee, upon election and appointment of all committee members,	33802
shall be called by a member designated by the district	33803
superintendent. At this initial meeting, the committee shall	33804
select a chairperson and such other officers the committee deems	33805
necessary, and shall adopt rules for the conduct of its meetings.	33806
Thereafter, the committee shall meet at the call of the	33807
chairperson or upon the filing of a petition with the district	33808
superintendent signed by a majority of the committee members	33809
calling for the committee to meet.	33810

(3) In the case of a school district in which an exclusive	33811
representative has been established pursuant to Chapter 4117. of	33812
the Revised Code, professional development committees shall be	33813
established in accordance with any collective bargaining agreement	33814
in effect in the district that includes provisions for such	33815
committees.	33816

If the collective bargaining agreement does not specify a	33817
different method for the selection of teacher members of the	33818
committees, the exclusive representative of the district's	33819
teachers shall select the teacher members.	33820

If the collective bargaining agreement does not specify a	33821
different structure for the committees, the board of education of	33822
the school district shall establish the structure, including the	33823
number of committees and the number of teacher and administrative	33824
members on each committee; the specific administrative members to	33825
be part of each committee; whether the scope of the committees	33826
will be district levels, building levels, or by type of grade or	33827
age levels for which educator licenses are designated; the lengths	33828
of terms for members; the manner of filling vacancies on the	33829
committees; and the frequency and time and place of meetings.	33830
However, in all cases, except as provided in division (C)(4) of	33831
this section, there shall be a majority of teacher members of any	33832
professional development committee, there shall be at least five	33833
total members of any professional development committee, and the	33834
exclusive representative shall designate replacement members in	33835
the case of vacancies among teacher members, unless the collective	33836
bargaining agreement specifies a different method of selecting	33837
such replacements.	33838

(4) Whenever an administrator's coursework plan is being	33839
discussed or voted upon, the local professional development	33840
committee shall, at the request of one of its administrative	33841
members, cause a majority of the committee to consist of	33842
administrative members by reducing the number of teacher members	33843
voting on the plan.	33844

(D)(1) The department of education, educational service	33845
centers, county boards of mental retardation and developmental	33846
disabilities, regional professional development centers, special	33847
education regional resource centers, college and university	33848
departments of education, head start programs, the Ohio SchoolNet	33849
commission, and the Ohio education computer network may establish	33850
local professional development committees to determine whether the	33851
coursework proposed by their employees who are licensed or	33852
certificated under this section or section 3319.222 of the Revised	33853
Code meet the requirements of the rules adopted under this	33854
section. They may establish local professional development	33855
committees on their own or in collaboration with a school district	33856
or other agency having authority to establish them.	33857

Local professional development committees established by	33858
county boards of mental retardation and developmental disabilities	33859
shall be structured in a manner comparable to the structures	33860
prescribed for school districts in divisions (C)(2) and (3) of	33861
this section, as shall the committees established by any other	33862
entity specified in division (D)(1) of this section that provides	33863
educational services by employing or contracting for services of	33864
classroom teachers licensed or certificated under this section or	33865
section 3319.222 of the Revised Code. All other entities specified	33866
in division (D)(1) of this section shall structure their	33867
committees in accordance with guidelines which shall be issued by	33868
the state board.	33869

(2) Any public agency that is not specified in division	33870
(D)(1) of this section but provides educational services and	33871
employs or contracts for services of classroom teachers licensed	33872
or certificated under this section or section 3319.222 of the	33873
Revised Code may establish a local professional development	33874
committee, subject to the approval of the department of education.	33875
The committee shall be structured in accordance with guidelines	33876
issued by the state board.	33877

Sec. 3319.33. On or before the first day of August in each	33878
year, the board of education of each city ~~and~~, exempted village,	33879
and local school district shall report to the state board of	33880
education~~, and the board of each local school district shall~~	33881
~~report to the superintendent of the educational service center,~~	33882
the school statistics of its district. Such report shall be made	33883
on forms furnished by the state board of education and shall	33884
contain such information as the state board of education requires.	33885
The report shall also set forth with respect to each civil	33886
proceeding in which the board of education is a defendant and each	33887
civil proceeding in which the board of education is a party and is	33888
not a defendant and in which one of the other parties is a board	33889
of education in this state or an officer, board, or official of	33890
this state:	33891

(A) The nature of the proceeding;

33892

(B) The capacity in which the board is a party to the	33893
proceeding;	33894

(C) The total expenses incurred by the board with respect to	33895
the proceeding;	33896

(D) The total expenses incurred by the board with respect to	33897
the proceeding during the reporting period.	33898

Divisions (A) to (D) of this section do not apply to any	33899
proceeding for which no expenses have been incurred during the	33900
reporting period.	33901

The board of education of each city ~~and~~, exempted village,	33902
and local school district may prepare and publish annually a	33903
report of the condition and administration of the schools under	33904
its supervision which shall include therein an exhibit of the	33905
financial affairs of the district and the information required in	33906
divisions (A) to (D) of this section. Such annual report shall be	33907
for a full year.	33908

Sec. 3319.36. (A) No treasurer of a board of education or	33909
educational service center shall draw a check for the payment of a	33910
teacher for services until the teacher files with the treasurer	33911
both of the following:	33912

(1) Such reports as are required by the state board of	33913
education, the school district board of education, or the	33914
superintendent of schools;	33915

(2) Except for a teacher who is engaged pursuant to section	33916
3319.301 of the Revised Code ~~and except as provided under division~~	33917
~~(B) of this section~~, a written statement from the city or,	33918
exempted village, or local school district superintendent or the	33919
educational service center superintendent that the teacher has	33920
filed with the treasurer a legal educator license or internship	33921
certificate, or true copy of it, to teach the subjects or grades	33922
taught, with the dates of its validity. The state board of	33923
education shall prescribe the record and administration for such	33924
filing of educator licenses and internship certificates in	33925
educational service centers.	33926

(B) ~~If the board of education of a local school district and~~	33927
~~the governing board of the educational service center of which the~~	33928
~~local district is a part have entered into an agreement under~~	33929
~~division (B) of section 3319.07 of the Revised Code, the agreement~~	33930
~~may also require the superintendent of the local school district,~~	33931
~~instead of the superintendent of the educational service center,~~	33932
~~to administer the filing of educator licenses and internship~~	33933
~~certificates for the local school district and to provide to the~~	33934
~~teachers of the district the written statements required in~~	33935
~~division (A)(2) of this section. While such an agreement is in~~	33936
~~effect between a local school district and an educational service~~	33937
~~center, a teacher employed by the local district shall file a~~	33938
~~legal educator license or internship certificate, or true copy of~~	33939
~~it, with the superintendent of the local district and that~~	33940
~~superintendent shall provide to the teacher the written statement~~	33941
~~required by division (A)(2) of this section.~~	33942

~~(C)~~ Notwithstanding division (A) of this section, the	33943
treasurer may pay either of the following:	33944

(1) Any teacher for services rendered during the first two	33945
months of the teacher's initial employment with the school	33946
district or educational service center, provided such teacher is	33947
the holder of a bachelor's degree or higher and has filed with the	33948
state board of education an application for the issuance of a	33949
provisional or professional educator license.	33950

(2) Any substitute teacher for services rendered while	33951
conditionally employed under section 3319.101 of the Revised Code.	33952

~~(D)~~(C) Upon notice to the treasurer given by the state board	33953
of education or any superintendent having jurisdiction that	33954
reports required of a teacher have not been made, the treasurer	33955
shall withhold the salary of the teacher until the required	33956
reports are completed and furnished.	33957

Sec. 3319.55. (A) A grant program is hereby established to	33958
recognize and reward public school teachers who hold valid	33959
teaching certificates or licenses issued by the national board for	33960
professional teaching standards. The superintendent of public	33961
instruction shall administer this program in accordance with this	33962
section and rules which the state board of education shall adopt	33963
in accordance with Chapter 119. of the Revised Code.	33964

In each fiscal year that the general assembly appropriates	33965
funds for purposes of this section, the superintendent of public	33966
instruction shall award a grant to each person who, by the first	33967
day of August of that year and in accordance with the rules	33968
adopted under this section, submits to the superintendent evidence	33969
indicating ~~both~~all of the following:	33970

(1) The person holds a valid certificate or license issued by	33971
the national board for professional teaching standards;	33972

(2) The person was employed full-time as a teacher by the	33973
board of education of a school district in this state during the	33974
school year that immediately preceded the fiscal year;	33975

(3) The date the person was accepted into the national board	33976
certification or licensure program.	33977

An individual may receive a grant under this section in each	33978
fiscal year the person is eligible for a grant and submits	33979
evidence of that eligibility in accordance with this section.	33980

(B) The amount of the grant awarded to each eligible person	33981
under division (A) of this section in any fiscal year shall equal	33982
~~two~~the following:	33983

(1) Two thousand five hundred dollars ~~except that~~for any	33984
teacher accepted as a candidate for certification or licensure by	33985
the national board on or before May 31, 2003, and issued a	33986
certificate or license by the national board on or before December	33987
31, 2004;	33988

(2) One thousand dollars for any other teacher issued a	33989
certificate or license by the national board.	33990

However, if the funds appropriated for purposes of this	33991
section in any fiscal year are not sufficient to award the full	33992
grant amount to each person who is eligible in that fiscal year,	33993
the superintendent shall prorate the amount of the grant awarded	33994
in that fiscal year to each eligible person ~~shall equal the amount~~	33995
~~obtained by dividing the total amount of funds appropriated for~~	33996
~~purposes of this section in the fiscal year by the total number of~~	33997
~~persons eligible for a grant under this section for the fiscal~~	33998
~~year~~.	33999

Sec. 3323.16. No unit for deaf children shall be disapproved	34000
for funding under division (B) or (D)(1) of section 3317.05 of the	34001
Revised Code on the basis of the methods of instruction used in	34002
educational programs in the school district or institution to	34003
teach deaf children to communicate, and no preference in approving	34004
units for funding shall be given ~~by the state board~~ for teaching	34005
deaf children by the oral, manual, total communication, or other	34006
method of instruction.	34007

Sec. 3327.01. Notwithstanding division (D) of section	34008
3311.19 and division (D) of section 3311.52 of the Revised Code,	34009
this section and sections 3327.011, 3327.012, and 3327.02 of the	34010
Revised Code do not apply to any joint vocational or cooperative	34011
education school district.	34012

In all city, local, and exempted village school districts	34013
where resident school pupils in grades kindergarten through eight	34014
live more than two miles from the school for which the state board	34015
of education prescribes minimum standards pursuant to division (D)	34016
of section 3301.07 of the Revised Code and to which they are	34017
assigned by the board of education of the district of residence or	34018
to and from the nonpublic or community school which they attend	34019
the board of education shall provide transportation for such	34020
pupils to and from such school except as provided in section	34021
3327.02 of the Revised Code.	34022

In all city, local, and exempted village school districts the	34023
board may provide transportation for resident school pupils in	34024
grades nine through twelve to and from the high school to which	34025
they are assigned by the board of education of the district of	34026
residence or to and from the nonpublic or community high school	34027
which they attend for which the state board of education	34028
prescribes minimum standards pursuant to division (D) of section	34029
3301.07 of the Revised Code.	34030

A board of education shall not be required to transport	34031
elementary or high school pupils to and from a nonpublic or	34032
community school where such transportation would require more than	34033
thirty minutes of direct travel time as measured by school bus	34034
from the collection point as designated by ~~the coordinator of~~	34035
~~school transportation, appointed under section 3327.011 of the~~	34036
~~Revised Code, for the attendance area of~~ the district of	34037
residence.	34038

Where it is impractical to transport a pupil by school	34039
conveyance, a board of education may offer payment, in lieu of	34040
providing such transportation in accordance with section 3327.02	34041
of the Revised Code.	34042

In all city, local, and exempted village school districts the	34043
board shall provide transportation for all children who are so	34044
crippled that they are unable to walk to and from the school for	34045
which the state board of education prescribes minimum standards	34046
pursuant to division (D) of section 3301.07 of the Revised Code	34047
and which they attend. In case of dispute whether the child is	34048
able to walk to and from the school, the health commissioner shall	34049
be the judge of such ability. In all city, exempted village, and	34050
local school districts the board shall provide transportation to	34051
and from school or special education classes for educable mentally	34052
retarded children in accordance with standards adopted by the	34053
state board of education.	34054

When transportation of pupils is provided the conveyance	34055
shall be run on a time schedule that shall be adopted and put in	34056
force by the board not later than ten days after the beginning of	34057
the school term.	34058

The cost of any transportation service authorized by this	34059
section shall be paid first out of federal funds, if any,	34060
available for the purpose of pupil transportation, and secondly	34061
out of state appropriations, in accordance with regulations	34062
adopted by the state board of education.	34063

No transportation of any pupils shall be provided by any	34064
board of education to or from any school which in the selection of	34065
pupils, faculty members, or employees, practices discrimination	34066
against any person on the grounds of race, color, religion, or	34067
national origin.	34068

Sec. 3327.011. ~~Coordinators of school transportation shall~~	34069
~~be appointed according to provisions of section 3301.13 of the~~	34070
~~Revised Code to assure that each pupil, as provided in section~~	34071
~~3327.01 of the Revised Code, is transported to and from the school~~	34072
~~which he attends in a safe, expedient, and economical manner using~~	34073
~~public school collection points, routes, and schedules.~~	34074

In determining how best to provide ~~such~~ transportation, where	34075
persons or firms on or after April 1, 1965, were providing	34076
transportation to and from schools pursuant to contracts with	34077
persons or agencies responsible for the operation of such schools,	34078
~~a coordinator or~~ the board of education responsible for	34079
transportation in accordance with section 3327.01 of the Revised	34080
Code shall give preference if economically feasible during the	34081
term of any such contract to the firm or person providing such	34082
transportation. The boards of education within the county or group	34083
of counties shall ~~recommend to the coordinator of~~establish	34084
transportation routes, schedules, and utilization of	34085
transportation equipment. ~~The coordinator, upon receipt of such~~	34086
~~recommendations, shall establish transportation routes, schedules,~~	34087
~~and utilization of transportation equipment, following such~~	34088
~~recommendations to whatever extent is feasible.~~ The appeals from	34089
the determination of the ~~coordinator~~board of education	34090
responsible for transportation shall be taken to the state board	34091
of education.	34092

Sec. 3329.06. The board of education of each city, exempted	34093
village, and local school district shall furnish, free of charge,	34094
the necessary textbooks to the pupils attending the public	34095
schools. In lieu of textbooks, district boards may furnish	34096
electronic textbooks to pupils attending the public schools,	34097
provided the electronic textbooks are furnished free of charge. A	34098
district board that chooses to furnish electronic textbooks to	34099
pupils attending school in the district shall provide reasonable	34100
access to the electronic textbooks and other necessary computer	34101
equipment to pupils in the district who are required to complete	34102
homework assignments, and teachers providing homework assignments,	34103
utilizing electronic textbooks furnished by the district board.	34104
Pupils wholly or in part supplied with necessary textbooks or	34105
electronic textbooks shall be supplied only as other or new	34106
textbooks or electronic textbooks are needed. ~~A board may limit~~	34107
~~its purchase and ownership of textbooks or electronic textbooks~~	34108
~~needed for its schools to six subjects per year, the cost of which~~	34109
~~shall not exceed twenty-five per cent of the entire cost of~~	34110
~~adoption.~~ All textbooks or electronic textbooks furnished as	34111
provided in this section shall be the property of the district,	34112
and loaned to the pupils on such terms as each such board	34113
prescribes. In order to carry out sections 3329.01 to 3329.10 of	34114
the Revised Code, each board, in the preparation of its annual	34115
budget, shall include as a separate item the amount which the	34116
board finds necessary to administer such sections and such amount	34117
shall not be subject to transfer to any other fund.	34118

Sec. 3329.08. At any regular meeting, the board of education	34119
of each local school district, from lists adopted by the	34120
educational service center governing board, and the board of	34121
education of each city and exempted village school district shall	34122
determine by a majority vote of all members elected or appointed	34123
under division (B) or (F) of section 3311.71 of the Revised Code	34124
which of such textbooks or electronic textbooks so filed shall be	34125
used in the schools under its control. ~~Except for periodic and~~	34126
~~normal updating of electronic textbooks, no textbooks or~~	34127
~~electronic textbooks shall be changed, nor any part thereof~~	34128
~~altered or revised, nor any other textbook or electronic textbook~~	34129
~~substituted therefor, within four years after the date of~~	34130
~~selection and adoption thereof, as shown by the official records~~	34131
~~of such boards, except by the consent, at a regular meeting, of~~	34132
~~four-fifths of all members elected thereto. Textbooks or~~	34133
~~electronic textbooks so substituted shall be adopted for the full~~	34134
~~term of four years.~~	34135

Sec. 3332.04. The state board of career colleges and schools	34136
may appoint an executive director and such other staff as may be	34137
required for the performance of the board's duties and provide	34138
necessary facilities. In selecting an executive director, the	34139
board shall appoint an individual with a background or experience	34140
in the regulation of commerce, business, or education. The board	34141
may also arrange for services and facilities to be provided by the	34142
state board of education and the Ohio board of regents. All	34143
receipts of the board shall be deposited in the state treasury to	34144
the credit of the ~~general revenue~~occupational licensing and	34145
regulatory fund.	34146

Sec. 3333.12. (A) As used in this section:

34147

(1) "Eligible student" means an undergraduate student who is:

34148

(a) An Ohio resident;

34149

(b) Enrolled in either of the following:

34150

(i) An accredited institution of higher education in this	34151
state that meets the requirements of Title VI of the Civil Rights	34152
Act of 1964 and is state-assisted, is nonprofit and has a	34153
certificate of authorization from the Ohio board of regents	34154
pursuant to Chapter 1713. of the Revised Code, has a certificate	34155
of registration from the state board of career colleges and	34156
schools and program authorization to award an associate or	34157
bachelor's degree, or is a private institution exempt from	34158
regulation under Chapter 3332. of the Revised Code as prescribed	34159
in section 3333.046 of the Revised Code. Students who attend an	34160
institution that holds a certificate of registration shall be	34161
enrolled in a program leading to an associate or bachelor's degree	34162
for which associate or bachelor's degree program the institution	34163
has program authorization issued under section 3332.05 of the	34164
Revised Code.	34165

(ii) A technical education program of at least two years	34166
duration sponsored by a private institution of higher education in	34167
this state that meets the requirements of Title VI of the Civil	34168
Rights Act of 1964.	34169

(c) Enrolled as a full-time student or enrolled as a less	34170
than full-time student for the term expected to be the student's	34171
final term of enrollment and is enrolled for the number of credit	34172
hours necessary to complete the requirements of the program in	34173
which the student is enrolled.	34174

(2) "Gross income" includes all taxable and nontaxable income	34175
of the parents, the student, and the student's spouse, except	34176
income derived from an Ohio academic scholarship, income earned by	34177
the student between the last day of the spring term and the first	34178
day of the fall term, and other income exclusions designated by	34179
the board. Gross income may be verified to the board by the	34180
institution in which the student is enrolled using the federal	34181
financial aid eligibility verification process or by other means	34182
satisfactory to the board.	34183

(3) "Resident," "full-time student," "dependent,"	34184
"financially independent," and "accredited" shall be defined by	34185
rules adopted by the board.	34186

(B) The Ohio board of regents shall establish and administer	34187
an instructional grant program and may adopt rules to carry out	34188
this section. The general assembly shall support the instructional	34189
grant program by such sums and in such manner as it may provide,	34190
but the board may also receive funds from other sources to support	34191
the program. If the amounts available for support of the program	34192
are inadequate to provide grants to all eligible students,	34193
preference in the payment of grants shall be given in terms of	34194
income, beginning with the lowest income category of gross income	34195
and proceeding upward by category to the highest gross income	34196
category.	34197

An instructional grant shall be paid to an eligible student	34198
through the institution in which the student is enrolled, except	34199
that no instructional grant shall be paid to any person serving a	34200
term of imprisonment. Applications for such grants shall be made	34201
as prescribed by the board, and such applications may be made in	34202
conjunction with and upon the basis of information provided in	34203
conjunction with student assistance programs funded by agencies of	34204
the United States government or from financial resources of the	34205
institution of higher education. The institution shall certify	34206
that the student applicant meets the requirements set forth in	34207
divisions (A)(1)(b) and (c) of this section. Instructional grants	34208
shall be provided to an eligible student only as long as the	34209
student is making appropriate progress toward a nursing diploma or	34210
an associate or bachelor's degree. No student shall be eligible to	34211
receive a grant for more than ten semesters, fifteen quarters, or	34212
the equivalent of five academic years. A grant made to an eligible	34213
student on the basis of less than full-time enrollment shall be	34214
based on the number of credit hours for which the student is	34215
enrolled and shall be computed in accordance with a formula	34216
adopted by the board. No student shall receive more than one grant	34217
on the basis of less than full-time enrollment.	34218

An instructional grant shall not exceed the total	34219
instructional and general charges of the institution.	34220

(C) The tables in this division prescribe the maximum grant	34221
amounts covering two semesters, three quarters, or a comparable	34222
portion of one academic year. Grant amounts for additional terms	34223
in the same academic year shall be determined under division (D)	34224
of this section.	34225

For a full-time student who is a dependent and enrolled in a	34226
nonprofit educational institution that is not a state-assisted	34227
institution and that has a certificate of authorization issued	34228
pursuant to Chapter 1713. of the Revised Code, the amount of the	34229
instructional grant for two semesters, three quarters, or a	34230
comparable portion of the academic year shall be determined in	34231
accordance with the following table:	34232

Private Institution

34234

Table of Grants

34235

	Maximum Grant $5,466		34236
Gross Income	Number of Dependents		34237

5 or more

34238

$0 - $15,000	$5,466	$5,466	$5,466	$5,466	$5,466	34239
$15,001 - $16,000	4,920	5,466	5,466	5,466	5,466	34240
$16,001 - $17,000	4,362	4,920	5,466	5,466	5,466	34241
$17,001 - $18,000	3,828	4,362	4,920	5,466	5,466	34242
$18,001 - $19,000	3,288	3,828	4,362	4,920	5,466	34243
$19,001 - $22,000	2,736	3,288	3,828	4,362	4,920	34244
$22,001 - $25,000	2,178	2,736	3,288	3,828	4,362	34245
$25,001 - $28,000	1,626	2,178	2,736	3,288	3,828	34246
$28,001 - $31,000	1,344	1,626	2,178	2,736	3,288	34247
$31,001 - $32,000	1,080	1,344	1,626	2,178	2,736	34248
$32,001 - $33,000	984	1,080	1,344	1,626	2,178	34249
$33,001 - $34,000	888	984	1,080	1,344	1,626	34250
$34,001 - $35,000	444	888	984	1,080	1,344	34251
$35,001 - $36,000	--	444	888	984	1,080	34252
$36,001 - $37,000	--	--	444	888	984	34253
$37,001 - $38,000	--	--	--	444	888	34254
$38,001 - $39,000	--	--	--	--	444	34255

For a full-time student who is financially independent and	34256
enrolled in a nonprofit educational institution that is not a	34257
state-assisted institution and that has a certificate of	34258
authorization issued pursuant to Chapter 1713. of the Revised	34259
Code, the amount of the instructional grant for two semesters,	34260
three quarters, or a comparable portion of the academic year shall	34261
be determined in accordance with the following table:	34262

Private Institution

34264

Table of Grants

34265

	Maximum Grant $5,466		34266
Gross Income	Number of Dependents		34267

5 or more

34268

$0 - $4,800	$5,466	$5,466	$5,466	$5,466	$5,466	$5,466	34269
$4,801 - $5,300	4,920	5,466	5,466	5,466	5,466	5,466	34270
$5,301 - $5,800	4,362	~~4,920~~	5,466	5,466	5,466	5,466	34271
		5,196					34272
$5,801 - $6,300	3,828	~~4,362~~	~~4,920~~	5,466	5,466	5,466	34273
		4,914	5,196				34274
$6,301 - $6,800	3,288	~~3,828~~	~~4,362~~	~~4,920~~	5,466	5,466	34275
		4,650	4,914	5,196			34276
$6,801 - $7,300	2,736	~~3,288~~	~~3,828~~	~~4,362~~	~~4,920~~	5,466	34277
		4,380	4,650	4,914	5,196		34278
$7,301 - $8,300	2,178	~~2,736~~	~~3,288~~	~~3,828~~	~~4,362~~	~~4,920~~	34279
		4,104	4,380	4,650	4,914	5,196	34280
$8,301 - $9,300	1,626	~~2,178~~	~~2,736~~	~~3,288~~	~~3,828~~	~~4,362~~	34281
		3,822	4,104	4,380	4,650	4,914	34282
$9,301 - $10,300	1,344	~~1,626~~	~~2,178~~	~~2,736~~	~~3,288~~	~~3,828~~	34283
		3,546	3,822	4,104	4,380	4,650	34284
$10,301 - $11,800	1,080	~~1,344~~	~~1,626~~	~~2,178~~	~~2,736~~	~~3,288~~	34285
		3,408	3,546	3,822	4,104	4,380	34286
$11,801 - $13,300	984	~~1,080~~	~~1,344~~	~~1,626~~	~~2,178~~	~~2,736~~	34287
		3,276	3,408	3,546	3,822	4,104	34288
$13,301 - $14,800	888	~~984~~	~~1,080~~	~~1,344~~	~~1,626~~	~~2,178~~	34289
		3,228	3,276	3,408	3,546	3,822	34290
$14,801 - $16,300	444	~~888~~	~~984~~	~~1,080~~	~~1,344~~	~~1,626~~	34291
		2,904	3,228	3,276	3,408	3,546	34292
$16,301 - $19,300	--	~~444~~	~~888~~	~~984~~	~~1,080~~	~~1,344~~	34293
		2,136	2,628	2,952	3,276	3,408	34294
$19,301 - $22,300	--	--	~~444~~	~~888~~	~~984~~	~~1,080~~	34295
		1,368	1,866	2,358	2,676	3,000	34296
$22,301 - $25,300	--	--	--	~~444~~	~~888~~	~~984~~	34297
		1,092	1,368	1,866	2,358	2,676	34298
$25,301 - $30,300	--	--	--	--	~~444~~	~~888~~	34299
		816	1,092	1,368	1,866	2,358	34300
$30,301 - $35,300	--	--	--	--	--	~~444~~	34301
		492	540	672	816	1,314	34302

For a full-time student who is a dependent and enrolled in an	34303
educational institution that holds a certificate of registration	34304
from the state board of career colleges and schools or a private	34305
institution exempt from regulation under Chapter 3332. of the	34306
Revised Code as prescribed in section 3333.046 of the Revised	34307
Code, the amount of the instructional grant for two semesters,	34308
three quarters, or a comparable portion of the academic year shall	34309
be determined in accordance with the following table:	34310

Career Institution

34311

Table of Grants

34312

	Maximum Grant $4,632		34313
Gross Income	Number of Dependents		34314

5 or more

34315

$0 - $15,000	$4,632	$4,632	$4,632	$4,632	$4,632	34316
$15,001 - $16,000	4,182	4,632	4,632	4,632	4,632	34317
$16,001 - $17,000	3,684	4,182	4,632	4,632	4,632	34318
$17,001 - $18,000	3,222	3,684	4,182	4,632	4,632	34319
$18,001 - $19,000	2,790	3,222	3,684	4,182	4,632	34320
$19,001 - $22,000	2,292	2,790	3,222	3,684	4,182	34321
$22,001 - $25,000	1,854	2,292	2,790	3,222	3,684	34322
$25,001 - $28,000	1,416	1,854	2,292	2,790	3,222	34323
$28,001 - $31,000	1,134	1,416	1,854	2,292	2,790	34324
$31,001 - $32,000	906	1,134	1,416	1,854	2,292	34325
$32,001 - $33,000	852	906	1,134	1,416	1,854	34326
$33,001 - $34,000	750	852	906	1,134	1,416	34327
$34,001 - $35,000	372	750	852	906	1,134	34328
$35,001 - $36,000	--	372	750	852	906	34329
$36,001 - $37,000	--	--	372	750	852	34330
$37,001 - $38,000	--	--	--	372	750	34331
$38,001 - $39,000	--	--	--	--	372	34332

For a full-time student who is financially independent and	34333
enrolled in an educational institution that holds a certificate of	34334
registration from the state board of career colleges and schools	34335
or a private institution exempt from regulation under Chapter	34336
3332. of the Revised Code as prescribed in section 3333.046 of the	34337
Revised Code, the amount of the instructional grant for two	34338
semesters, three quarters, or a comparable portion of the academic	34339
year shall be determined in accordance with the following table:	34340

Career Institution

34341

Table of Grants

34342

	Maximum Grant $4,632		34343
Gross Income	Number of Dependents		34344

5 or more

34345

$0 - $4,800	$4,632	$4,632	$4,632	$4,632	$4,632	$4,632	34346
$4,801 - $5,300	4,182	4,632	4,632	4,632	4,632	4,632	34347
$5,301 - $5,800	3,684	~~4,182~~	4,632	4,632	4,632	4,632	34348
		4,410					34349
$5,801 - $6,300	3,222	~~3,684~~	~~4,182~~	4,632	4,632	4,632	34350
		4,158	4,410				34351
$6,301 - $6,800	2,790	~~3,222~~	~~3,684~~	~~4,182~~	4,632	4,632	34352
		3,930	4,158	4,410			34353
$6,801 - $7,300	2,292	~~2,790~~	~~3,222~~	~~3,684~~	~~4,182~~	4,632	34354
		3,714	3,930	4,158	4,410		34355
$7,301 - $8,300	1,854	~~2,292~~	~~2,790~~	~~3,222~~	~~3,684~~	~~4,182~~	34356
		3,462	3,714	3,930	4,158	4,410	34357
$8,301 - $9,300	1,416	~~1,854~~	~~2,292~~	~~2,790~~	~~3,222~~	~~3,684~~	34358
		3,246	3,462	3,714	3,930	4,158	34359
$9,301 - $10,300	1,134	~~1,416~~	~~1,854~~	~~2,292~~	~~2,790~~	~~3,222~~	34360
		3,024	3,246	3,462	3,714	3,930	34361
$10,301 - $11,800	906	~~1,134~~	~~1,416~~	~~1,854~~	~~2,292~~	~~2,790~~	34362
		2,886	3,024	3,246	3,462	3,714	34363
$11,801 - $13,300	852	~~906~~	~~1,134~~	~~1,416~~	~~1,854~~	~~2,292~~	34364
		2,772	2,886	3,024	3,246	3,462	34365
$13,301 - $14,800	750	~~852~~	~~906~~	~~1,134~~	~~1,416~~	~~1,854~~	34366
		2,742	2,772	2,886	3,024	3,246	34367
$14,801 - $16,300	372	~~750~~	~~852~~	~~906~~	~~1,134~~	~~1,416~~	34368
		2,466	2,742	2,772	2,886	3,024	34369
$16,301 - $19,300	--	~~372~~	~~750~~	~~852~~	~~906~~	~~1,134~~	34370
		1,800	2,220	2,520	2,772	2,886	34371
$19,301 - $22,300	--	--	~~372~~	~~750~~	~~852~~	~~906~~	34372
		1,146	1,584	1,986	2,268	2,544	34373
$22,301 - $25,300	--	--	--	~~372~~	~~750~~	~~852~~	34374
		930	1,146	1,584	1,986	2,268	34375
$25,301 - $30,300	--	--	--	--	~~372~~	~~750~~	34376
		708	930	1,146	1,584	1,986	34377
$30,301 - $35,300	--	--	--	--	--	~~372~~	34378
		426	456	570	708	1,116	34379

For a full-time student who is a dependent and enrolled in a	34380
state-assisted educational institution, the amount of the	34381
instructional grant for two semesters, three quarters, or a	34382
comparable portion of the academic year shall be determined in	34383
accordance with the following table:	34384

Public Institution

34385

Table of Grants

34386

	Maximum Grant $2,190		34387
Gross Income	Number of Dependents		34388

5 or more

34389

$0 - $15,000	$2,190	$2,190	$2,190	$2,190	$2,190	34390
$15,001 - $16,000	1,974	2,190	2,190	2,190	2,190	34391
$16,001 - $17,000	1,740	1,974	2,190	2,190	2,190	34392
$17,001 - $18,000	1,542	1,740	1,974	2,190	2,190	34393
$18,001 - $19,000	1,320	1,542	1,740	1,974	2,190	34394
$19,001 - $22,000	1,080	1,320	1,542	1,740	1,974	34395
$22,001 - $25,000	864	1,080	1,320	1,542	1,740	34396
$25,001 - $28,000	648	864	1,080	1,320	1,542	34397
$28,001 - $31,000	522	648	864	1,080	1,320	34398
$31,001 - $32,000	420	522	648	864	1,080	34399
$32,001 - $33,000	384	420	522	648	864	34400
$33,001 - $34,000	354	384	420	522	648	34401
$34,001 - $35,000	174	354	384	420	522	34402
$35,001 - $36,000	--	174	354	384	420	34403
$36,001 - $37,000	--	--	174	354	384	34404
$37,001 - $38,000	--	--	--	174	354	34405
$38,001 - $39,000	--	--	--	--	174	34406

For a full-time student who is financially independent and	34407
enrolled in a state-assisted educational institution, the amount	34408
of the instructional grant for two semesters, three quarters, or a	34409
comparable portion of the academic year shall be determined in	34410
accordance with the following table:	34411

Public Institution

34412

Table of Grants

34413

	Maximum Grant $2,190		34414
Gross Income	Number of Dependents		34415

5 or more

34416

$0 - $4,800	$2,190	$2,190	$2,190	$2,190	$2,190	$2,190	34417
$4,801 - $5,300	1,974	2,190	2,190	2,190	2,190	2,190	34418
$5,301 - $5,800	1,740	~~1,974~~	2,190	2,190	2,190	2,190	34419
		2,082					34420
$5,801 - $6,300	1,542	~~1,740~~	~~1,974~~	2,190	2,190	2,190	34421
		1,968	2,082				34422
$6,301 - $6,800	1,320	~~1,542~~	~~1,740~~	~~1,974~~	2,190	2,190	34423
		1,866	1,968	2,082			34424
$6,801 - $7,300	1,080	~~1,320~~	~~1,542~~	~~1,740~~	~~1,974~~	2,190	34425
		1,758	1,866	1,968	2,082		34426
$7,301 - $8,300	864	~~1,080~~	~~1,320~~	~~1,542~~	~~1,740~~	~~1,974~~	34427
		1,638	1,758	1,866	1,968	2,082	34428
$8,301 - $9,300	648	~~864~~	~~1,080~~	~~1,320~~	~~1,542~~	~~1,740~~	34429
		1,530	1,638	1,758	1,866	1,968	34430
$9,301 - $10,300	522	~~648~~	~~864~~	~~1,080~~	~~1,320~~	~~1,542~~	34431
		1,422	1,530	1,638	1,758	1,866	34432
$10,301 - $11,800	420	~~522~~	~~648~~	~~864~~	~~1,080~~	~~1,320~~	34433
		1,356	1,422	1,530	1,638	1,758	34434
$11,801 - $13,300	384	~~420~~	~~522~~	~~648~~	~~864~~	~~1,080~~	34435
		1,308	1,356	1,422	1,530	1,638	34436
$13,301 - $14,800	354	~~384~~	~~420~~	~~522~~	~~648~~	~~864~~	34437
		1,290	1,308	1,356	1,422	1,530	34438
$14,801 - $16,300	174	~~354~~	~~384~~	~~420~~	~~522~~	~~648~~	34439
		1,164	1,290	1,308	1,356	1,422	34440
$16,301 - $19,300	--	~~174~~	~~354~~	~~384~~	~~420~~	~~522~~	34441
		858	1,050	1,182	1,308	1,356	34442
$19,301 - $22,300	--	--	~~174~~	~~354~~	~~384~~	~~420~~	34443
		540	750	948	1,062	1,200	34444
$22,301 - $25,300	--	--	--	~~174~~	~~354~~	~~384~~	34445
		432	540	750	948	1,062	34446
$25,301 - $30,300	--	--	--	--	~~174~~	~~354~~	34447
		324	432	540	750	948	34448
$30,301 - $35,300	--	--	--	--	--	~~174~~	34449
		192	210	264	324	522	34450

(D) For a full-time student enrolled in an eligible	34451
institution for a semester or quarter in addition to the portion	34452
of the academic year covered by a grant determined under division	34453
(C) of this section, the maximum grant amount shall be a	34454
percentage of the maximum prescribed in the applicable table of	34455
that division. The maximum grant for a fourth quarter shall be	34456
one-third of the maximum amount prescribed under that division.	34457
The maximum grant for a third semester shall be one-half of the	34458
maximum amount prescribed under that division.	34459

(E) No grant shall be made to any student in a course of	34460
study in theology, religion, or other field of preparation for a	34461
religious profession unless such course of study leads to an	34462
accredited bachelor of arts, bachelor of science, associate of	34463
arts, or associate of science degree.	34464

(F)(1) Except as provided in division (F)(2) of this section,	34465
no grant shall be made to any student for enrollment during a	34466
fiscal year in an institution with a cohort default rate	34467
determined by the United States secretary of education pursuant to	34468
the "Higher Education Amendments of 1986," 100 Stat. 1278, 1408,	34469
20 U.S.C.A. 1085, as amended, as of the fifteenth day of June	34470
preceding the fiscal year, equal to or greater than thirty per	34471
cent for each of the preceding two fiscal years.	34472

(2) Division (F)(1) of this section does not apply to the	34473
following:	34474

(a) Any student enrolled in an institution that under the	34475
federal law appeals its loss of eligibility for federal financial	34476
aid and the United States secretary of education determines its	34477
cohort default rate after recalculation is lower than the rate	34478
specified in division (F)(1) of this section or the secretary	34479
determines due to mitigating circumstances the institution may	34480
continue to participate in federal financial aid programs. The	34481
board shall adopt rules requiring institutions to provide	34482
information regarding an appeal to the board.	34483

(b) Any student who has previously received a grant under	34484
this section who meets all other requirements of this section.	34485

(3) The board shall adopt rules for the notification of all	34486
institutions whose students will be ineligible to participate in	34487
the grant program pursuant to division (F)(1) of this section.	34488

(4) A student's attendance at an institution whose students	34489
lose eligibility for grants under division (F)(1) of this section	34490
shall not affect that student's eligibility to receive a grant	34491
when enrolled in another institution.	34492

(G) Institutions of higher education that enroll students	34493
receiving instructional grants under this section shall report to	34494
the board all students who have received instructional grants but	34495
are no longer eligible for all or part of such grants and shall	34496
refund any moneys due the state within thirty days after the	34497
beginning of the quarter or term immediately following the quarter	34498
or term in which the student was no longer eligible to receive all	34499
or part of the student's grant. There shall be an interest charge	34500
of one per cent per month on all moneys due and payable after such	34501
thirty-day period. The board shall immediately notify the office	34502
of budget and management and the legislative service commission of	34503
all refunds so received.	34504

Sec. 3333.121. There is hereby established in the state	34505
treasury the instructional grant reconciliation fund, which shall	34506
consist of refunds of instructional grant payments made pursuant	34507
to section 3333.12 of the Revised Code. Revenues credited to the	34508
fund shall be used by the Ohio board of regents to pay to higher	34509
education institutions any outstanding obligations from the prior	34510
year owed for the Ohio instructional grant program that are	34511
identified through the annual reconciliation and financial audit.	34512
Any amount in the fund that is in excess of the amount certified	34513
to the director of budget and management by the board of regents	34514
as necessary to reconcile prior year payments under the program	34515
shall be transferred to the general revenue fund.	34516

Sec. 3333.16. As used in this section "state institution of	34517
higher education" means an institution of higher education as	34518
defined in section 3345.12 of the Revised Code.	34519

(A) By April 15, 2005, the Ohio board of regents shall do all	34520
of the following:	34521

(1) Establish policies and procedures applicable to all state	34522
institutions of higher education that ensure that students can	34523
begin higher education at any state institution of higher	34524
education and transfer coursework and degrees to any other state	34525
institution of higher education without unnecessary duplication or	34526
institutional barriers. The purpose of this requirement is to	34527
allow students to attain their highest educational aspirations in	34528
the most efficient and effective manner for the students and the	34529
state. These policies and procedures shall require state	34530
institutions of higher education to make changes or modifications,	34531
as needed, to strengthen course content so as to ensure	34532
equivalency for that course at any state institution of higher	34533
education.	34534

(2) Develop and implement a universal course equivalency	34535
classification system for state institutions of higher education	34536
so that the transfer of students and the transfer and articulation	34537
of equivalent courses or specified learning modules or units	34538
completed by students are not inhibited by inconsistent judgment	34539
about the application of transfer credits. Coursework completed	34540
within such a system at one state institution of higher education	34541
and transferred to another institution shall be applied to the	34542
student's degree objective in the same manner as equivalent	34543
coursework completed at the receiving institution.	34544

(3) Develop a system of transfer policies that ensure that	34545
graduates with associate degrees which include completion of	34546
approved transfer modules shall be admitted to a state institution	34547
of higher education, shall be able to compete for admission to	34548
specific programs on the same basis as students native to the	34549
institution, and shall have priority over out-of-state associate	34550
degree graduates and transfer students. To assist a student in	34551
advising and transferring, all state institutions of higher	34552
education shall fully implement the course applicability system.	34553

(4) Examine the feasibility of developing a transfer	34554
marketing agenda that includes materials and interactive	34555
technology to inform the citizens of Ohio about the availability	34556
of transfer options at state institutions of higher education and	34557
to encourage adults to return to colleges and universities for	34558
additional education;	34559

(5) Study, in consultation with the state board of career	34560
colleges and schools, and in light of existing criteria and any	34561
other criteria developed by the articulation and transfer advisory	34562
council, the feasibility of credit recognition and transferability	34563
to state institutions of higher education for graduates who have	34564
received associate degrees from a career college or school with a	34565
certificate of registration from the state board of career	34566
colleges and schools under Chapter 3332. of the Revised Code.	34567

(B) By April 15, 2004, the board shall report to the general	34568
assembly on its progress in attaining completion of the actions	34569
prescribed in division (A) of this section.	34570

(C) All provisions of the existing articulation and transfer	34571
policy developed by the board shall remain in effect except where	34572
amended by this act.	34573

Sec. 3333.38. (A) As used in this section:

34574

(1) "Institution of higher education" includes all of the	34575
following:	34576

(a) A state institution of higher education, as defined in	34577
section 3345.011 of the Revised Code;	34578

(b) A nonprofit institution issued a certificate of	34579
authorization by the Ohio board of regents under Chapter 1713. of	34580
the Revised Code;	34581

(c) A private institution exempt from regulation under	34582
Chapter 3332. of the Revised Code, as prescribed in section	34583
3333.046 of the Revised Code;	34584

(d) An institution of higher education with a certificate of	34585
registration from the state board of career colleges and schools	34586
under Chapter 3332. of the Revised Code.	34587

(2) "Student financial assistance supported by state funds"	34588
includes assistance granted under sections 3315.33, 3333.12,	34589
3333.21, 3333.26, 3333.27, 3333.28, 3333.29, 3333.372, 5910.03,	34590
5910.032, and 5919.34 of the Revised Code and any other	34591
post-secondary student financial assistance supported by state	34592
funds.	34593

(B) An individual who is convicted of, pleads guilty to, or	34594
is adjudicated a delinquent child for one of the following	34595
violations shall be ineligible to receive any student financial	34596
assistance supported by state funds at an institution of higher	34597
education for two calendar years from the time the individual	34598
applies for assistance of that nature:	34599

(1) A violation of section 2917.02 or 2917.03 of the Revised	34600
Code;	34601

(2) A violation of section 2917.04 of the Revised Code that	34602
is a misdemeanor of the fourth degree and occurs within the	34603
proximate area where four or more others are acting in a course of	34604
conduct in violation of section 2917.11 of the Revised Code;	34605

(3) A violation of section 2917.13 of the Revised Code that	34606
is a misdemeanor of the fourth or first degree and occurs within	34607
the proximate area where four or more others are acting in a	34608
course of conduct in violation of section 2917.11 of the Revised	34609
Code.	34610

(C) If an individual is convicted of, pleads guilty to, or is	34611
adjudicated a delinquent child for committing a violation of	34612
section 2907.02 or 2907.03 of the Revised Code, and if the	34613
individual is enrolled in a state-supported institution of higher	34614
education, the institution in which the individual is enrolled	34615
shall immediately dismiss the individual. No state-supported	34616
institution of higher education shall admit an individual of that	34617
nature for one academic year after the individual applies for	34618
admission to a state-supported institution of higher education.	34619
This division does not limit or affect the ability of a	34620
state-supported institution of higher education to suspend or	34621
otherwise discipline its students.	34622

Sec. 3353.11. There is hereby created in the state treasury	34623
the governmental television/telecommunications operating fund. The	34624
fund shall consist of money received from contract productions of	34625
the Ohio government telecommunications studio and shall be used	34626
for operations or equipment breakdowns related to the studio. Only	34627
Ohio government telecommunications may authorize the spending of	34628
money in the fund. All investment earnings of the fund shall be	34629
credited to the fund. Once the fund has a balance of zero, the	34630
fund shall cease to exist.	34631

Sec. 3361.01. (A) There is hereby created a state university	34632
to be known as the "university of Cincinnati." The government of	34633
the university of Cincinnati is vested in a board of eleven	34634
trustees who shall be appointed by the governor with the advice	34635
and consent of the senate. Two of the trustees shall be students	34636
at the university of Cincinnati, and their selection and terms	34637
shall be in accordance with division (B) of this section. The	34638
terms of the first nine members of the board of trustees shall	34639
commence upon the effective date of the transfer of assets of the	34640
state-affiliated university of Cincinnati to the university of	34641
Cincinnati hereby created. One of such trustees shall be appointed	34642
for a term ending on the first day of January occurring at least	34643
twelve months after such date of transfer, and each of the other	34644
trustees shall be appointed for respective terms ending on each	34645
succeeding first day of January, so that one term will expire on	34646
each first day of January after expiration of the shortest term.	34647
Except for the two student trustees, each successor trustee shall	34648
be appointed for a term ending on the first day of January, nine	34649
years from the expiration date of the term hethe trustee	34650
succeeds, except that any person appointed to fill a vacancy shall	34651
be appointed to serve only for the unexpired term.	34652

Any trustee shall continue in office subsequent to the	34653
expiration date of ~~his~~the trustee's term until ~~his~~the trustee's	34654
successor takes office, or until a period of sixty days has	34655
elapsed, whichever occurs first.	34656

No person who has served a full nine-year term or longer or	34657
more than six years of such a term shall be eligible to	34658
reappointment. ~~No person is eligible for appointment to the board~~	34659
~~of trustees for a full nine-year term who is not at the time of~~	34660
~~appointment a resident of the city of Cincinnati, unless at the~~	34661
~~time of such appointment there are at least five members of the~~	34662
~~board who are not students and who are residents of the city of~~	34663
~~Cincinnati.~~	34664

The trustees shall receive no compensation for their services	34665
but shall be paid their reasonable necessary expenses while	34666
engaged in the discharge of their official duties. A majority of	34667
the board constitutes a quorum.	34668

(B) The student members of the board of trustees of the	34669
university of Cincinnati have no voting power on the board.	34670
Student members shall not be considered as members of the board in	34671
determining whether a quorum is present. Student members shall not	34672
be entitled to attend executive sessions of the board. The student	34673
members of the board shall be appointed by the governor, with the	34674
advice and consent of the senate, from a group of five candidates	34675
selected pursuant to a procedure adopted by the university's	34676
student governments and approved by the university's board of	34677
trustees. The initial term of office of one of the student members	34678
shall commence on May 14, 1988 and shall expire on May 13, 1989,	34679
and the initial term of office of the other student member shall	34680
commence on May 14, 1988 and expire on May 13, 1990. Thereafter,	34681
terms of office of student members shall be for two years, each	34682
term ending on the same day of the same month of the year as the	34683
term it succeeds. In the event that a student cannot fulfill ~~his~~a	34684
two-year term, a replacement shall be selected to fill the	34685
unexpired term in the same manner used to make the original	34686
selection.	34687

Sec. 3375.41. When a board of library trustees appointed	34688
pursuant to sections 3375.06, 3375.10, 3375.12, 3375.15, 3375.22,	34689
and 3375.30 of the Revised Code determines to construct, demolish,	34690
alter, repair, or reconstruct a library or make any improvements	34691
or repairs, the cost of which will exceed ~~fifteen~~twenty-five	34692
thousand dollars, except in cases of urgent necessity or for the	34693
security and protection of library property, it shall proceed as	34694
follows:	34695

(A) The board shall advertise for a period of four weeks for	34696
bids in some newspaper of general circulation in the district, and	34697
if there are two such papers, the board shall advertise in both of	34698
them. If no newspaper has a general circulation in the district,	34699
the board shall advertise by posting ~~such~~the advertisement in	34700
three public places ~~therein~~in the district. ~~Such~~The	34701
advertisement shall be entered in full by the clerk on the record	34702
of proceedings of the board.	34703

(B) The sealed bids shall be filed with the clerk by twelve	34704
noon of the last day stated in the advertisement.	34705

(C) The bids shall be opened at the next meeting of the	34706
board, shall be publicly read by the clerk, and shall be entered	34707
in full on the records of the board; provided, that the board ~~may~~,	34708
by resolution, may provide for the public opening and reading of	34709
~~such~~the bids by the clerk, immediately after the time for filing	34710
~~such~~the bids has expired, at the usual place of meeting of the	34711
board, and for the tabulation of ~~such~~the bids and a report of	34712
~~such~~the tabulation to the board at its next meeting.	34713

(D) Each bid shall contain the name of every person	34714
interested ~~therein,~~in it and shall meet the requirements of	34715
section 153.54 of the Revised Code.	34716

(E) When both labor and materials are embraced in the work	34717
bid for, the board may require that each be separately stated in	34718
the bid, with the price ~~thereof~~of each, or may require that bids	34719
be submitted without ~~such~~that separation.	34720

(F) None but the lowest responsible bid shall be accepted.	34721
The board may reject all the bids or accept any bid for both labor	34722
and material for ~~such~~the improvement or repair which is the	34723
lowest in the aggregate.	34724

(G) The contract shall be between the board and the bidders.	34725
The board shall pay the contract price for the work in cash at the	34726
times and in the amounts as provided by sections 153.12, 153.13,	34727
and 153.14 of the Revised Code.	34728

(H) When two or more bids are equal, in whole or in part, and	34729
are lower than any others, either may be accepted, but in no case	34730
shall the work be divided between such bidders.	34731

(I) When there is reason to believe there is collusion or	34732
combination among the bidders, the bids of those concerned in ~~such~~	34733
the collusion or combination shall be rejected.	34734

Sec. 3377.01. As used in Chapter 3377. of the Revised Code:

34735

(A) "Educational institution" or "institution" means an	34736
educational institution organized not for profit and holding an	34737
effective certificate of authorization issued under section	34738
1713.02 of the Revised Code. It does not include any institution	34739
created by or in accordance with Title XXXIII of the Revised Code	34740
nor any institution whose principal educational activity is	34741
preparing students for or granting degrees, diplomas, and other	34742
marks of deficiency which have value only in religious and	34743
ecclesiastical fields.	34744

(B) "Educational facility" or "facility" means any building,	34745
structure, facility, equipment, machinery, utility, or	34746
improvement, site, or other interest in real estate therefor or	34747
pertinent thereto, and equipment and furnishings to be used	34748
therein or in connection therewith, together with any	34749
appurtenances necessary or convenient to the uses thereof, to be	34750
used for or in connection with the conduct or operation of an	34751
educational institution, including but not limited to, classrooms	34752
and other instructional facilities, laboratories, research	34753
facilities, libraries, study facilities, administrative and office	34754
facilities, museums, gymnasiums, campus walks, drives and site	34755
improvements, dormitories and other suitable living quarters or	34756
accommodations, dining halls and other food service and	34757
preparation facilities, student services or activity facilities,	34758
physical education, athletic and recreational facilities,	34759
theatres, auditoriums, assembly and exhibition halls, greenhouses,	34760
agricultural buildings and facilities, parking, storage and	34761
maintenance facilities, infirmary, hospital, medical, and health	34762
facilities, continuing education facilities, communications, fire	34763
prevention, and fire fighting facilities, and any one, or any	34764
combination of the foregoing, whether or not comprising part of	34765
one building, structure, or facility. It does not include any	34766
facility used ~~for sectarian instruction or study or~~exclusively as	34767
a place for devotional activities ~~or religious worship~~.	34768

(C) "Bond proceedings" means the resolution or resolutions,	34769
the trust agreement, the indenture of mortgage, or combination	34770
thereof authorizing or providing for the terms and conditions	34771
applicable to bonds issued under authority of Chapter 3377. of the	34772
Revised Code.	34773

(D) "Pledged facilities" means the project or other property	34774
that is mortgaged or the rentals, revenues, and other income,	34775
charges, and moneys from which are pledged, or both, for the	34776
payment of or the security for the payment of the principal of and	34777
interest on the bonds issued under the authority of section	34778
3377.05 or 3377.06 of the Revised Code.	34779

(E) "Project" means real or personal property, or both,	34780
acquired by gift or purchase, constructed, reconstructed,	34781
enlarged, remodeled, renovated, improved, furnished, or equipped,	34782
or any combination thereof, by or financed by the Ohio higher	34783
educational facility commission, or by funds that are refinanced	34784
or reimbursed by the commission for use by an educational	34785
institution as an educational facility located within the state.	34786

(F) "Project costs" means the costs of acquiring,	34787
constructing, equipping, furnishing, reconstructing, remodeling,	34788
renovating, enlarging, and improving educational facilities	34789
comprising one or more project, including costs connected with or	34790
incidental thereto, provision of capitalized interest prior to and	34791
during construction and for a period after the completion of the	34792
construction, appropriate reserves, architectural, engineering,	34793
financial, and legal services, and all other costs of financing,	34794
and the repayment or restoration of moneys borrowed or advanced	34795
for such purposes or temporarily used therefor from other sources,	34796
and means the costs of refinancing obligations issued or loans	34797
incurred by, or reimbursement of money advanced, invested or	34798
expended by, educational institutions or others the proceeds of	34799
which obligations or loans or the amounts advanced, invested or	34800
expended were used at any time for the payment of project costs,	34801
if the Ohio higher educational facility commission determines that	34802
the refinancing or reimbursement advances the purposes of this	34803
chapter, whether or not the refinancing or reimbursement is in	34804
conjunction with the acquisition or construction of additional	34805
educational facilities.	34806

Sec. 3377.06. In anticipation of the issuance of bonds	34807
authorized by section 3377.05 of the Revised Code, the Ohio higher	34808
educational facility commission may issue bond anticipation notes	34809
of the state and may renew the same from time to time by the	34810
issuance of new notes, but the maximum maturity of such notes,	34811
including renewals thereof, shall not exceed five years from the	34812
date of the issuance of the original notes. Such notes are payable	34813
solely from the revenues and receipts that may be pledged to the	34814
payment of such bonds or from the proceeds of such bonds, or both,	34815
as the commission provides in its resolution authorizing such	34816
notes, and may be additionally secured by covenants of the	34817
commission to the effect that the commission will do such or all	34818
things necessary for the issuance of such bonds, or of renewal	34819
notes under this section in appropriate amount, and either	34820
exchange such bonds or renewal notes therefor or apply the	34821
proceeds thereof to the extent necessary to make full payment on	34822
such notes at the time or times contemplated, as provided in such	34823
resolution. Subject to the provisions of this section, all	34824
provisions for and references to bonds in Chapter 3377. of the	34825
Revised Code are applicable to notes authorized under this section	34826
and any references therein to bondholders shall include holders or	34827
owners of such notes.	34828

Prior to the sale of bonds or notes authorized under section	34829
3377.05 or 3377.06 of the Revised Code, the commission shall	34830
determine that the project to be financed thereby will contribute	34831
to the objectives stated in section 3377.02 of the Revised Code	34832
and that the educational institution to which such project is to	34833
be leased, sold, exchanged, or otherwise disposed of, admits	34834
students without discrimination by reason of race, creed, color,	34835
or national origin. Nothing in this section prohibits an	34836
educational institution from requesting that its applicants for	34837
admission demonstrate beliefs or principles consistent with the	34838
mission of the institution.	34839

Sec. 3379.11. There is hereby created in the state treasury	34840
the gifts and donations fund. The fund shall consist of gifts and	34841
donations made to the Ohio arts council and fees paid for	34842
conferences the council sponsors. The fund shall be used to pay	34843
for the council's operating expenses, including, but not limited	34844
to, payroll, personal services, maintenance, equipment, and	34845
subsidy payments. All moneys deposited into the fund shall be	34846
received and expended pursuant to the council's duty to foster and	34847
encourage the development of the arts in this state and the	34848
preservation of the state's cultural heritage.	34849

Sec. 3383.01. As used in this chapter:

34850

(A) "Arts" means any of the following:

34851

(1) Visual, musical, dramatic, graphic, design, and other	34852
arts, including, but not limited to, architecture, dance,	34853
literature, motion pictures, music, painting, photography,	34854
sculpture, and theater, and the provision of training or education	34855
in these arts;	34856

(2) The presentation or making available, in museums or other	34857
indoor or outdoor facilities, of principles of science and their	34858
development, use, or application in business, industry, or	34859
commerce or of the history, heritage, development, presentation,	34860
and uses of the arts described in division (A)(1) of this section	34861
and of transportation;	34862

(3) The preservation, presentation, or making available of	34863
features of archaeological, architectural, environmental, or	34864
historical interest or significance in a state historical facility	34865
or a local historical facility.	34866

(B) "Arts organization" means either of the following:

34867

(1) A governmental agency or Ohio nonprofit corporation that	34868
provides programs or activities in areas directly concerned with	34869
the arts;	34870

(2) A regional arts and cultural district as defined in	34871
section 3381.01 of the Revised Code.	34872

(C) "Arts project" means all or any portion of an Ohio arts	34873
facility for which the general assembly has specifically	34874
authorized the spending of money, or made an appropriation,	34875
pursuant to division (D)(3) or (E) of section 3383.07 of the	34876
Revised Code.	34877

(D) "Cooperative contract" means a contract between the Ohio	34878
arts and sports facilities commission and an arts organization	34879
providing the terms and conditions of the cooperative use of an	34880
Ohio arts facility.	34881

(E) "Costs of operation" means amounts required to manage an	34882
Ohio arts facility that are incurred following the completion of	34883
construction of its arts project, provided that both of the	34884
following apply:	34885

(1) Those amounts either:

34886

(a) Have been committed to a fund dedicated to that purpose;

34887

(b) Equal the principal of any endowment fund, the income	34888
from which is dedicated to that purpose.	34889

(2) The commission and the arts organization have executed an	34890
agreement with respect to either of those funds.	34891

(F) "General building services" means general building	34892
services for an Ohio arts facility or an Ohio sports facility,	34893
including, but not limited to, general custodial care, security,	34894
maintenance, repair, painting, decoration, cleaning, utilities,	34895
fire safety, grounds and site maintenance and upkeep, and	34896
plumbing.	34897

(G) "Governmental agency" means a state agency, a	34898
state-supported or state-assisted institution of higher education,	34899
a municipal corporation, county, township, or school district, a	34900
port authority created under Chapter 4582. of the Revised Code,	34901
any other political subdivision or special district in this state	34902
established by or pursuant to law, or any combination of these	34903
entities; except where otherwise indicated, the United States or	34904
any department, division, or agency of the United States, or any	34905
agency, commission, or authority established pursuant to an	34906
interstate compact or agreement.	34907

(H) "Local contributions" means the value of an asset	34908
provided by or on behalf of an arts organization from sources	34909
other than the state, the value and nature of which shall be	34910
approved by the Ohio arts and sports facilities commission, in its	34911
sole discretion. "Local contributions" may include the value of	34912
the site where an arts project is to be constructed. All "local	34913
contributions," except a contribution attributable to such a site,	34914
shall be for the costs of construction of an arts project or the	34915
costs of operation of an arts facility.	34916

(I) "Local historical facility" means a site or facility,	34917
other than a state historical facility, of archaeological,	34918
architectural, environmental, or historical interest or	34919
significance, or a facility, including a storage facility,	34920
appurtenant to the operations of such a site or facility, that is	34921
owned by an arts organization, provided the facility meets the	34922
requirements of division (K)(2)(b) of this section, is managed by	34923
or pursuant to a contract with the Ohio arts and sports facilities	34924
commission, and is used for or in connection with the activities	34925
of the commission, including the presentation or making available	34926
of arts to the public.	34927

(J) "Manage," "operate," or "management" means the provision	34928
of, or the exercise of control over the provision of, activities:	34929

(1) Relating to the arts for an Ohio arts facility, including	34930
as applicable, but not limited to, providing for displays,	34931
exhibitions, specimens, and models; booking of artists,	34932
performances, or presentations; scheduling; and hiring or	34933
contracting for directors, curators, technical and scientific	34934
staff, ushers, stage managers, and others directly related to the	34935
arts activities in the facility; but not including general	34936
building services;	34937

(2) Relating to sports and athletic events for an Ohio sports	34938
facility, including as applicable, but not limited to, providing	34939
for booking of athletes, teams, and events; scheduling; and hiring	34940
or contracting for staff, ushers, managers, and others directly	34941
related to the sports and athletic events in the facility; but not	34942
including general building services.	34943

(K) "Ohio arts facility" means any of the following:

34944

(1) The three theaters located in the state office tower at	34945
77 South High street in Columbus;	34946

(2) Any capital facility in this state to which both of the	34947
following apply:	34948

(a) The construction of an arts project related to the	34949
facility was authorized or funded by the general assembly pursuant	34950
to division (D)(3) of section 3383.07 of the Revised Code and	34951
proceeds of state bonds are used for costs of the arts project.	34952

(b) The facility is managed directly by, or is subject to a	34953
cooperative or management contract with, the Ohio arts and sports	34954
facilities commission, and is used for or in connection with the	34955
activities of the commission, including the presentation or making	34956
available of arts to the public and the provision of training or	34957
education in the arts. ~~A cooperative or management contract shall~~	34958
~~be for a term not less than the time remaining to the date of~~	34959
~~payment or provision for payment of any state bonds issued to pay~~	34960
~~the costs of the arts project, as determined by the director of~~	34961
~~budget and management and certified by the director to the Ohio~~	34962
~~arts and sports facilities commission and to the Ohio building~~	34963
~~authority.~~	34964

(3) A state historical facility or a local historical	34965
facility.	34966

(L) "State agency" means the state or any of its branches,	34967
officers, boards, commissions, authorities, departments,	34968
divisions, or other units or agencies.	34969

(M) "Construction" includes acquisition, including	34970
acquisition by lease-purchase, demolition, reconstruction,	34971
alteration, renovation, remodeling, enlargement, improvement, site	34972
improvements, and related equipping and furnishing.	34973

(N) "State historical facility" means a site or facility of	34974
archaeological, architectural, environmental, or historical	34975
interest or significance, or a facility, including a storage	34976
facility, appurtenant to the operations of such a site or	34977
facility, that is owned by or is located on real property owned by	34978
the state or by an arts organization, so long as the real property	34979
of the arts organization is contiguous to state-owned real	34980
property that is in the care, custody, and control of an arts	34981
organization, and that is managed directly by or is subject to a	34982
cooperative or management contract with the Ohio arts and sports	34983
facilities commission and is used for or in connection with the	34984
activities of the commission, including the presentation or making	34985
available of arts to the public.	34986

(O) "Ohio sports facility" means all or a portion of a	34987
stadium, arena, or other capital facility in this state, a primary	34988
purpose of which is to provide a site or venue for the	34989
presentation to the public of events of one or more major or minor	34990
league professional athletic or sports teams that are associated	34991
with the state or with a city or region of the state, which	34992
facility is owned by or is located on real property owned by the	34993
state or a governmental agency, and including all parking	34994
facilities, walkways, and other auxiliary facilities, equipment,	34995
furnishings, and real and personal property and interests and	34996
rights therein, that may be appropriate for or used for or in	34997
connection with the facility or its operation, for capital costs	34998
of which state funds are spent pursuant to this chapter. A	34999
facility constructed as an Ohio sports facility may be both an	35000
Ohio arts facility and an Ohio sports facility.	35001

Sec. 3383.07. (A) The department of administrative services	35002
shall provide for the construction of an arts project in	35003
conformity with Chapter 153. of the Revised Code, except as	35004
follows:	35005

(1) For an arts project that has an estimated construction	35006
cost, excluding the cost of acquisition, of twenty-five million	35007
dollars or more, and that is financed by the Ohio building	35008
authority, construction services may be provided by the authority	35009
if the authority determines it should provide those services.	35010

(2) For an arts project other than a state historical	35011
facility, construction services may be provided on behalf of the	35012
state by the Ohio arts and sports facilities commission, or by a	35013
governmental agency or an arts organization that occupies, will	35014
occupy, or is responsible for the Ohio arts facility, as	35015
determined by the commission. Construction services to be provided	35016
by a governmental agency or an arts organization shall be	35017
specified in an agreement between the commission and the	35018
governmental agency or arts organization. The agreement, or any	35019
actions taken under it, are not subject to Chapter 123. or 153. of	35020
the Revised Code, except for sections 123.151 and 153.011 of the	35021
Revised Code, and shall be subject to Chapter 4115. of the Revised	35022
Code.	35023

(3) For an arts project that is a state historical facility,	35024
construction services may be provided by the Ohio arts and sports	35025
facilities commission or by an arts organization that occupies,	35026
will occupy, or is responsible for the facility, as determined by	35027
the commission. The construction services to be provided by the	35028
arts organization shall be specified in an agreement between the	35029
commission and the arts organization. That agreement, and any	35030
actions taken under it, are not subject to Chapter 123., 153., or	35031
4115. of the Revised Code.	35032

(B) For an Ohio sports facility that is financed in part by	35033
the Ohio building authority, construction services shall be	35034
provided on behalf of the state by or at the direction of the	35035
governmental agency or nonprofit corporation that will own or be	35036
responsible for the management of the facility, all as determined	35037
by the Ohio arts and sports facilities commission. Any	35038
construction services to be provided by a governmental agency or	35039
nonprofit corporation shall be specified in an agreement between	35040
the commission and the governmental agency or nonprofit	35041
corporation. That agreement, and any actions taken under it, are	35042
not subject to Chapter 123. or 153. of the Revised Code, except	35043
for sections 123.151 and 153.011 of the Revised Code, and shall be	35044
subject to Chapter 4115. of the Revised Code.	35045

(C) General building services for an Ohio arts facility shall	35046
be provided by the Ohio arts and sports facilities commission or	35047
by an arts organization that occupies, will occupy, or is	35048
responsible for the facility, as determined by the commission,	35049
except that the Ohio building authority may elect to provide those	35050
services for Ohio arts facilities financed with proceeds of state	35051
bonds issued by the authority. The costs of management and general	35052
building services shall be paid by the arts organization that	35053
occupies, will occupy, or is responsible for the facility as	35054
provided in an agreement between the commission and the arts	35055
organization, except that the state may pay for general building	35056
services for state-owned arts facilities constructed on	35057
state-owned land.	35058

General building services for an Ohio sports facility shall	35059
be provided by or at the direction of the governmental agency or	35060
nonprofit corporation that will be responsible for the management	35061
of the facility, all as determined by the commission. Any general	35062
building services to be provided by a governmental agency or	35063
nonprofit corporation for an Ohio sports facility shall be	35064
specified in an agreement between the commission and the	35065
governmental agency or nonprofit corporation. That agreement, and	35066
any actions taken under it, are not subject to Chapter 123. or	35067
153. of the Revised Code, except for sections 123.151 and 153.011	35068
of the Revised Code, and shall be subject to Chapter 4115. of the	35069
Revised Code.	35070

(D) This division does not apply to a state historical	35071
facility. No state funds, including any state bond proceeds, shall	35072
be spent on the construction of any arts project under this	35073
chapter unless, with respect to the arts project and to the Ohio	35074
arts facility related to the project, all of the following apply:	35075

(1) The Ohio arts and sports facilities commission has	35076
determined that there is a need for the arts project and the Ohio	35077
arts facility related to the project in the region of the state in	35078
which the Ohio arts facility is located or for which the facility	35079
is proposed.	35080

(2) The commission has determined that, as an indication of	35081
substantial regional support for the arts project, the arts	35082
organization has made provision satisfactory to the commission, in	35083
its sole discretion, for local contributions amounting to not less	35084
than fifty per cent of the total state funding for the arts	35085
project.	35086

(3) The general assembly has specifically authorized the	35087
spending of money on, or made an appropriation for, the	35088
construction of the arts project, or for rental payments relating	35089
to the financing of the construction of the arts project.	35090
Authorization to spend money, or an appropriation, for planning	35091
the arts project does not constitute authorization to spend money	35092
on, or an appropriation for, construction of the arts project.	35093

(E) No state funds, including any state bond proceeds, shall	35094
be spent on the construction of any state historical facility	35095
under this chapter unless the general assembly has specifically	35096
authorized the spending of money on, or made an appropriation for,	35097
the construction of the arts project related to the facility, or	35098
for rental payments relating to the financing of the construction	35099
of the arts project. Authorization to spend money, or an	35100
appropriation, for planning the arts project does not constitute	35101
authorization to spend money on, or an appropriation for, the	35102
construction of the arts project.	35103

(F) State funds shall not be used to pay or reimburse more	35104
than fifteen per cent of the initial estimated construction cost	35105
of an Ohio sports facility, excluding any site acquisition cost,	35106
and no state funds, including any state bond proceeds, shall be	35107
spent on any Ohio sports facility under this chapter unless, with	35108
respect to that facility, all of the following apply:	35109

(1) The Ohio arts and sports facilities commission has	35110
determined that there is a need for the facility in the region of	35111
the state for which the facility is proposed to provide the	35112
function of an Ohio sports facility as provided for in this	35113
chapter.	35114

(2) As an indication of substantial local support for the	35115
facility, the commission has received a financial and development	35116
plan satisfactory to it, and provision has been made, by agreement	35117
or otherwise, satisfactory to the commission, for a contribution	35118
amounting to not less than eighty-five per cent of the total	35119
estimated construction cost of the facility, excluding any site	35120
acquisition cost, from sources other than the state.	35121

(3) The general assembly has specifically authorized the	35122
spending of money on, or made an appropriation for, the	35123
construction of the facility, or for rental payments relating to	35124
state financing of all or a portion of the costs of constructing	35125
the facility. Authorization to spend money, or an appropriation,	35126
for planning or determining the feasibility of or need for the	35127
facility does not constitute authorization to spend money on, or	35128
an appropriation for, costs of constructing the facility.	35129

(4) If state bond proceeds are being used for the Ohio sports	35130
facility, the state or a governmental agency owns or has	35131
sufficient property interests in the facility or in the site of	35132
the facility or in the portion or portions of the facility	35133
financed from proceeds of state bonds, which may include, but is	35134
not limited to, the right to use or to require the use of the	35135
facility for the presentation of sport and athletic events to the	35136
public at the facility~~, extending for a period of not less than~~	35137
~~the greater of the useful life of the portion of the facility~~	35138
~~financed from proceeds of those bonds as determined using the~~	35139
~~guidelines for maximum maturities as provided under divisions (B),~~	35140
~~(C), and (D) of section 133.20 of the Revised Code, or the period~~	35141
~~of time remaining to the date of payment or provision for payment~~	35142
~~of outstanding state bonds allocable to costs of the facility, all~~	35143
~~as determined by the director of budget and management and~~	35144
~~certified by the director to the Ohio arts and sports facilities~~	35145
~~commission and to the Ohio building authority~~.	35146

Sec. 3501.011. (A) Except as otherwise provided in divisions	35147
(B) and (C) of this section, and except as otherwise provided in	35148
any section of Title XXXV of the Revised Code to the contrary, as	35149
used in the sections of the Revised Code relating to elections and	35150
political communications, whenever a person is required to sign or	35151
affix a signature to a declaration of candidacy, nominating	35152
petition, declaration of intent to be a write-in candidate,	35153
initiative petition, referendum petition, recall petition, or any	35154
other kind of petition, or to sign or affix a signature on any	35155
other document that is filed with or transmitted to a board of	35156
elections or the office of the secretary of state, "sign" or	35157
"signature" means that person's written, cursive-style legal mark	35158
written in that person's own hand.	35159

(B) For persons who do not use a cursive-style legal mark	35160
during the course of their regular business and legal affairs,	35161
"sign" or "signature" means that person's other legal mark that	35162
the person uses during the course of that person's regular	35163
business and legal affairs that is written in the person's own	35164
hand.	35165

(C) Any voter registration record requiring a person's	35166
signature shall be signed using the person's legal mark used in	35167
the person's regular business and legal affairs. For any purpose	35168
described in division (A) of this section, the legal mark of a	35169
registered elector shall be considered to be the mark of that	35170
elector as it appears on the elector's voter registration record.	35171

Sec. 3501.18. (A) The board of elections may divide a	35172
political subdivision, within its jurisdiction, into precincts	35173
~~and~~, establish, define, divide, rearrange, and combine the several	35174
election precincts within its jurisdiction, and change the	35175
location of the polling place for each precinct when it is	35176
necessary to maintain the requirements as to the number of voters	35177
in a precinct and to provide for the convenience of the voters and	35178
the proper conduct of elections~~, provided that no~~. No change in	35179
the number of precincts or in precinct boundaries shall be made	35180
during the twenty-five days immediately preceding a primary or	35181
general election ~~nor~~or between the first day of January and the	35182
day on which the members of county central committees are elected	35183
in the years in which those committees are elected. Except as	35184
otherwise provided in division (C) of this section, each precinct	35185
shall contain a number of electors, not to exceed one thousand	35186
four hundred, that the board of elections determines to be a	35187
reasonable number after taking into consideration the type and	35188
amount of available equipment, prior voter turnout, the size and	35189
location of each selected polling place, available parking,	35190
availability of an adequate number of poll workers, and handicap	35191
accessibility and other accessibility to the polling place.	35192

If the board changes the boundaries of a precinct after the	35193
filing of a local option election petition pursuant to sections	35194
4301.32 to 4301.41, 4303.29, or 4305.14 of the Revised Code that	35195
calls for a local option election to be held in that precinct, the	35196
local option election shall be held in the area that constituted	35197
the precinct at the time the local option petition was filed,	35198
regardless of the change in the boundaries.	35199

If the board changes the boundaries of a precinct in order to	35200
meet the requirements of division (B)(1) of this section in a	35201
manner that causes a member of a county central committee to no	35202
longer qualify as a representative of an election precinct in the	35203
county, of a ward of a city in the county, or of a township in the	35204
county, the member shall continue to represent the precinct, ward,	35205
or township for the remainder of the member's term, regardless of	35206
the change in boundaries.	35207

In an emergency, the board may provide more than one polling	35208
place in a precinct. In order to provide for the convenience of	35209
the voters, the board may locate polling places for voting or	35210
registration outside the boundaries of precincts, provided that	35211
the nearest public school or public building shall be used if the	35212
board determines it to be available and suitable for use as a	35213
polling place. Except in an emergency, no change in the number or	35214
location of the polling places in a precinct shall be made during	35215
the twenty-five days immediately preceding a primary or general	35216
election.	35217

Electors who have failed to respond within thirty days to any	35218
confirmation notice shall not be counted in determining the size	35219
of any precinct under this section.	35220

(B)(1) Except as otherwise provided in division (B)(2) ~~or (3)~~	35221
of this section, ~~not later than August 1, 2000, the~~a board of	35222
elections shall determine all precinct boundaries using	35223
geographical units used by the United States department of	35224
commerce, bureau of the census, in reporting the decennial census	35225
of Ohio.	35226

(2) ~~When any part of the boundary of a precinct also forms a~~	35227
~~part of the boundary of a legislative district and the precinct~~	35228
~~boundary cannot be determined by August 1, 2000, using the~~	35229
~~geographical units described in division (B)(1) of this section~~	35230
~~without making that part of the precinct boundary that also forms~~	35231
~~part of the legislative district boundary different from that~~	35232
~~legislative district boundary, the board of elections may~~	35233
~~determine the boundary of that precinct using the geographical~~	35234
~~units described in division (B)(1) of this section not later than~~	35235
~~April 1, 2002. As used in this division, legislative district~~	35236
~~means a district determined under Article XI of the Ohio~~	35237
~~Constitution.~~	35238

~~(3)~~ The board of elections may apply to the secretary of	35239
state for a waiver from the requirement of division (B)(1) of this	35240
section when it is not feasible to comply with that requirement	35241
because of unusual physical boundaries or residential development	35242
practices that would cause unusual hardship for voters. The board	35243
shall identify the affected precincts and census units, explain	35244
the reason for the waiver request, and include a map illustrating	35245
where the census units will be split because of the requested	35246
waiver. If the secretary of state approves the waiver and so	35247
notifies the board of elections in writing, the board may change a	35248
precinct boundary as necessary under this section, notwithstanding	35249
the requirement in division (B)(1) of this section.	35250

(C) The board of elections may apply to the secretary of	35251
state for a waiver from the requirement of division (A) of this	35252
section regarding the number of electors in a precinct when the	35253
use of geographical units used by the United States department of	35254
commerce, bureau of the census, will cause a precinct to contain	35255
more than one thousand four hundred electors. The board shall	35256
identify the affected precincts and census units, explain the	35257
reason for the waiver request, and include a map illustrating	35258
where census units will be split because of the requested waiver.	35259
If the secretary of state approves the waiver and so notifies the	35260
board of elections in writing, the board may change a precinct	35261
boundary as necessary to meet the requirements of division (B)(1)	35262
of this section.	35263

Sec. 3501.30. (A) The board of elections shall provide for	35264
each polling place the necessary ballot boxes, official ballots,	35265
cards of instructions, registration forms, pollbooks, or poll	35266
lists, tally sheets, forms on which to make summary statements,	35267
writing implements, paper, and all other supplies necessary for	35268
casting and counting the ballots and recording the results of the	35269
voting at ~~such~~the polling place. ~~Such~~The pollbooks or poll lists	35270
shall have certificates appropriately printed ~~thereon~~on them for	35271
the signatures of all the precinct officials, by which they shall	35272
certify that, to the best of their knowledge and belief, ~~said~~the	35273
pollbooks or poll lists correctly show the names of all electors	35274
who voted in ~~such~~the polling place at the election indicated	35275
~~therein~~in the pollbook or poll list.	35276

AAll of the following shall be included among the supplies	35277
provided to each polling place:	35278

(1) A large map of each appropriate precinct ~~shall be~~	35279
~~included among the supplies to each polling place~~, which shall be	35280
displayed prominently to assist persons who desire to register or	35281
vote on election day. Each map shall show all streets within the	35282
precinct and contain identifying symbols of the precinct in bold	35283
print.	35284

~~Such supplies shall also include a~~(2) Any materials,	35285
postings, or instructions required to comply with state or federal	35286
laws;	35287

(3) A flag of the United States approximately two and	35288
one-half feet in length along the top, which shall be displayed	35289
outside the entrance to the polling place during the time it is	35290
open for voting~~. Two~~;	35291

(4) Two or more small flags of the United States	35292
approximately fifteen inches in length along the top ~~shall be~~	35293
~~provided and~~, which shall be placed at a distance of one hundred	35294
feet from the polling place on the thoroughfares or walkways	35295
leading to the polling place, to mark the distance within which	35296
persons other than election officials, witnesses, challengers,	35297
police officers, and electors waiting to mark, marking, or casting	35298
their ballots shall not loiter, congregate, or engage in any kind	35299
of election campaigning. Where small flags cannot reasonably be	35300
placed one hundred feet from the polling place, the presiding	35301
election judge shall place the flags as near to one hundred feet	35302
from the entrance to the polling place as is physically possible.	35303
Police officers and all election officials shall see that this	35304
prohibition against loitering and congregating is enforced. ~~When~~	35305

When the period of time during which the polling place is	35306
open for voting expires, all of ~~said~~the flags described in this	35307
division shall be taken into the polling place, and shall be	35308
returned to the board together with all other election ~~materials~~	35309
~~and~~ supplies required to be delivered to ~~such~~the board.	35310

(B) The board of elections shall follow the instructions and	35311
advisories of the secretary of state in the production and use of	35312
polling place supplies.	35313

Sec. 3503.10. (A) Each designated agency shall designate one	35314
person within that agency to serve as coordinator for the voter	35315
registration program within the agency and its departments,	35316
divisions, and programs. The designated person shall be trained	35317
under a program designed by the secretary of state and shall be	35318
responsible for administering all aspects of the voter	35319
registration program for that agency as prescribed by the	35320
secretary of state. The designated person shall receive no	35321
additional compensation for performing such duties.	35322

(B) Every designated agency, public high school and	35323
vocational school, public library, and office of a county	35324
treasurer shall provide in each of its offices or locations voter	35325
registration applications and assistance in the registration of	35326
persons qualified to register to vote, in accordance with this	35327
chapter.	35328

(C) Every designated agency shall distribute to its	35329
applicants, prior to or in conjunction with distributing a voter	35330
registration application, a form prescribed by the secretary of	35331
state that includes all of the following:	35332

(1) The question, "Do you want to register to vote or update	35333
your current voter registration?"--followed by boxes for the	35334
applicant to indicate whether the applicant would like to register	35335
or decline to register to vote, and the statement, highlighted in	35336
bold print, "If you do not check either box, you will be	35337
considered to have decided not to register to vote at this time.";	35338

(2) If the agency provides public assistance, the statement,	35339
"Applying to register or declining to register to vote will not	35340
affect the amount of assistance that you will be provided by this	35341
agency.";	35342

(3) The statement, "If you would like help in filling out the	35343
voter registration application form, we will help you. The	35344
decision whether to seek or accept help is yours. You may fill out	35345
the application form in private.";	35346

(4) The statement, "If you believe that someone has	35347
interfered with your right to register or to decline to register	35348
to vote, your right to privacy in deciding whether to register or	35349
in applying to register to vote, or your right to choose your own	35350
political party or other political preference, you may file a	35351
complaint with the prosecuting attorney of your county or with the	35352
secretary of state," with the address and telephone number for	35353
each such official's office.	35354

(D) Each designated agency shall distribute a voter	35355
registration form prescribed by the secretary of state to each	35356
applicant with each application for service or assistance, and	35357
with each written application or form for recertification,	35358
renewal, or change of address.	35359

(E) Each designated agency shall do all of the following:

35360

(1) Have employees trained to administer the voter	35361
registration program in order to provide to each applicant who	35362
wishes to register to vote and who accepts assistance, the same	35363
degree of assistance with regard to completion of the voter	35364
registration application as is provided by the agency with regard	35365
to the completion of its own form;	35366

(2) Accept completed voter registration applications, voter	35367
registration change of residence forms, and voter registration	35368
change of name forms, regardless of whether the application or	35369
form was distributed by the designated agency, for transmittal to	35370
the office of the board of elections in the county in which the	35371
agency is located. Each designated agency and the appropriate	35372
board of elections shall establish a method by which the voter	35373
registration applications and other voter registration forms are	35374
transmitted to that board of elections within five days after	35375
being accepted by the agency.	35376

(3) If the designated agency is one that is primarily engaged	35377
in providing services to persons with disabilities under a	35378
state-funded program, and that agency provides services to a	35379
person with disabilities at a person's home, provide the services	35380
described in divisions (E)(1) and (2) of this section at the	35381
person's home;	35382

(4) Keep as confidential, except as required by the secretary	35383
of state for record-keeping purposes, the identity of an agency	35384
through which a person registered to vote or updated the person's	35385
voter registration records, and information relating to a	35386
declination to register to vote made in connection with a voter	35387
registration application issued by a designated agency.	35388

(F) The secretary of state shall prepare and transmit written	35389
instructions on the implementation of the voter registration	35390
program within each designated agency, public high school and	35391
vocational school, public library, and office of a county	35392
treasurer. The instructions shall include directions as follows:	35393

(1) That each person designated to assist with voter	35394
registration maintain strict neutrality with respect to a person's	35395
political philosophies, a person's right to register or decline to	35396
register, and any other matter that may influence a person's	35397
decision to register or not register to vote;	35398

(2) That each person designated to assist with voter	35399
registration not seek to influence a person's decision to register	35400
or not register to vote, not display or demonstrate any political	35401
preference or party allegiance, and not make any statement to a	35402
person or take any action the purpose or effect of which is to	35403
lead a person to believe that a decision to register or not	35404
register has any bearing on the availability of services or	35405
benefits offered, on the grade in a particular class in school, or	35406
on credit for a particular class in school;	35407

(3) Regarding when and how to assist a person in completing	35408
the voter registration application, what to do with the completed	35409
voter registration application or voter registration update form,	35410
and when the application must be transmitted to the appropriate	35411
board of elections;	35412

(4) Regarding what records must be kept by the agency and	35413
where and when those records should be transmitted to satisfy	35414
reporting requirements imposed on the secretary of state under the	35415
National Voter Registration Act of 1993;	35416

(5) Regarding whom to contact to obtain answers to questions	35417
about voter registration forms and procedures.	35418

(G) If the voter registration activity is part of an in-class	35419
voter registration program in a public high school or vocational	35420
school, whether prescribed by the secretary of state or	35421
independent of the secretary of state, the board of education	35422
shall do all of the following:	35423

(1) Establish a schedule of school days and hours during	35424
these days when the person designated to assist with voter	35425
registration shall provide voter registration assistance;	35426

(2) Designate a person to assist with voter registration from	35427
the public high school's or vocational school's staff;	35428

(3) Make voter registration applications and materials	35429
available, as outlined in the voter registration program	35430
established by the secretary of state pursuant to section 3501.05	35431
of the Revised Code;	35432

(4) Distribute the statement, "applying to register or	35433
declining to register to vote will not affect or be a condition of	35434
your receiving a particular grade in or credit for a school course	35435
or class, participating in a curricular or extracurricular	35436
activity, receiving a benefit or privilege, or participating in a	35437
program or activity otherwise available to pupils enrolled in this	35438
school district's schools.";	35439

(5) Establish a method by which the voter registration	35440
application and other voter registration forms are transmitted to	35441
the board of elections within five days after being accepted by	35442
the public high school or vocational school.	35443

(H) Any person employed by the designated agency, public high	35444
school or vocational school, public library, or office of a county	35445
treasurer may be designated to assist with voter registration	35446
pursuant to this section. The designated agency, public high	35447
school or vocational school, public library, or office of a county	35448
treasurer shall provide the designated person, and make available	35449
such space as may be necessary, without charge to the county or	35450
state.	35451

(I) The secretary of state shall prepare and cause to be	35452
displayed in a prominent location in each designated agency a	35453
notice that identifies the person designated to assist with voter	35454
registration, the nature of that person's duties, and where and	35455
when that person is available for assisting in the registration of	35456
voters.	35457

A designated agency may furnish additional supplies and	35458
services to disseminate information to increase public awareness	35459
of the existence of a person designated to assist with voter	35460
registration in every designated agency.	35461

(J) This section does not limit any authority a board of	35462
education, superintendent, or principal has to allow, sponsor, or	35463
promote voluntary election registration programs within a high	35464
school or vocational school, including programs in which pupils	35465
serve as persons designated to assist with voter registration,	35466
provided that no pupil is required to participate.	35467

(K) Each public library and office of the county treasurer	35468
shall establish a method by which voter registration forms are	35469
transmitted to the board of elections within five days after being	35470
accepted by the public library or office of the county treasurer.	35471

(L) The department of job and family services and its	35472
departments, divisions, and programs shall limit administration of	35473
the aspects of the voter registration program for the department	35474
to the requirements prescribed by the secretary of state and the	35475
requirements of this section and the National Voter Registration	35476
Act of 1993.	35477

Sec. 3505.01. On the sixtieth day before the day of the next	35478
general election, the secretary of state shall certify to the	35479
board of elections of each county the forms of the official	35480
ballots to be used at ~~such~~that general election, together with	35481
the names of the candidates to be printed ~~thereon~~on those ballots	35482
whose candidacy is to be submitted to the electors of the entire	35483
state. In the case of the presidential ballot for a general	35484
election ~~such~~, that certification shall be made on the ~~sixtieth~~	35485
fifty-fifth day before the day of the general election. On the	35486
seventy-fifth day before a special election to be held on the day	35487
specified by division (E) of section 3501.01 of the Revised Code	35488
for the holding of a primary election, designated by the general	35489
assembly for the purpose of submitting to the voters of the state	35490
constitutional amendments proposed by the general assembly, the	35491
secretary of state shall certify to the board of elections of each	35492
county the forms of the official ballots to be used at ~~such~~that	35493
election.	35494

The board of the most populous county in each district	35495
comprised of more than one county but less than all of the	35496
counties of the state, in which there are candidates whose	35497
candidacies are to be submitted to the electors of ~~such~~that	35498
district, shall, on the sixtieth day before the day of the next	35499
general election, certify to the board of each county in ~~such~~the	35500
district the names of ~~such~~those candidates to be printed on such	35501
ballots.	35502

The board of a county in which the major portion of a	35503
subdivision, located in more than one county, is located shall, on	35504
the sixtieth day before the day of the next general election,	35505
certify to the board of each county in which other portions of	35506
~~such subdivisions~~that subdivision are located the names of	35507
candidates whose candidacies are to be submitted to the electors	35508
of ~~such~~that subdivision, to be printed on such ballots.	35509

If, subsequently to the sixtieth day before, or in the case	35510
of a presidential ballot for a general election the fifty-fifth	35511
day before, and prior to the tenth day before the day of ~~such~~a	35512
general election, a certificate is filed with the secretary of	35513
state to fill a vacancy caused by the death of a candidate, the	35514
secretary of state shall forthwith make a supplemental	35515
certification to the board of each county amending and correcting	35516
~~his~~the secretary of state's original certification provided for	35517
in the first paragraph of this section. If, within ~~such~~that time,	35518
such a certificate is filed with the board of the most populous	35519
county in a district comprised of more than one county but less	35520
than all of the counties of the state, or with the board of a	35521
county in which the major portion of the population of a	35522
subdivision, located in more than one county, is located, ~~such~~the	35523
board with which ~~such a~~the certificate is filed shall forthwith	35524
make a supplemental certification to the board of each county in	35525
~~such~~the district or to the board of each county in which other	35526
portions of ~~such~~the subdivision are located, amending and	35527
correcting its original certification provided for in the second	35528
and third paragraphs of this section. If, at the time such	35529
supplemental certification is received by a board, ballots	35530
carrying the name of the deceased candidate have been printed,	35531
~~such~~the board shall cause strips of paper bearing the name of the	35532
candidate certified to fill ~~such~~the vacancy to be printed and	35533
pasted on ~~such~~those ballots so as to cover the name of the	35534
deceased candidate, except that in voting places using marking	35535
devices, the board shall cause strips of paper bearing the revised	35536
list of candidates for the office, after certification of a	35537
candidate to fill ~~such~~the vacancy, to be printed and pasted on	35538
~~such~~the ballot ~~card~~cards so as to cover the names of candidates	35539
shown prior to the new certification, before such ballots are	35540
delivered to electors.	35541

Sec. 3505.061. (A) The Ohio ballot board, as authorized by	35542
Section 1 of Article XVI, Ohio Constitution, shall consist of the	35543
secretary of state and four appointed members. No more than two of	35544
the appointed members shall be of the same political party. One of	35545
the members shall be appointed by the president of the senate, one	35546
shall be appointed by the minority leader of the senate, one shall	35547
be appointed by the speaker of the house of representatives, and	35548
one shall be appointed by the minority leader of the house of	35549
representatives. The appointments shall be made no later than the	35550
last Monday in January in the year in which the appointments are	35551
to be made. If any appointment is not so made, the secretary of	35552
state, acting in place of the person otherwise required to make	35553
the appointment, shall appoint as many qualified members	35554
affiliated with the appropriate political party as are necessary.	35555

(B)(1) The initial appointees to the board shall serve until	35556
the first Monday in February, 1977. Thereafter, terms of office	35557
shall be for four years, each term ending on the first Monday in	35558
February. The term of the secretary of state on the board shall	35559
coincide with the secretary of state's term of office. Except as	35560
otherwise provided in division (B)(2) of this section, division	35561
(B)(2) of section 3505.063, and division (B)(2) of section 3519.03	35562
of the Revised Code, each appointed member shall hold office from	35563
the date of appointment until the end of the term for which the	35564
member was appointed. Except as otherwise provided in those	35565
divisions, any member appointed to fill a vacancy occurring prior	35566
to the expiration of the term for which the member's predecessor	35567
was appointed shall hold office for the remainder of that term.	35568
Except as otherwise provided in those divisions, any member shall	35569
continue in office subsequent to the expiration date of the	35570
member's term until the member's successor takes office or a	35571
period of sixty days has elapsed, whichever occurs first. Any	35572
vacancy occurring on the board shall be filled in the manner	35573
provided for original appointments. A member appointed to fill a	35574
vacancy shall be of the same political party as that required of	35575
the member whom the member replaces.	35576

(2) The term of office of a member of the board who also is a	35577
member of the general assembly and who was appointed to the board	35578
by the president of the senate, the minority leader of the senate,	35579
the speaker of the house of representatives, or the minority	35580
leader of the house of representatives shall end on the earlier of	35581
the following dates:	35582

(a) The ending date of the ballot board term for which the	35583
member was appointed;	35584

(b) The ending date of the member's term as a member of the	35585
general assembly.	35586

(C) Members of the board shall serve without compensation but	35587
shall be reimbursed for expenses actually and necessarily incurred	35588
in the performance of their duties.	35589

(D) The secretary of state shall be the chairperson of the	35590
board, and the secretary of state or the secretary of state's	35591
representative shall have a vote equal to that of any other	35592
member. The vice-chairperson shall act as chairperson in the	35593
absence or disability of the chairperson, or during a vacancy in	35594
that office. The board shall meet after notice of at least seven	35595
days at a time and place determined by the chairperson. At its	35596
first meeting, the board shall elect a vice-chairperson from among	35597
its members for a term of two years, and it shall adopt rules for	35598
its procedures. After the first meeting, the board shall meet at	35599
the call of the chairperson or upon the written request of three	35600
other members. Three members constitute a quorum. No action shall	35601
be taken without the concurrence of three members.	35602

(E) The secretary of state shall provide technical,	35603
professional, and clerical employees as necessary for the board to	35604
carry out its duties.	35605

Sec. 3505.08. (A) Ballots shall be provided by the board of	35606
elections for all general and special elections. ~~Such~~The ballots	35607
shall be printed with black ink on No. 2 white book paper fifty	35608
pounds in weight per ream assuming such ream to consist of five	35609
hundred sheets of such paper twenty-five by thirty-eight inches in	35610
size. Each ballot shall have attached at the top two stubs, each	35611
of the width of the ballot and not less than one-half inch in	35612
length, except that, if the board of elections has an alternate	35613
method to account for the ballots that the secretary of state has	35614
authorized, each ballot may have only one stub that shall be the	35615
width of the ballot and not less than one-half inch in length. In	35616
the case of ballots with two stubs, the stubs shall be separated	35617
from the ballot and from each other by perforated lines. The top	35618
stub shall be known as Stub B and shall have printed on its face	35619
"Stub B." The other stub shall be known as Stub A and shall have	35620
printed on its face "Stub A." Each stub shall also have printed on	35621
its face "Consecutive Number .........." ~~Each~~	35622

Each ballot of each kind of ballot provided for use in each	35623
precinct shall be numbered consecutively beginning with number 1	35624
by printing such number upon both of the stubs attached ~~thereto~~to	35625
the ballot. On ballots bearing the names of candidates, each	35626
candidate's name shall be printed in twelve point boldface upper	35627
case type in an enclosed rectangular space, and an enclosed blank	35628
rectangular space shall be provided at the left ~~thereof~~of the	35629
candidate's name. The name of the political party of a candidate	35630
nominated at a primary election or certified by a party committee	35631
shall be printed in ten point lightface upper and lower case type	35632
and shall be separated by a two point blank space. The name of	35633
each candidate shall be indented one space within ~~such~~the	35634
enclosed rectangular space, and the name of the political party	35635
shall be indented two spaces within ~~such~~the enclosed rectangular	35636
space. ~~The~~	35637

The title of each office on ~~such~~the ballots shall be printed	35638
in twelve point boldface upper and lower case type in a separate	35639
enclosed rectangular space. A four point rule shall separate the	35640
name of a candidate or a group of candidates for the same office	35641
from the title of the office next appearing below on the ballot,	35642
~~and~~; a two point rule shall separate the title of the office from	35643
the names of candidates; and a one point rule shall separate names	35644
of candidates. Headings shall be printed in display Roman type.	35645
When the names of several candidates are grouped together as	35646
candidates for the same office, there shall be printed on ~~such~~the	35647
ballots immediately below the title of ~~such~~the office and within	35648
the separate rectangular space in which ~~such~~the title is printed	35649
"Vote for not more than ........," in six point boldface upper and	35650
lower case filling the blank space with that number which will	35651
indicate the number of persons who may be lawfully elected to ~~such~~	35652
the office.	35653

Columns on ballots shall be separated from each other by a	35654
heavy vertical border or solid line at least one-eighth of an inch	35655
wide, and a similar vertical border or line shall enclose the left	35656
and right side of ballots~~, and ballots~~. Ballots shall be trimmed	35657
along the sides close to such lines.	35658

The ballots provided for by this section shall be comprised	35659
of four kinds of ballots designated as follows: ~~(A)~~ office type	35660
ballot; ~~(B)~~ nonpartisan ballot; ~~(C)~~ questions and issues ballot;	35661
~~(D)~~and presidential ballot.	35662

On the back of each office type ballot shall be printed	35663
"Official Office Type Ballot;" on the back of each nonpartisan	35664
ballot shall be printed "Official Nonpartisan Ballot;" on the back	35665
of each questions and issues ballot shall be printed "Official	35666
Questions and Issues Ballot;" and on the back of each presidential	35667
ballot shall be printed "Official Presidential Ballot." On the	35668
back of every ballot also shall be printed the date of the	35669
election at which the ballot is used and the facsimile signatures	35670
of the members of the board of the county in which the ballot is	35671
used. For the purpose of identifying the kind of ballot, the back	35672
of every ballot may be numbered in ~~such~~the order as the board	35673
shall determine. ~~Such~~The numbers shall be printed in not less	35674
than thirty-six point type above the words "Official Office Type	35675
Ballot," "Official Nonpartisan Ballot," "Official Questions and	35676
Issues Ballot," or "Official Presidential Ballot," as the case may	35677
be. Ballot boxes bearing corresponding numbers shall be furnished	35678
for each precinct in which the above-described numbered ballots	35679
are used.	35680

On the back of every ballot used, there shall be a solid	35681
black line printed opposite the blank rectangular space that is	35682
used to mark the choice of the voter. This line shall be printed	35683
wide enough so that the mark in the blank rectangular space will	35684
not be visible from the back side of the ballot.	35685

Sample ballots may be printed by the board of elections for	35686
all general elections. ~~Such~~The ballots shall be printed on	35687
colored paper, and "Sample Ballot" shall be plainly printed in	35688
boldface type on the face of each ballot. In counties of less than	35689
one hundred thousand population, the board may print not more than	35690
five hundred sample ballots; in all other counties, it may print	35691
not more than one thousand sample ballots. ~~Such~~The sample ballots	35692
shall not be distributed by a political party or a candidate, nor	35693
shall a political party or candidate cause their title or name to	35694
be imprinted ~~thereon~~on sample ballots.	35695

(B) Notwithstanding division (A) of this section, in	35696
approving the form of an official ballot, the secretary of state	35697
may authorize the use of fonts, type face settings, and ballot	35698
formats other than those prescribed in that division.	35699

Sec. 3505.10. (A) On the presidential ballot below the stubs	35700
at the top of the face of the ballot shall be printed "Official	35701
Presidential Ballot" centered between the side edges of the	35702
ballot. Below "Official Presidential Ballot" shall be printed a	35703
heavy line centered between the side edges of the ballot. Below	35704
the line shall be printed "Instruction to Voters" centered between	35705
the side edges of the ballot, and below ~~such~~those words shall be	35706
printed the following instructions:	35707

"~~(A)~~(1) To vote for the candidates for president and	35708
vice-president whose names are printed below, record your vote in	35709
the manner provided next to the names of such candidates. That	35710
recording of the vote will be counted as a vote for each of the	35711
candidates for presidential elector whose names have been	35712
certified to the secretary of state and who are members of the	35713
same political party as the nominees for president and	35714
vice-president. A recording of the vote for independent candidates	35715
for president and vice-president shall be counted as a vote for	35716
the presidential electors filed by such candidates with the	35717
secretary of state.	35718

~~(B)~~(2) To vote for candidates for president and	35719
vice-president in the blank space below, record your vote in the	35720
manner provided and write the names of your choice for president	35721
and vice-president under the respective headings provided for	35722
those offices. Such write-in will be counted as a vote for the	35723
candidates' presidential electors whose names have been properly	35724
certified to the secretary of state.	35725

~~(C)~~(3) If you tear, soil, deface, or erroneously mark this	35726
ballot, return it to the precinct election officers or, if you	35727
cannot return it, notify the precinct election officers, and	35728
obtain another ballot."	35729

(B) Below ~~such~~those instructions to the voter shall be	35730
printed a single vertical column of enclosed rectangular spaces	35731
equal in number to the number of presidential candidates plus one	35732
additional space for write-in candidates. Each of ~~such~~those	35733
rectangular spaces shall be enclosed by a heavy line along each of	35734
its four sides, and such spaces shall be separated from each other	35735
by one-half inch of open space.	35736

In each of ~~such~~those enclosed rectangular spaces, except the	35737
space provided for write-in candidates, shall be printed the names	35738
of the candidates for president and vice-president certified to	35739
the secretary of state or nominated ~~as such~~in one of the	35740
following manners:	35741

(1) Nominated by the national convention of a political party	35742
to which delegates and alternates were elected in this state at	35743
the next preceding primary election ~~and the names of those~~	35744
~~independent candidates nominated~~. A political party certifying	35745
candidates so nominated shall certify the names of those	35746
candidates to the secretary of state on or before the sixtieth day	35747
before the day of the general election.	35748

(2) Nominated by nominating petition in accordance with	35749
section 3513.257 of the Revised Code. ~~The~~Such a petition shall be	35750
filed on or before the seventy-fifth day before the day of the	35751
general election to provide sufficient time to verify the	35752
sufficiency and accuracy of signatures on it.	35753

(3) Certified to the secretary of state for placement on the	35754
presidential ballot by authorized officials of an intermediate or	35755
minor political party that has held a state or national convention	35756
for the purpose of choosing those candidates or that may, without	35757
a convention, certify those candidates in accordance with the	35758
procedure authorized by its party rules. The officials shall	35759
certify the names of those candidates to the secretary of state on	35760
or before the sixtieth day before the day of the general election.	35761
The certification shall be accompanied by a designation of a	35762
sufficient number of presidential electors to satisfy the	35763
requirements of law.	35764

The names of candidates for electors of president and	35765
vice-president shall not be placed on the ballot, but shall be	35766
certified to the secretary of state as required by sections	35767
3513.11 and 3513.257 of the Revised Code. ~~The names of candidates~~	35768
~~for president and vice-president may be certified to the secretary~~	35769
~~of state, for placement on the presidential ballot, by authorized~~	35770
~~officials of an intermediate or minor political party which has~~	35771
~~held a state or national convention for the purpose of choosing~~	35772
~~such candidates, or which may, without convention, certify such~~	35773
~~candidates in accordance with the procedure authorized by its~~	35774
~~party rules. Certification to the secretary of state of such~~	35775
~~candidates shall be made on or before the seventy-fifth day before~~	35776
~~the day of the general election and shall be accompanied by~~	35777
~~designation of a sufficient number of presidential electors to~~	35778
~~satisfy the requirements of law.~~ A vote for any ~~of such~~ candidates	35779
for president and vice-president shall be a vote for the electors	35780
of ~~such~~those candidates whose names have been certified to the	35781
secretary of state.	35782

(C) The arrangement of the printing in each of ~~such~~the	35783
enclosed rectangular spaces shall be substantially as follows:	35784
Near the top and centered within the rectangular space shall be	35785
printed "For President" in ten-point boldface upper and lower case	35786
type. Below "For President" shall be printed the name of the	35787
candidate for president in twelve-point boldface upper case type.	35788
Below the name of the candidate for president shall be printed the	35789
name of the political party by which ~~such~~that candidate for	35790
president was nominated in eight-point lightface upper and lower	35791
case type. Below the name of such political party shall be printed	35792
"For Vice-President" in ten-point boldface upper and lower case	35793
type. Below "For Vice-President" shall be printed the name of the	35794
candidate for vice-president in twelve-point boldface upper case	35795
type. Below the name of the candidate for vice-president shall be	35796
printed the name of the political party by which ~~such~~that	35797
candidate for vice-president was nominated in eight-point	35798
lightface upper and lower case type. No political identification	35799
or name of any political party shall be printed below the names of	35800
presidential and vice-presidential candidates nominated by	35801
petition.	35802

The rectangular spaces on the ballot described in this	35803
section shall be rotated and printed as provided in section	35804
3505.03 of the Revised Code.	35805

Sec. 3506.20. (A) Notwithstanding anything in the Revised	35806
Code to the contrary, the secretary of state shall not do either	35807
of the following:	35808

(1) Issue instructions by a rule, directive, or advisory to	35809
any county board of elections requiring the board to be in full	35810
compliance with the "Help America Vote Act of 2002," 116 Stat.	35811
1666, 42 U.S.C. 15301, by a date that is earlier than January 1,	35812
2005;	35813

(2) Otherwise specify a date earlier than January 1, 2005, by	35814
which a county board of elections shall be in full compliance with	35815
the "Help America Vote Act of 2002," 116 Stat. 1666, 42 U.S.C.	35816
15301.	35817

(B) Notwithstanding any provision of section 3501.11 of the	35818
Revised Code to the contrary, a county board of elections shall	35819
not submit to the secretary of state, and the secretary of state	35820
shall not decide, any tie vote or disagreement of the board on	35821
whether the board will fully comply with the "Help America Vote	35822
Act of 2002," 116 Stat. 1666, 42 U.S.C. 15301, by a date that is	35823
earlier than January 1, 2005.	35824

(C) The secretary of state shall apply for a waiver, pursuant	35825
to the "Help America Vote Act of 2002," 116 Stat. 1666, 42 U.S.C.	35826
15301, of any applicable deadlines for the act's implementation	35827
earlier than January 1, 2005, except that the application shall	35828
not preclude any county board of elections that chooses to fully	35829
comply with the act by a date that is earlier than January 1,	35830
2005, from doing so.	35831

Sec. 3517.092. (A) As used in this section:

35832

(1) "Appointing authority" has the same meaning as in section	35833
124.01 of the Revised Code.	35834

(2) "State elected officer" means any person appointed or	35835
elected to a state elective office.	35836

(3) "State elective office" means any of the offices of	35837
governor, lieutenant governor, secretary of state, auditor of	35838
state, treasurer of state, attorney general, member of the state	35839
board of education, member of the general assembly, and justice	35840
and chief justice of the supreme court.	35841

(4) "County elected officer" means any person appointed or	35842
elected to a county elective office.	35843

(5) "County elective office" means any of the offices of	35844
county auditor, county treasurer, clerk of the court of common	35845
pleas, sheriff, county recorder, county engineer, county	35846
commissioner, prosecuting attorney, and coroner.	35847

(6) "Contribution" includes a contribution to any political	35848
party, campaign committee, political action committee, political	35849
contributing entity, or legislative campaign fund.	35850

(B) No state elected officer, no campaign committee of such	35851
an officer, and no other person or entity shall knowingly solicit	35852
or accept a contribution on behalf of that officer or that	35853
officer's campaign committee from any of the following:	35854

(1) A state employee whose appointing authority is the state	35855
elected officer;	35856

(2) A state employee whose appointing authority is authorized	35857
or required by law to be appointed by the state elected officer;	35858

(3) A state employee who functions in or is employed in or by	35859
the same public agency, department, division, or office as the	35860
state elected officer.	35861

(C) No candidate for a state elective office, no campaign	35862
committee of such a candidate, and no other person or entity shall	35863
knowingly solicit or accept a contribution on behalf of that	35864
candidate or that candidate's campaign committee from any of the	35865
following:	35866

(1) A state employee at the time of the solicitation, whose	35867
appointing authority will be the candidate, if elected;	35868

(2) A state employee at the time of the solicitation, whose	35869
appointing authority will be appointed by the candidate, if	35870
elected, as authorized or required by law;	35871

(3) A state employee at the time of the solicitation, who	35872
will function in or be employed in or by the same public agency,	35873
department, division, or office as the candidate, if elected.	35874

(D) No county elected officer, no campaign committee of such	35875
an officer, and no other person or entity shall knowingly solicit	35876
a contribution on behalf of that officer or that officer's	35877
campaign committee from any of the following:	35878

(1) A county employee whose appointing authority is the	35879
county elected officer;	35880

(2) A county employee whose appointing authority is	35881
authorized or required by law to be appointed by the county	35882
elected officer;	35883

(3) A county employee who functions in or is employed in or	35884
by the same public agency, department, division, or office as the	35885
county elected officer.	35886

(E) No candidate for a county elective office, no campaign	35887
committee of such a candidate, and no other person or entity shall	35888
knowingly solicit a contribution on behalf of that candidate or	35889
that candidate's campaign committee from any of the following:	35890

(1) A county employee at the time of the solicitation, whose	35891
appointing authority will be the candidate, if elected;	35892

(2) A county employee at the time of the solicitation, whose	35893
appointing authority will be appointed by the candidate, if	35894
elected, as authorized or required by law;	35895

(3) A county employee at the time of the solicitation, who	35896
will function in or be employed in or by the same public agency,	35897
department, division, or office as the candidate, if elected.	35898

(F)(1) No public employee shall solicit a contribution from	35899
any person while the public employee is performing the public	35900
employee's official duties or in those areas of a public building	35901
where official business is transacted or conducted.	35902

(2) No person shall solicit a contribution from any public	35903
employee while the public employee is performing the public	35904
employee's official duties or is in those areas of a public	35905
building where official business is transacted or conducted.	35906

(3) As used in division (F) of this section, "public	35907
employee" does not include any person holding an elective office.	35908

(G) The prohibitions in divisions (B), (C), (D), (E), and (F)	35909
of this section are in addition to the prohibitions in sections	35910
124.57, ~~1553.09,~~ 3304.22, and 4503.032 of the Revised Code.	35911

Sec. 3701.021. (A) The public health council shall adopt, in	35912
accordance with Chapter 119. of the Revised Code, such rules as	35913
are necessary to carry out sections 3701.021 to ~~3701.028~~3701.0210	35914
of the Revised Code, including, but not limited to, rules to	35915
establish the following:	35916

(1) Medical and financial eligibility requirements for the	35917
program for medically handicapped children;	35918

(2) Eligibility requirements for providers of services for	35919
medically handicapped children;	35920

(3) Procedures to be followed by the department of health in	35921
disqualifying providers for violating requirements adopted under	35922
division (A)(2) of this section;	35923

(4) Procedures to be used by the department regarding	35924
application for diagnostic services under division (B) of section	35925
3701.023 of the Revised Code and payment for those services under	35926
division (E) of that section;	35927

(5) Standards for the provision of service coordination by	35928
the department of health and city and general health districts;	35929

(6) Procedures for the department to use to determine the	35930
amount to be paid annually by each county for services for	35931
medically handicapped children and to allow counties to retain	35932
funds under divisions (A)(2) and (3) of section 3701.024 of the	35933
Revised Code;	35934

(7) Financial eligibility requirements for services for Ohio	35935
residents twenty-one years of age or older who have cystic	35936
fibrosis;	35937

(8) Criteria for payment of approved providers who provide	35938
services for medically handicapped children;	35939

(9) Criteria for the department to use in determining whether	35940
the payment of health insurance premiums of participants in the	35941
program for medically handicapped children is cost-effective;	35942

(10) Procedures for appeal of denials of applications under	35943
divisions (A) and (D) of section 3701.023 of the Revised Code,	35944
disqualification of providers, and amounts paid for services;	35945

(11) Terms of appointment for members of the medically	35946
handicapped children's medical advisory council created in section	35947
3701.025 of the Revised Code;	35948

(12) Eligibility requirements for the hemophilia program,	35949
including income and hardship requirements.	35950

(B) The department of health shall develop a manual of	35951
operational procedures and guidelines for the program for	35952
medically handicapped children to implement sections 3701.021 to	35953
~~3701.028~~3701.0210 of the Revised Code.	35954

Sec. 3701.022. As used in sections 3701.021 to ~~3701.028~~	35955
3701.0210 of the Revised Code:	35956

(A) "Medically handicapped child" means an Ohio resident	35957
under twenty-one years of age who suffers primarily from an	35958
organic disease, defect, or a congenital or acquired physically	35959
handicapping and associated condition that may hinder the	35960
achievement of normal growth and development.	35961

(B) "Provider" means a health professional, hospital, medical	35962
equipment supplier, and any individual, group, or agency that is	35963
approved by the department of health pursuant to division (C) of	35964
section 3701.023 of the Revised Code and that provides or intends	35965
to provide goods or services to a child who is eligible for the	35966
program for medically handicapped children.	35967

(C) "Service coordination" means case management services	35968
provided to medically handicapped children that promote effective	35969
and efficient organization and utilization of public and private	35970
resources and ensure that care rendered is family-centered,	35971
community-based, and coordinated.	35972

(D)(1) "Third party" means any person or government entity	35973
other than the following:	35974

(a) A medically handicapped child participating in the	35975
program for medically handicapped children or the child's parent	35976
or guardian;	35977

(b) The department or any program administered by the	35978
department, including the "Maternal and Child Health Block Grant,"	35979
Title V of the "Social Security Act," 95 Stat. 818 (1981), 42	35980
U.S.C.A. 701, as amended;	35981

(c) The "caring program for children" operated by the	35982
nonprofit community mutual insurance corporation.	35983

(2) "Third party" includes all of the following:

35984

(a) Any trust established to benefit a medically handicapped	35985
child participating in the program or the child's family or	35986
guardians, if the trust was established after the date the	35987
medically handicapped child applied to participate in the program;	35988

(b) That portion of a trust designated to pay for the medical	35989
and ancillary care of a medically handicapped child, if the trust	35990
was established on or before the date the medically handicapped	35991
child applied to participate in the program;	35992

(c) The program awarding reparations to victims of crime	35993
established under sections 2743.51 to 2743.72 of the Revised Code.	35994

(E) "Third-party benefits" means any and all benefits paid by	35995
a third party to or on behalf of a medically handicapped child	35996
participating in the program or the child's parent or guardian for	35997
goods or services that are authorized by the department pursuant	35998
to division (B) or (D) of section 3701.023 of the Revised Code.	35999

(F) "Hemophilia program" means the hemophilia program the	36000
department of health is required to establish and administer under	36001
section 3701.029 of the Revised Code.	36002

Sec. 3701.024. (A)(1) Under a procedure established in rules	36003
adopted under section 3701.021 of the Revised Code, the department	36004
of health shall determine the amount each county shall provide	36005
annually for the program for medically handicapped children, based	36006
on a proportion of the county's total general property tax	36007
duplicate, not to exceed one-tenth of a mill ~~through fiscal year~~	36008
~~2005 and three-tenths of a mill thereafter~~, and charge the county	36009
for any part of expenses incurred under the program for treatment	36010
services on behalf of medically handicapped children having legal	36011
settlement in the county that is not paid from federal funds or	36012
through the medical assistance program established under section	36013
5111.01 of the Revised Code. The department shall not charge the	36014
county for expenses exceeding the difference between the amount	36015
determined under division (A)(1) of this section and any amounts	36016
retained under divisions (A)(2) and (3) of this section.	36017

All amounts collected by the department under division (A)(1)	36018
of this section shall be deposited into the state treasury to the	36019
credit of the medically handicapped children-county assessment	36020
fund, which is hereby created. The fund shall be used by the	36021
department to comply with sections 3701.021 to 3701.028 of the	36022
Revised Code.	36023

(2) The department, in accordance with rules adopted under	36024
section 3701.021 of the Revised Code, may allow each county to	36025
retain up to ten per cent of the amount determined under division	36026
(A)(1) of this section to provide funds to city or general health	36027
districts of the county with which the districts shall provide	36028
service coordination, public health nursing, or transportation	36029
services for medically handicapped children.	36030

(3) In addition to any amount retained under division (A)(2)	36031
of this section, the department, in accordance with rules adopted	36032
under section 3701.021 of the Revised Code, may allow counties	36033
that it determines have significant numbers of potentially	36034
eligible medically handicapped children to retain an amount equal	36035
to the difference between:	36036

(a) Twenty-five per cent of the amount determined under	36037
division (A)(1) of this section;	36038

(b) Any amount retained under division (A)(2) of this	36039
section.	36040

Counties shall use amounts retained under division (A)(3) of	36041
this section to provide funds to city or general health districts	36042
of the county with which the districts shall conduct outreach	36043
activities to increase participation in the program for medically	36044
handicapped children.	36045

(4) Prior to any increase in the millage charged to a county,	36046
the public health council shall hold a public hearing on the	36047
proposed increase and shall give notice of the hearing to each	36048
board of county commissioners that would be affected by the	36049
increase at least thirty days prior to the date set for the	36050
hearing. Any county commissioner may appear and give testimony at	36051
the hearing. Any increase in the millage any county is required to	36052
provide for the program for medically handicapped children shall	36053
be determined, and notice of the amount of the increase shall be	36054
provided to each affected board of county commissioners, no later	36055
than the first day of June of the fiscal year next preceding the	36056
fiscal year in which the increase will take effect.	36057

(B) Each board of county commissioners shall establish a	36058
medically handicapped children's fund and shall appropriate	36059
thereto an amount, determined in accordance with division (A)(1)	36060
of this section, for the county's share in providing medical,	36061
surgical, and other aid to medically handicapped children residing	36062
in such county and for the purposes specified in divisions (A)(2)	36063
and (3) of this section. Each county shall use money retained	36064
under divisions (A)(2) and (3) of this section only for the	36065
purposes specified in those divisions.	36066

Sec. 3701.029. Subject to available funds, the department of	36067
health shall establish and administer a hemophilia program to	36068
provide payment of health insurance premiums for Ohio residents	36069
who meet all of the following requirements:	36070

(A) Have been diagnosed with hemophilia or a related bleeding	36071
disorder;	36072

(B) Are at least twenty-one years of age;

36073

(C) Meet the eligibility requirements established by rules	36074
adopted under division (A)(12) of section 3701.021 of the Revised	36075
Code.	36076

~~Sec. 3701.145.~~ Sec. 3701.0210. The ~~director of health~~medically	36077
handicapped children's medical advisory council shall ~~establish~~	36078
appoint a hemophilia advisory ~~council~~subcommittee to advise the	36079
director ~~and the department~~ of health and council on all matters	36080
pertaining to the care and treatment of persons with hemophilia.	36081
~~The council~~The duties of the subcommittee include, but are not	36082
limited to, the monitoring of care and treatment of children and	36083
adults who suffer from hemophilia or from other similar blood	36084
disorders.	36085

The subcommittee shall consist of not fewer than ~~nineteen~~	36086
fifteen members, each of whom shall be appointed ~~by the director~~	36087
to terms of four years. The members of the ~~council~~subcommittee	36088
shall elect a chairperson from among the appointed membership to	36089
serve a term of two years. Members of the ~~council~~subcommittee	36090
shall serve without compensation, except that they may be	36091
reimbursed for travel expenses to and from meetings of the ~~council~~	36092
subcommittee.	36093

Members shall be appointed to represent all geographic areas	36094
of this state. Not fewer than five members of the ~~council~~	36095
subcommittee shall be persons with hemophilia or family members of	36096
persons with hemophilia. Not fewer than five members shall be	36097
providers of health care services to persons with hemophilia. Not	36098
fewer than five members shall be experts in fields of importance	36099
to treatment of persons with hemophilia, including experts in	36100
infectious diseases, insurance, and law.	36101

~~The council shall submit to the director of health, the~~	36102
~~governor, and the general assembly, a report no later than the~~	36103
~~thirtieth day of September of each year summarizing the current~~	36104
~~status and needs of persons in this state with hemophilia and of~~	36105
~~family members of persons with hemophilia.~~	36106

Notwithstanding section 101.83 of the Revised Code, that	36107
section does not apply to the medically handicapped children's	36108
medical advisory council hemophilia advisory subcommittee, and the	36109
subcommittee shall not expire under that section.	36110

Sec. 3701.141. (A) There is hereby created in the department	36111
of health the ~~office of~~ women's health ~~initiatives~~program,	36112
~~consisting of the chief of the office and an administrative~~	36113
~~assistant. To the extent of available funds, other positions~~	36114
~~determined necessary and relevant by the director of health may be~~	36115
~~added. The administrative assistant and all other employees~~	36116
~~assigned to the office shall report to the chief and the chief to~~	36117
~~the director or the deputy specified by the director~~.	36118

(B) To the extent funds are available, the ~~office of~~ women's	36119
health ~~initiatives~~program shall:	36120

(1) Identify, review, and assist the director in the	36121
coordination of programs and resources the department of health is	36122
committing to women's health concerns, including the department's	36123
women's and infants' program activities;	36124

(2) Advocate for women's health by requesting that the	36125
department conduct, sponsor, encourage, or fund research;	36126
establish additional programs regarding women's health concerns as	36127
needed; and monitor the research and program efforts;	36128

(3) Collect, classify, and store relevant research conducted	36129
by the department or other entities, and provide, unless otherwise	36130
prohibited by law, interested persons access to research results;	36131

(4) ~~Generate~~Apply for grant ~~activities~~opportunities.

36132

~~(C) Prior to the director's report to the governor on the~~	36133
~~department's biennial budget request, the office of women's health~~	36134
~~initiatives shall submit in writing to the director of health a~~	36135
~~biennial report of recommended programs, projects, and research to~~	36136
~~address critical issues in women's health.~~	36137

Sec. 3701.61. (A) The department of health shall establish	36138
the help me grow program for the purpose of encouraging early	36139
prenatal and well-baby care. The program shall include	36140
distributing subsidies to counties to provide the following	36141
services:	36142

(1) Home-visiting services to newborn infants and their	36143
families;	36144

(2) Services to infants and toddlers under three years of age	36145
who are at risk for, or who have, a developmental delay or	36146
disability and their families.	36147

(B) The department shall not provide home-visiting services	36148
under the help me grow program unless requested in writing by a	36149
parent of the infant or toddler.	36150

(C) Pursuant to Chapter 119. of the Revised Code, the	36151
department shall adopt rules that are necessary and proper to	36152
implement this section.	36153

Sec. 3701.741. (A) Through December 31, 2004, each health	36154
care provider and medical records company shall provide copies of	36155
medical records in accordance with this section.	36156

(B) Except as provided in divisions (C) and (E) of this	36157
section, a health care provider or medical records company that	36158
receives a request for a copy of a patient's medical record may	36159
charge not more than the amounts set forth in this section. Total	36160
costs for copies and all services related to those copies shall	36161
not exceed the sum of the following:	36162

(1) An initial fee of fifteen dollars, which shall compensate	36163
for the records search;	36164

(2) With respect to data recorded on paper, the following	36165
amounts:	36166

(a) One dollar per page for the first ten pages;

36167

(b) Fifty cents per page for pages eleven through fifty;

36168

36169

(3) With respect to data recorded other than on paper, the	36170
actual cost of making the copy;	36171

(4) The actual cost of any related postage incurred by the	36172
health care provider or medical records company.	36173

(C) A health care provider or medical records company shall	36174
provide one copy without charge to the following:	36175

(1) The bureau of workers' compensation, in accordance with	36176
Chapters 4121. and 4123. of the Revised Code and the rules adopted	36177
under those chapters;	36178

(2) The industrial commission, in accordance with Chapters	36179
4121. and 4123. of the Revised Code and the rules adopted under	36180
those chapters;	36181

(3) The department of job and family services, in accordance	36182
with Chapter 5101. of the Revised Code and the rules adopted under	36183
those chapters;	36184

(4) The attorney general, in accordance with sections 2743.51	36185
to 2743.72 of the Revised Code and any rules that may be adopted	36186
under those sections;	36187

(5) A patient or patient's representative if the medical	36188
record is necessary to support a claim under Title II or Title XVI	36189
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 401	36190
and 1381, as amended, and the request is accompanied by	36191
documentation that a claim has been filed.	36192

(D) Division (C) of this section shall not be construed to	36193
supersede any rule of the bureau of workers' compensation, the	36194
industrial commission, or the department of job and family	36195
services.	36196

(E) A health care provider or medical records company may	36197
enter into a contract with a patient, a patient's representative,	36198
or an insurer for the copying of medical records at a fee other	36199
than as provided in division (B) of this section.	36200

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

36201

(1) Copies of medical records provided to insurers authorized	36202
under Title XXXIX of the Revised Code to do the business of	36203
sickness and accident insurance in this state or health insuring	36204
corporations holding a certificate of authority under Chapter	36205
1751. of the Revised Code;	36206

(2) Medical records the copying of which is covered by	36207
section 173.20 of the Revised Code or by 42 C.F.R. 483.10.	36208

(G) Nothing in this section requires or precludes the	36209
distribution of medical records at any particular cost or fee to	36210
insurers authorized under Title XXXIX of the Revised Code to do	36211
the business of sickness and accident insurance in this state or	36212
health insuring corporations holding a certificate of authority	36213
under Chapter 1751. of the Revised Code.	36214

Sec. 3701.83. (A) There is hereby created in the state	36215
treasury the general operations fund. Moneys in the fund shall be	36216
used for the purposes specified in sections 3701.04, 3701.344,	36217
~~3701.88,~~ 3702.20, 3710.15, 3711.021, 3717.45, 3721.02, 3722.04,	36218
3733.04, 3733.25, 3733.43, 3748.04, 3748.05, 3748.07, 3748.12,	36219
3748.13, 3749.04, 3749.07, 4747.04, 4751.04, and 4769.09 of the	36220
Revised Code.	36221

(B) The alcohol testing program fund is hereby created in the	36222
state treasury. The director of health shall use the fund to	36223
administer and enforce the alcohol testing and permit program	36224
authorized by section 3701.143 of the Revised Code.	36225

The fund shall receive transfers from the liquor control fund	36226
created under section 4301.12 of the Revised Code. All investment	36227
earnings of the alcohol testing program fund shall be credited to	36228
the fund.	36229

Sec. 3701.881. (A) As used in this section:

36230

(1) "Applicant" means both of the following:

36231

(a) A person who is under final consideration for appointment	36232
or employment with a home health agency in a position as a person	36233
responsible for the care, custody, or control of a child;	36234

(b) A person who is under final consideration for employment	36235
with a home health agency in a full-time, part-time, or temporary	36236
position that involves providing direct care to an older adult.	36237
With regard to persons providing direct care to older adults,	36238
"applicant" does not include a person who provides direct care as	36239
a volunteer without receiving or expecting to receive any form of	36240
remuneration other than reimbursement for actual expenses.	36241

(2) "Criminal records check" and "older adult" have the same	36242
meanings as in section 109.572 of the Revised Code.	36243

(3) "Home health agency" ~~has the same meaning as in section~~	36244
~~3701.88 of the Revised Code~~means a person or government entity,	36245
other than a nursing home, residential care facility, or hospice	36246
care program, that has the primary function of providing any of	36247
the following services to a patient at a place of residence used	36248
as the patient's home:	36249

(a) Skilled nursing care;

36250

(b) Physical therapy;

36251

36252

(d) Occupational therapy;

36253

(e) Medical social services;

36254

(f) Home health aide services.

36255

(4) "Home health aide services" means any of the following	36256
services provided by an individual employed with or contracted for	36257
by a home health agency:	36258

(a) Hands-on bathing or assistance with a tub bath or shower;

36259

(b) Assistance with dressing, ambulation, and toileting;

36260

36261

(d) Meal preparation and feeding.

36262

(5) "Hospice care program" has the same meaning as in section	36263
3712.01 of the Revised Code.	36264

(6) "Medical social services" means services provided by a	36265
social worker under the direction of a patient's attending	36266
physician.	36267

(7) "Minor drug possession offense" has the same meaning as	36268
in section 2925.01 of the Revised Code.	36269

(8) "Nursing home," "residential care facility," and "skilled	36270
nursing care" have the same meanings as in section 3721.01 of the	36271
Revised Code.	36272

(9) "Occupational therapy" has the same meaning as in section	36273
4755.01 of the Revised Code.	36274

(10) "Physical therapy" has the same meaning as in section	36275
4755.40 of the Revised Code.	36276

(11) "Social worker" means a person licensed under Chapter	36277
4757. of the Revised Code to practice as a social worker or	36278
independent social worker.	36279

(12) "Speech-language pathology" has the same meaning as in	36280
section 4753.01 of the Revised Code.	36281

(B)(1) Except as provided in division (I) of this section,	36282
the chief administrator of a home health agency shall request the	36283
superintendent of the bureau of criminal identification and	36284
investigation to conduct a criminal records check with respect to	36285
each applicant. If the position may involve both responsibility	36286
for the care, custody, or control of a child and provision of	36287
direct care to an older adult, the chief administrator shall	36288
request that the superintendent conduct a single criminal records	36289
check for the applicant. If an applicant for whom a criminal	36290
records check request is required under this division does not	36291
present proof of having been a resident of this state for the	36292
five-year period immediately prior to the date upon which the	36293
criminal records check is requested or does not provide evidence	36294
that within that five-year period the superintendent has requested	36295
information about the applicant from the federal bureau of	36296
investigation in a criminal records check, the chief administrator	36297
shall request that the superintendent obtain information from the	36298
federal bureau of investigation as a part of the criminal records	36299
check for the applicant. Even if an applicant for whom a criminal	36300
records check request is required under this division presents	36301
proof that the applicant has been a resident of this state for	36302
that five-year period, the chief administrator may request that	36303
the superintendent include information from the federal bureau of	36304
investigation in the criminal records check.	36305

(2) Any person required by division (B)(1) of this section to	36306
request a criminal records check shall provide to each applicant	36307
for whom a criminal records check request is required under that	36308
division a copy of the form prescribed pursuant to division (C)(1)	36309
of section 109.572 of the Revised Code and a standard impression	36310
sheet prescribed pursuant to division (C)(2) of section 109.572 of	36311
the Revised Code, obtain the completed form and impression sheet	36312
from each applicant, and forward the completed form and impression	36313
sheet to the superintendent of the bureau of criminal	36314
identification and investigation at the time the chief	36315
administrator requests a criminal records check pursuant to	36316
division (B)(1) of this section.	36317

(3) An applicant who receives pursuant to division (B)(2) of	36318
this section a copy of the form prescribed pursuant to division	36319
(C)(1) of section 109.572 of the Revised Code and a copy of an	36320
impression sheet prescribed pursuant to division (C)(2) of that	36321
section and who is requested to complete the form and provide a	36322
set of fingerprint impressions shall complete the form or provide	36323
all the information necessary to complete the form and shall	36324
provide the impression sheets with the impressions of the	36325
applicant's fingerprints. If an applicant, upon request, fails to	36326
provide the information necessary to complete the form or fails to	36327
provide fingerprint impressions, the home health agency shall not	36328
employ that applicant for any position for which a criminal	36329
records check is required by division (B)(1) of this section.	36330

(C)(1) Except as provided in rules adopted by the department	36331
of health in accordance with division (F) of this section and	36332
subject to division (C)(3) of this section, no home health agency	36333
shall employ a person as a person responsible for the care,	36334
custody, or control of a child if the person previously has been	36335
convicted of or pleaded guilty to any of the following:	36336

(a) A violation of section 2903.01, 2903.02, 2903.03,	36337
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	36338
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	36339
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	36340
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	36341
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	36342
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	36343
2925.06, or 3716.11 of the Revised Code, a violation of section	36344
2905.04 of the Revised Code as it existed prior to July 1, 1996, a	36345
violation of section 2919.23 of the Revised Code that would have	36346
been a violation of section 2905.04 of the Revised Code as it	36347
existed prior to July 1, 1996, had the violation been committed	36348
prior to that date, a violation of section 2925.11 of the Revised	36349
Code that is not a minor drug possession offense, or felonious	36350
sexual penetration in violation of former section 2907.12 of the	36351
Revised Code;	36352

(b) A violation of an existing or former law of this state,	36353
any other state, or the United States that is substantially	36354
equivalent to any of the offenses listed in division (C)(1)(a) of	36355
this section.	36356

(2) Except as provided in rules adopted by the department of	36357
health in accordance with division (F) of this section and subject	36358
to division (C)(3) of this section, no home health agency shall	36359
employ a person in a position that involves providing direct care	36360
to an older adult if the person previously has been convicted of	36361
or pleaded guilty to any of the following:	36362

(a) A violation of section 2903.01, 2903.02, 2903.03,	36363
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	36364
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	36365
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	36366
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	36367
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	36368
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	36369
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	36370
2925.22, 2925.23, or 3716.11 of the Revised Code.	36371

(b) A violation of an existing or former law of this state,	36372
any other state, or the United States that is substantially	36373
equivalent to any of the offenses listed in division (C)(2)(a) of	36374
this section.	36375

(3)(a) A home health agency may employ conditionally an	36376
applicant for whom a criminal records check request is required	36377
under division (B) of this section as a person responsible for the	36378
care, custody, or control of a child until the criminal records	36379
check regarding the applicant required by this section is	36380
completed and the agency receives the results of the criminal	36381
records check. If the results of the criminal records check	36382
indicate that, pursuant to division (C)(1) of this section, the	36383
applicant does not qualify for employment, the agency shall	36384
release the applicant from employment unless the agency chooses to	36385
employ the applicant pursuant to division (F) of this section.	36386

(b)(i) A home health agency may employ conditionally an	36387
applicant for whom a criminal records check request is required	36388
under division (B) of this section in a position that involves	36389
providing direct care to an older adult or in a position that	36390
involves both responsibility for the care, custody, and control of	36391
a child and the provision of direct care to older adults prior to	36392
obtaining the results of a criminal records check regarding the	36393
individual, provided that the agency shall request a criminal	36394
records check regarding the individual in accordance with division	36395
(B)(1) of this section not later than five business days after the	36396
individual begins conditional employment. In the circumstances	36397
described in division (I)(2) of this section, a home health agency	36398
may employ conditionally in a position that involves providing	36399
direct care to an older adult an applicant who has been referred	36400
to the home health agency by an employment service that supplies	36401
full-time, part-time, or temporary staff for positions involving	36402
the direct care of older adults and for whom, pursuant to that	36403
division, a criminal records check is not required under division	36404
(B) of this section. In the circumstances described in division	36405
(I)(4) of this section, a home health agency may employ	36406
conditionally in a position that involves both responsibility for	36407
the care, custody, and control of a child and the provision of	36408
direct care to older adults an applicant who has been referred to	36409
the home health agency by an employment service that supplies	36410
full-time, part-time, or temporary staff for positions involving	36411
both responsibility for the care, custody, and control of a child	36412
and the provision of direct care to older adults and for whom,	36413
pursuant to that division, a criminal records check is not	36414
required under division (B) of this section.	36415

(ii) A home health agency that employs an individual	36416
conditionally under authority of division (C)(3)(b)(i) of this	36417
section shall terminate the individual's employment if the results	36418
of the criminal records check requested under division (B)(1) of	36419
this section or described in division (I)(2) or (4) of this	36420
section, other than the results of any request for information	36421
from the federal bureau of investigation, are not obtained within	36422
the period ending sixty days after the date the request is made.	36423
Regardless of when the results of the criminal records check are	36424
obtained, if the individual was employed conditionally in a	36425
position that involves the provision of direct care to older	36426
adults and the results indicate that the individual has been	36427
convicted of or pleaded guilty to any of the offenses listed or	36428
described in division (C)(2) of this section, or if the individual	36429
was employed conditionally in a position that involves both	36430
responsibility for the care, custody, and control of a child and	36431
the provision of direct care to older adults and the results	36432
indicate that the individual has been convicted of or pleaded	36433
guilty to any of the offenses listed or described in division	36434
(C)(1) or (2) of this section, the agency shall terminate the	36435
individual's employment unless the agency chooses to employ the	36436
individual pursuant to division (F) of this section. Termination	36437
of employment under this division shall be considered just cause	36438
for discharge for purposes of division (D)(2) of section 4141.29	36439
of the Revised Code if the individual makes any attempt to deceive	36440
the agency about the individual's criminal record.	36441

(D)(1) Each home health agency shall pay to the bureau of	36442
criminal identification and investigation the fee prescribed	36443
pursuant to division (C)(3) of section 109.572 of the Revised Code	36444
for each criminal records check conducted in accordance with that	36445
section upon the request pursuant to division (B)(1) of this	36446
section of the chief administrator of the home health agency.	36447

(2) A home health agency may charge an applicant a fee for	36448
the costs it incurs in obtaining a criminal records check under	36449
this section, unless the medical assistance program established	36450
under Chapter 5111. of the Revised Code reimburses the agency for	36451
the costs. A fee charged under division (D)(2) of this section	36452
shall not exceed the amount of fees the agency pays under division	36453
(D)(1) of this section. If a fee is charged under division (D)(2)	36454
of this section, the agency shall notify the applicant at the time	36455
of the applicant's initial application for employment of the	36456
amount of the fee and that, unless the fee is paid, the agency	36457
will not consider the applicant for employment.	36458

(E) The report of any criminal records check conducted by the	36459
bureau of criminal identification and investigation in accordance	36460
with section 109.572 of the Revised Code and pursuant to a request	36461
made under division (B)(1) of this section is not a public record	36462
for the purposes of section 149.43 of the Revised Code and shall	36463
not be made available to any person other than the following:	36464

(1) The individual who is the subject of the criminal records	36465
check or the individual's representative;	36466

(2) The home health agency requesting the criminal records	36467
check or its representative;	36468

(3) The administrator of any other facility, agency, or	36469
program that provides direct care to older adults that is owned or	36470
operated by the same entity that owns or operates the home health	36471
agency;	36472

(4) Any court, hearing officer, or other necessary individual	36473
involved in a case dealing with a denial of employment of the	36474
applicant or dealing with employment or unemployment benefits of	36475
the applicant;	36476

(5) Any person to whom the report is provided pursuant to,	36477
and in accordance with, division (I)(1), (2), (3), or (4) of this	36478
section.	36479

(F) The department of health shall adopt rules in accordance	36480
with Chapter 119. of the Revised Code to implement this section.	36481
The rules shall specify circumstances under which the home health	36482
agency may employ a person who has been convicted of or pleaded	36483
guilty to an offense listed or described in division (C)(1) of	36484
this section but who meets standards in regard to rehabilitation	36485
set by the department or employ a person who has been convicted of	36486
or pleaded guilty to an offense listed or described in division	36487
(C)(2) of this section but meets personal character standards set	36488
by the department.	36489

(G) Any person required by division (B)(1) of this section to	36490
request a criminal records check shall inform each person, at the	36491
time of initial application for employment that the person is	36492
required to provide a set of fingerprint impressions and that a	36493
criminal records check is required to be conducted and	36494
satisfactorily completed in accordance with section 109.572 of the	36495
Revised Code if the person comes under final consideration for	36496
appointment or employment as a precondition to employment for that	36497
position.	36498

(H) In a tort or other civil action for damages that is	36499
brought as the result of an injury, death, or loss to person or	36500
property caused by an individual who a home health agency employs	36501
in a position that involves providing direct care to older adults,	36502
all of the following shall apply:	36503

(1) If the agency employed the individual in good faith and	36504
reasonable reliance on the report of a criminal records check	36505
requested under this section, the agency shall not be found	36506
negligent solely because of its reliance on the report, even if	36507
the information in the report is determined later to have been	36508
incomplete or inaccurate;	36509

(2) If the agency employed the individual in good faith on a	36510
conditional basis pursuant to division (C)(3)(b) of this section,	36511
the agency shall not be found negligent solely because it employed	36512
the individual prior to receiving the report of a criminal records	36513
check requested under this section;	36514

(3) If the agency in good faith employed the individual	36515
according to the personal character standards established in rules	36516
adopted under division (F) of this section, the agency shall not	36517
be found negligent solely because the individual prior to being	36518
employed had been convicted of or pleaded guilty to an offense	36519
listed or described in division (C)(1) or (2) of this section.	36520

(I)(1) The chief administrator of a home health agency is not	36521
required to request that the superintendent of the bureau of	36522
criminal identification and investigation conduct a criminal	36523
records check of an applicant for a position that involves the	36524
provision of direct care to older adults if the applicant has been	36525
referred to the agency by an employment service that supplies	36526
full-time, part-time, or temporary staff for positions involving	36527
the direct care of older adults and both of the following apply:	36528

(a) The chief administrator receives from the employment	36529
service or the applicant a report of the results of a criminal	36530
records check regarding the applicant that has been conducted by	36531
the superintendent within the one-year period immediately	36532
preceding the applicant's referral;	36533

(b) The report of the criminal records check demonstrates	36534
that the person has not been convicted of or pleaded guilty to an	36535
offense listed or described in division (C)(2) of this section, or	36536
the report demonstrates that the person has been convicted of or	36537
pleaded guilty to one or more of those offenses, but the home	36538
health agency chooses to employ the individual pursuant to	36539
division (F) of this section.	36540

(2) The chief administrator of a home health agency is not	36541
required to request that the superintendent of the bureau of	36542
criminal identification and investigation conduct a criminal	36543
records check of an applicant for a position that involves	36544
providing direct care to older adults and may employ the applicant	36545
conditionally in a position of that nature as described in this	36546
division, if the applicant has been referred to the agency by an	36547
employment service that supplies full-time, part-time, or	36548
temporary staff for positions involving the direct care of older	36549
adults and if the chief administrator receives from the employment	36550
service or the applicant a letter from the employment service that	36551
is on the letterhead of the employment service, dated, and signed	36552
by a supervisor or another designated official of the employment	36553
service and that states that the employment service has requested	36554
the superintendent to conduct a criminal records check regarding	36555
the applicant, that the requested criminal records check will	36556
include a determination of whether the applicant has been	36557
convicted of or pleaded guilty to any offense listed or described	36558
in division (C)(2) of this section, that, as of the date set forth	36559
on the letter, the employment service had not received the results	36560
of the criminal records check, and that, when the employment	36561
service receives the results of the criminal records check, it	36562
promptly will send a copy of the results to the home health	36563
agency. If a home health agency employs an applicant conditionally	36564
in accordance with this division, the employment service, upon its	36565
receipt of the results of the criminal records check, promptly	36566
shall send a copy of the results to the home health agency, and	36567
division (C)(3)(b) of this section applies regarding the	36568
conditional employment.	36569

(3) The chief administrator of a home health agency is not	36570
required to request that the superintendent of the bureau of	36571
criminal identification and investigation conduct a criminal	36572
records check of an applicant for a position that involves both	36573
responsibility for the care, custody, and control of a child and	36574
the provision of direct care to older adults if the applicant has	36575
been referred to the agency by an employment service that supplies	36576
full-time, part-time, or temporary staff for positions involving	36577
both responsibility for the care, custody, and control of a child	36578
and the provision of direct care to older adults and both of the	36579
following apply:	36580

(a) The chief administrator receives from the employment	36581
service or applicant a report of a criminal records check of the	36582
type described in division (I)(1)(a) of this section;	36583

(b) The report of the criminal records check demonstrates	36584
that the person has not been convicted of or pleaded guilty to an	36585
offense listed or described in division (C)(1) or (2) of this	36586
section, or the report demonstrates that the person has been	36587
convicted of or pleaded guilty to one or more of those offenses,	36588
but the home health agency chooses to employ the individual	36589
pursuant to division (F) of this section.	36590

(4) The chief administrator of a home health agency is not	36591
required to request that the superintendent of the bureau of	36592
criminal identification and investigation conduct a criminal	36593
records check of an applicant for a position that involves both	36594
responsibility for the care, custody, and control of a child and	36595
the provision of direct care to older adults and may employ the	36596
applicant conditionally in a position of that nature as described	36597
in this division, if the applicant has been referred to the agency	36598
by an employment service that supplies full-time, part-time, or	36599
temporary staff for positions involving both responsibility for	36600
the care, custody, and control of a child and the direct care of	36601
older adults and if the chief administrator receives from the	36602
employment service or the applicant a letter from the employment	36603
service that is on the letterhead of the employment service,	36604
dated, and signed by a supervisor or another designated official	36605
of the employment service and that states that the employment	36606
service has requested the superintendent to conduct a criminal	36607
records check regarding the applicant, that the requested criminal	36608
records check will include a determination of whether the	36609
applicant has been convicted of or pleaded guilty to any offense	36610
listed or described in division (C)(1) or (2) of this section,	36611
that, as of the date set forth on the letter, the employment	36612
service had not received the results of the criminal records	36613
check, and that, when the employment service receives the results	36614
of the criminal records check, it promptly will send a copy of the	36615
results to the home health agency. If a home health agency employs	36616
an applicant conditionally in accordance with this division, the	36617
employment service, upon its receipt of the results of the	36618
criminal records check, promptly shall send a copy of the results	36619
to the home health agency, and division (C)(3)(b) of this section	36620
applies regarding the conditional employment.	36621

Sec. 3701.99. (A) Whoever violates section 3701.25 of the	36622
Revised Code is guilty of a minor misdemeanor on a first offense;	36623
on each subsequent offense, the person is guilty of a misdemeanor	36624
of the second degree.	36625

(B) Whoever violates division (I) of section 3701.262,	36626
division (D) of section 3701.263, or section 3701.352 or sections	36627
3701.46 to 3701.55 of the Revised Code is guilty of a minor	36628
misdemeanor on a first offense; on each subsequent offense, the	36629
person is guilty of a misdemeanor of the fourth degree.	36630

(C) Whoever violates section 3701.82 of the Revised Code is	36631
guilty of a misdemeanor of the first degree.	36632

(D) Whoever violates section 3701.81 of the Revised Code is	36633
guilty of a misdemeanor of the second degree.	36634

~~(E) Whoever violates division (G) of section 3701.88 of the~~	36635
~~Revised Code shall be fined not more than one hundred dollars.~~	36636
~~Each day the violation continues is a separate offense.~~	36637

Sec. 3702.31. (A) The quality monitoring and inspection fund	36638
is hereby created in the state treasury. The director of health	36639
shall use the fund to administer and enforce this section and	36640
sections 3702.11 to 3702.20, 3702.30, and 3702.32 of the Revised	36641
Code and rules adopted pursuant to those sections. The director	36642
shall deposit in the fund any moneys collected pursuant to this	36643
section or section 3702.32 of the Revised Code. All investment	36644
earnings of the fund shall be credited to the fund.	36645

(B) The director of health shall adopt rules pursuant to	36646
Chapter 119. of the Revised Code establishing fees for both of the	36647
following:	36648

(1) Initial and renewal license applications submitted under	36649
section 3702.30 of the Revised Code. The fees established under	36650
division (B)(1) of this section shall not exceed the actual and	36651
necessary costs of performing the activities described in division	36652
(A) of this section.	36653

(2) Inspections conducted under section 3702.15 or 3702.30 of	36654
the Revised Code. The fees established under division (B)(2) of	36655
this section shall not exceed the actual and necessary costs	36656
incurred during an inspection, including any indirect costs	36657
incurred by the department for staff, salary, or other	36658
administrative costs. The director of health shall provide to each	36659
health care facility or provider inspected pursuant to section	36660
3702.15 or 3702.30 of the Revised Code a written statement of the	36661
fee. The statement shall itemize and total the costs incurred.	36662
Within fifteen days after receiving a statement from the director,	36663
the facility or provider shall forward the total amount of the fee	36664
to the director.	36665

(3) The fees described in divisions (B)(1) and (2) of this	36666
section shall meet both of the following requirements:	36667

(a) For each service described in section 3702.11 of the	36668
Revised Code, the fee shall not exceed one thousand ~~two~~seven	36669
hundred fifty dollars annually, except that the total fees charged	36670
to a health care provider under this section shall not exceed five	36671
thousand dollars annually.	36672

(b) The fee shall exclude any costs reimbursable by the	36673
United States health care financing administration as part of the	36674
certification process for the medicare program established under	36675
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42	36676
U.S.C.A. 301, as amended, and the medicaid program established	36677
under Title XIX of that act.	36678

(4) The director shall not establish a fee for any service	36679
for which a licensure or inspection fee is paid by the health care	36680
provider to a state agency for the same or similar licensure or	36681
inspection.	36682

Sec. 3702.529. (A) A person granted a nonreviewability	36683
ruling prior to April 20, 1995, may implement the activity for	36684
which the ruling was issued in accordance with the information	36685
provided to the director of health in the request for the ruling,	36686
notwithstanding the amendments to sections 3702.51 to 3702.62 of	36687
the Revised Code by Amended Substitute Senate Bill No. 50 and	36688
Amended Substitute Senate Bill No. 156, both of the 121st general	36689
assembly. A person granted a certificate of need or	36690
nonreviewability ruling prior to that date is not required to file	36691
a notice of intent under section 3702.581 of the Revised Code, as	36692
that section existed prior to the effective date of this	36693
amendment, with respect to the activity for which the certificate	36694
or ruling was issued.	36695

(B) A certificate of need is not required for any person to	36696
add a cardiac catheterization laboratory to an existing cardiac	36697
catheterization service, as described in division (R)(11) of	36698
section 3702.51 of the Revised Code, if the person, prior to ~~the~~	36699
~~effective date of this section~~June30, 1995, filed a notice of	36700
intent under section 3702.581 of the Revised Code, as that section	36701
existed prior to the effective date of this amendment, to do so.	36702
However, the exemption provided by this division expires six	36703
months after ~~the effective date of this section~~June30, 1995,	36704
unless the person has taken action to implement the addition by	36705
taking the applicable action listed in divisions (A)(1) to (6) of	36706
section 3702.525 of the Revised Code and provides the director	36707
with written documentation that action has been taken.	36708

(C) The director shall issue a reviewability ruling, in	36709
accordance with the version of section 3702.528 of the Revised	36710
Code in effect immediately prior to ~~the effective date of this~~	36711
~~section~~June30, 1995, to any hospital that requested one prior to	36712
that date concerning a relocation of any of the following to	36713
another hospital in the same or a different metropolitan	36714
statistical area:	36715

(1) Obstetric or newborn care beds registered under section	36716
3701.07 of the Revised Code as level II or III beds;	36717

(2) Pediatric intensive care beds;

36718

(3) A health service specified in division (R)(1) of section	36719
3702.51 of the Revised Code.	36720

A certificate of need is not required to conduct such a	36721
relocation for which the director has issued a nonreviewability	36722
ruling. However, the exemption provided by this division expires	36723
six months after ~~the effective date of this section~~June30, 1995,	36724
unless the hospital has taken action to implement the relocation	36725
by taking the applicable action listed in divisions (A)(1) to (6)	36726
of section 3702.525 of the Revised Code and provides the director	36727
with written documentation that action has been taken.	36728

The director shall not issue a reviewability ruling requested	36729
under the previous version of section 3702.528 of the Revised Code	36730
concerning a relocation of long-term care beds.	36731

(D) A certificate of need is not required to relocate	36732
existing health services from one hospital to another, as	36733
described in division (T) of the version of section 3702.51 of the	36734
Revised Code in effect immediately prior to ~~the effective date of~~	36735
~~this section~~June30, 1995, if the hospitals filed the notice of	36736
intent required by division (T)(2) of that version prior to ~~the~~	36737
~~effective date of this amendment~~June30, 1995, and comply with	36738
divisions (T)(1) and (T)(3) to (6) of that version.	36739

Sec. 3702.53. (A) No person shall carry out any reviewable	36740
activity unless a certificate of need for such activity has been	36741
granted under sections 3702.51 to 3702.62 of the Revised Code or	36742
the person is exempted by division (T) of section 3702.51 or	36743
section 3702.527, 3702.528, 3702.529, 3702.5210, or 3702.62 of the	36744
Revised Code from the requirement that a certificate of need be	36745
obtained. No person shall carry out any reviewable activity if a	36746
certificate of need authorizing that activity has been withdrawn	36747
by the director of health under section 3702.52 or 3702.526 of the	36748
Revised Code. No person shall carry out a reviewable activity if	36749
the certificate of need authorizing that activity is void pursuant	36750
to section 3702.524 of the Revised Code or has expired pursuant to	36751
section 3702.525 of the Revised Code.	36752

(B) No person shall separate portions of any proposal for any	36753
reviewable activity to evade the requirements of sections 3702.51	36754
to 3702.62 of the Revised Code.	36755

(C) No person granted a certificate of need shall carry out	36756
the reviewable activity authorized by the certificate of need	36757
other than in substantial accordance with the approved application	36758
for the certificate of need.	36759

~~(D) No person shall fail to file a notice required by section~~	36760
~~3702.581 of the Revised Code.~~	36761

Sec. 3702.532. When the director of health determines that a	36762
person has violated section 3702.53 of the Revised Code, the	36763
director shall send a notice to the person by certified mail,	36764
return receipt requested, specifying the activity constituting the	36765
violation and the penalties imposed under section 3702.54,	36766
3702.541, or 3702.542~~, or 3702.543~~ of the Revised Code.	36767

Sec. 3702.54. Except as provided in sections 3702.541,and	36768
3702.542, and former section 3702.543 of the Revised Code,	36769
divisions (A) and (B) of this section apply when the director of	36770
health determines that a person has violated section 3702.53 of	36771
the Revised Code.	36772

(A) The director shall impose a civil penalty on the person	36773
in an amount equal to the greatest of the following:	36774

(1) Three thousand dollars;

36775

(2) Five per cent of the operating cost of the activity that	36776
constitutes the violation during the period of time it was	36777
conducted in violation of section 3702.53 of the Revised Code;	36778

(3) Two per cent of the total capital cost associated with	36779
implementation of the activity.	36780

In no event, however, shall the penalty exceed two hundred	36781
fifty thousand dollars.	36782

(B)(1) Notwithstanding section 3702.52 of the Revised Code,	36783
the director shall refuse to accept for review any application for	36784
a certificate of need filed by or on behalf of the person, or any	36785
successor to the person or entity related to the person, for a	36786
period of not less than one year and not more than three years	36787
after hethe director mails the notice of ~~his~~the director's	36788
determination under section 3702.532 of the Revised Code or, if	36789
~~his~~the determination is appealed under section 3702.60 of the	36790
Revised Code, the issuance of the order upholding ~~his~~the	36791
determination that is not subject to further appeal. In	36792
determining the length of time during which ~~he will not accept~~	36793
applications will not be accepted, the director may consider any	36794
of the following:	36795

(a) The nature and magnitude of the violation;

36796

(b) The ability of the person to have averted the violation;

36797

(c) Whether the person disclosed the violation to the	36798
director before the director commenced his investigation;	36799

(d) The person's history of compliance with sections 3702.51	36800
to 3702.62 and the rules adopted under section 3702.57 of the	36801
Revised Code;	36802

(e) Any community hardship that may result from refusing to	36803
accept future applications from the person.	36804

(2) Notwithstanding the one-year minimum imposed by division	36805
(B)(1) of this section, the director may establish a period of	36806
less than one year during which hethe director will refuse to	36807
accept certificate of need applications if, after reviewing all	36808
information available to ~~him~~the director, hethe director	36809
determines and expressly indicates in the notice mailed under	36810
section 3702.532 of the Revised Code that refusing to accept	36811
applications for a longer period would result in hardship to the	36812
community in which the person provides health services. The	36813
director's finding of community hardship shall not affect the	36814
granting or denial of any future certificate of need application	36815
filed by the person.	36816

Sec. 3702.544. Each person required by section 3702.54,	36817
3702.541, or 3702.542, or former section 3702.543 of the Revised	36818
Code to pay a civil penalty shall do so not later than sixty days	36819
after receiving the notice mailed under section 3702.532 of the	36820
Revised Code or, if the person appeals under section 3702.60 of	36821
the Revised Code the director of health's determination that a	36822
violation has occurred, not later than sixty days after the	36823
issuance of an order upholding ~~his~~the director's determination	36824
that is not subject to further appeal. The civil penalties shall	36825
be paid to the director. The director shall deposit them into the	36826
certificate of need fund created by section 3702.52 of the Revised	36827
Code.	36828

Sec. 3702.55. Except as provided in section 3702.542 of the	36829
Revised Code, a person that the director of health determines has	36830
violated section 3702.53 of the Revised Code shall cease	36831
conducting the activity that constitutes the violation or	36832
utilizing the equipment or facility resulting from the violation	36833
not later than thirty days after the person receives the notice	36834
mailed under section 3702.532 of the Revised Code or, if the	36835
person appeals the director's determination under section 3702.60	36836
of the Revised Code, thirty days after the person receives an	36837
order upholding the director's determination that is not subject	36838
to further appeal. A person that applies for a certificate of need	36839
as described in section 3702.542 of the Revised Code shall cease	36840
conducting the activity or using the equipment or facility in	36841
accordance with the timetable established by the director of	36842
health under that section.	36843

If any person determined to have violated section 3702.53 of	36844
the Revised Code fails to cease conducting an activity or using	36845
equipment or a facility as required by this section or a timetable	36846
established under section 3702.542 of the Revised Code, or if the	36847
person continues to seek payment or reimbursement for services	36848
rendered or costs incurred in conducting the activity as	36849
prohibited by section 3702.56 of the Revised Code, in addition to	36850
the penalties imposed under section 3702.54, 3702.541, or	36851
3702.542, or former section 3702.543 of the Revised Code:	36852

(A) The director of health may refuse to include any beds	36853
involved in the activity in the bed capacity of a hospital for	36854
purposes of registration under section 3701.07 of the Revised	36855
Code;	36856

(B) The director of health may refuse to license, or may	36857
revoke a license or reduce bed capacity previously granted to, a	36858
maternity boardinghouse or lying-in hospital under section 3711.02	36859
of the Revised Code; a hospice care program under section 3712.04	36860
of the Revised Code; a nursing home, rest home, or home for the	36861
aging under section 3721.02 of the Revised Code; or any beds	36862
within any of those facilities that are involved in the activity;	36863

(C) A political subdivision certified under section 3721.09	36864
of the Revised Code may refuse to license, or may revoke a license	36865
or reduce bed capacity previously granted to, a nursing home, rest	36866
home, or home for the aging, or any beds within any of those	36867
facilities that are involved in the activity;	36868

(D) The director of mental health may refuse to license under	36869
section 5119.20 of the Revised Code, or may revoke a license or	36870
reduce bed capacity previously granted to, a hospital receiving	36871
mentally ill persons or beds within such a hospital that are	36872
involved in the activity;	36873

(E) The department of job and family services may refuse to	36874
enter into a provider agreement that includes a facility, beds, or	36875
services that result from the activity.	36876

Sec. 3702.60. (A) Any affected person may appeal a	36877
reviewability ruling issued on or after April 20, 1995, to the	36878
director of health in accordance with Chapter 119. of the Revised	36879
Code, and the director shall provide an adjudication hearing in	36880
accordance with that chapter. An affected person may appeal the	36881
director's ruling in the adjudication hearing to the tenth	36882
district court of appeals.	36883

(B) The certificate of need applicant or another affected	36884
person may appeal to the director in accordance with Chapter 119.	36885
of the Revised Code a decision issued by the director on or after	36886
April 20, 1995, to grant or deny a certificate of need application	36887
for which an adjudication hearing was not conducted under section	36888
3702.52 of the Revised Code, and the director shall provide an	36889
adjudication hearing in accordance with that chapter. The	36890
certificate of need applicant or an affected person that was a	36891
party to and participated in an adjudication hearing conducted	36892
under this division or section 3702.52 of the Revised Code may	36893
appeal to the tenth district court of appeals the decision issued	36894
by the director following the adjudication hearing. No person may	36895
appeal to the director or a court the director's granting of a	36896
certificate of need prior to ~~the effective date of this amendment~~	36897
June30, 1995, under the version of section 3702.52 of the Revised	36898
Code in effect immediately prior to that date due to failure to	36899
submit timely written objections, no person may appeal to the	36900
director or a court the director's granting of a certificate of	36901
need under division (C)(1) or (2) of section 3702.52 of the	36902
Revised Code.	36903

(C) The certificate of need holder may appeal to the director	36904
in accordance with Chapter 119. of the Revised Code a decision	36905
issued by the director under section 3702.52 or 3702.526 of the	36906
Revised Code on or after April 20, 1995, to withdraw a certificate	36907
of need, and the director shall provide an adjudication hearing in	36908
accordance with that chapter. The person may appeal the director's	36909
ruling in the adjudication hearing to the tenth district court of	36910
appeals.	36911

(D) Any person determined by the director to have violated	36912
section 3702.53 of the Revised Code may appeal that determination,	36913
or the penalties imposed under section 3702.54, 3702.541, or	36914
3702.542, or former section 3702.543 of the Revised Code, to the	36915
director in accordance with Chapter 119. of the Revised Code, and	36916
the director shall provide an adjudication hearing in accordance	36917
with that chapter. The person may appeal the director's ruling in	36918
the adjudication hearing to the tenth district court of appeals.	36919

(E) Each person appealing under this section to the director	36920
shall file with the director, not later than thirty days after the	36921
decision, ruling, or determination of the director was mailed, a	36922
notice of appeal designating the decision, ruling, or	36923
determination appealed from.	36924

(F) Each person appealing under this section to the tenth	36925
district court of appeals shall file with the court, not later	36926
than thirty days after the date the director's adjudication order	36927
was mailed, a notice of appeal designating the order appealed	36928
from. The appellant also shall file notice with the director not	36929
later than thirty days after the date the order was mailed.	36930

(1) Not later than thirty days after receipt of the notice of	36931
appeal, the director shall prepare and certify to the court the	36932
complete record of the proceedings out of which the appeal arises.	36933
The expense of preparing and transcribing the record shall be	36934
taxed as part of the costs of the appeal. In the event that the	36935
record or a part thereof is not certified within the time	36936
prescribed by this division, the appellant may apply to the court	36937
for an order that the record be certified.	36938

(2) In hearing the appeal, the court shall consider only the	36939
evidence contained in the record certified to it by the director.	36940
The court may remand the matter to the director for the admission	36941
of additional evidence on a finding that the additional evidence	36942
is material, newly discovered, and could not with reasonable	36943
diligence have been ascertained before the hearing before the	36944
director. Except as otherwise provided by statute, the court shall	36945
give the hearing on the appeal preference over all other civil	36946
matters, irrespective of the position of the proceedings on the	36947
calendar of the court.	36948

(3) The court shall affirm the director's order if it finds,	36949
upon consideration of the entire record and any additional	36950
evidence admitted under division (F)(2) of this section, that the	36951
order is supported by reliable, probative, and substantial	36952
evidence and is in accordance with law. In the absence of such a	36953
finding, it shall reverse, vacate, or modify the order.	36954

(4) If the court determines that the director committed	36955
material procedural error, the court shall remand the matter to	36956
the director for further consideration or action.	36957

(G) The court may award reasonable attorney's fees against	36958
the appellant if it determines that the appeal was frivolous.	36959
Sections 119.092, 119.093, and 2335.39 of the Revised Code do not	36960
apply to adjudication hearings under this section or section	36961
3702.52 of the Revised Code and judicial appeals under this	36962
section.	36963

(H) No person may intervene in an appeal brought under this	36964
section.	36965

Sec. 3702.61. In addition to the sanctions imposed under	36966
sections 3702.54, 3702.541, 3702.542, ~~3702.543,~~ and 3702.55 and	36967
former section 3702.543 of the Revised Code, if any person	36968
violates section 3702.53 of the Revised Code, the attorney general	36969
may commence necessary legal proceedings in the court of common	36970
pleas of Franklin county to enjoin the person from such violation	36971
until the requirements of sections 3702.51 to 3702.62 of the	36972
Revised Code have been satisfied. At the request of the director	36973
of health, the attorney general shall commence any necessary	36974
proceedings. The court has jurisdiction to grant and, on a showing	36975
of a violation, shall grant appropriate injunctive relief.	36976

Sec. 3702.63. As specified in former Section 11 of Am. Sub.	36977
S.B. 50 of the 121st general assembly, as amended by Am. Sub. H.B.	36978
405 of the 124th general assembly, all of the following apply:	36979

(A) The removal of former divisions (E) and (F) of section	36980
3702.52 of the Revised Code by Sections 1 and 2 of Am. Sub. S.B.	36981
50 of the 121st general assembly does not release the holders of	36982
certificates of need issued under those divisions from complying	36983
with any conditions on which the granting of the certificates of	36984
need was based, including the requirement of former division	36985
(E)(6) of that section that the holders not enter into provider	36986
agreements under Chapter 5111. of the Revised Code and Title XIX	36987
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301,	36988
as amended, for at least ten years following initial licensure of	36989
the long-term care facilities for which the certificates were	36990
granted.	36991

(B) The repeal of section 3702.55 of the Revised Code by	36992
Section 2 of Am. Sub. S.B. 50 of the 121st general assembly does	36993
not release the holders of certificates of need issued under that	36994
section from complying with any conditions on which the granting	36995
of the certificates of need was based, other than the requirement	36996
of division (A)(6) of that section that the holders not seek	36997
certification under Title XVIII of the "Social Security Act" for	36998
beds recategorized under the certificates. That repeal also does	36999
not eliminate the requirement that the director of health revoke	37000
the licensure of the beds under Chapter 3721. of the Revised Code	37001
if a person to which their ownership is transferred fails, as	37002
required by division (A)(6) of the repealed section, to file	37003
within ten days after the transfer a sworn statement not to seek	37004
certification under Title XIX of the "Social Security Act" for	37005
beds recategorized under the certificates of need.	37006

(C) The repeal of section 3702.56 of the Revised Code by	37007
Section 2 of Am. Sub. S.B. 50 of the 121st general assembly does	37008
not release the holders of certificates of need issued under that	37009
section from complying with any conditions on which the granting	37010
of the certificates of need was based.	37011

Sec. 3702.68. (A) Notwithstanding sections 3702.51 to	37012
3702.62 of the Revised Code, this section applies to the review of	37013
certificate of need applications during the period beginning July	37014
1, 1993, and ending June 30, ~~2003~~2005.	37015

(B)(1) Except as provided in division (B)(2) of this section,	37016
the director of health shall neither grant nor deny any	37017
application for a certificate of need submitted prior to July 1,	37018
1993, if the application was for any of the following and the	37019
director had not issued a written decision concerning the	37020
application prior to that date:	37021

(a) Approval of beds in a new health care facility or an	37022
increase of beds in an existing health care facility, if the beds	37023
are proposed to be licensed as nursing home beds under Chapter	37024
3721. of the Revised Code;	37025

(b) Approval of beds in a new county home or new county	37026
nursing home as defined in section 5155.31 of the Revised Code, or	37027
an increase of beds in an existing county home or existing county	37028
nursing home, if the beds are proposed to be certified as skilled	37029
nursing facility beds under Title XVIII or nursing facility beds	37030
under Title XIX of the "Social Security Act," 49 Stat. 620 (1935),	37031
42 U.S.C.A. 301, as amended;	37032

(c) Recategorization of hospital beds as described in section	37033
3702.522 of the Revised Code, an increase of hospital beds	37034
registered pursuant to section 3701.07 of the Revised Code as	37035
long-term care beds or skilled nursing facility beds, or a	37036
recategorization of hospital beds that would result in an increase	37037
of beds registered pursuant to that section as long-term care beds	37038
or skilled nursing facility beds.	37039

On July 1, 1993, the director shall return each such	37040
application to the applicant and, notwithstanding section 3702.52	37041
of the Revised Code regarding the uses of the certificate of need	37042
fund, shall refund to the applicant the application fee paid under	37043
that section. Applications returned under division (B)(1) of this	37044
section may be resubmitted in accordance with section 3702.52 of	37045
the Revised Code no sooner than July 1, ~~2003~~2005.	37046

(2) The director shall continue to review and shall issue a	37047
decision regarding any application submitted prior to July 1,	37048
1993, to increase beds for either of the purposes described in	37049
division (B)(1)(a) or (b) of this section if the proposed increase	37050
in beds is attributable solely to a replacement or relocation of	37051
existing beds within the same county. The director shall authorize	37052
under such an application no additional beds beyond those being	37053
replaced or relocated.	37054

(C)(1) Except as provided in division (C)(2) of this section,	37055
the director, during the period beginning July 1, 1993, and ending	37056
June 30, ~~2003~~2005, shall not accept for review under section	37057
3702.52 of the Revised Code any application for a certificate of	37058
need for any of the purposes described in divisions (B)(1)(a) to	37059
(c) of this section.	37060

(2) The director shall accept for review any application for	37061
either of the purposes described in division (B)(1)(a) or (b) of	37062
this section if the proposed increase in beds is attributable	37063
solely to a replacement or relocation of existing beds within the	37064
same county. The director shall authorize under such an	37065
application no additional beds beyond those being replaced or	37066
relocated. The director also shall accept for review any	37067
application that seeks certificate of need approval for existing	37068
beds located in an infirmary that is operated exclusively by a	37069
religious order, provides care exclusively to members of religious	37070
orders who take vows of celibacy and live by virtue of their vows	37071
within the orders as if related, and was providing care	37072
exclusively to members of such a religious order on January 1,	37073
1994.	37074

(D) The director shall issue a decision regarding any case	37075
remanded by a court as the result of a decision issued by the	37076
director prior to July 1, 1993, to grant, deny, or withdraw a	37077
certificate of need for any of the purposes described in divisions	37078
(B)(1)(a) to (c) of this section.	37079

(E) The director shall not project the need for beds listed	37080
in division (B)(1) of this section for the period beginning July	37081
1, 1993, and ending June 30, ~~2003~~2005.	37082

This section is an interim section effective until July 1,	37083
~~2003~~2005.	37084

Sec. 3702.74. (A) A primary care physician who has signed a	37085
letter of intent under section 3702.73 of the Revised Code, the	37086
director of health, and the Ohio board of regents may enter into a	37087
contract for the physician's participation in the physician loan	37088
repayment program. A lending institution may also be a party to	37089
the contract.	37090

(B) The contract shall include all of the following	37091
obligations:	37092

(1) The primary care physician agrees to provide primary care	37093
services in the health resource shortage area identified in the	37094
letter of intent for at least two years or one year per twenty	37095
thousand dollars of repayment agreed to under division (B)(3) of	37096
this section, whichever is greater;	37097

(2) When providing primary care services in the health	37098
resource shortage area, the primary care physician agrees to do	37099
all of the following:	37100

(a) Provide primary care services for a minimum of forty	37101
hours per week;	37102

(b) Provide primary care services without regard to a	37103
patient's ability to pay;	37104

(c) Meet the conditions prescribed by the "Social Security	37105
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and the	37106
department of job and family services for participation in the	37107
medical assistance program established under Chapter 5111. of the	37108
Revised Code and enter into a contract with the department to	37109
provide primary care services to recipients of the medical	37110
assistance program;	37111

(d) Meet the conditions established by the department of job	37112
and family services for participation in the disability ~~assistance~~	37113
medical assistance program established under Chapter 5115. of the	37114
Revised Code and enter into a contract with the department to	37115
provide primary care services to recipients of disability medical	37116
assistance.	37117

(3) The Ohio board of regents agrees, as provided in section	37118
3702.75 of the Revised Code, to repay, so long as the primary care	37119
physician performs the service obligation agreed to under division	37120
(B)(1) of this section, all or part of the principal and interest	37121
of a government or other educational loan taken by the primary	37122
care physician for expenses described in section 3702.75 of the	37123
Revised Code;	37124

(4) The primary care physician agrees to pay the board the	37125
following as damages if the physician fails to complete the	37126
service obligation agreed to under division (B)(1) of this	37127
section:	37128

(a) If the failure occurs during the first two years of the	37129
service obligation, three times the total amount the board has	37130
agreed to repay under division (B)(3) of this section;	37131

(b) If the failure occurs after the first two years of the	37132
service obligation, three times the amount the board is still	37133
obligated to repay under division (B)(3) of this section.	37134

(C) The contract may include any other terms agreed upon by	37135
the parties, including an assignment to the Ohio board of regents	37136
of the physician's duty to pay the principal and interest of a	37137
government or other educational loan taken by the physician for	37138
expenses described in section 3702.75 of the Revised Code. If the	37139
board assumes the physician's duty to pay a loan, the contract	37140
shall set forth the total amount of principal and interest to be	37141
paid, an amortization schedule, and the amount of each payment to	37142
be made under the schedule.	37143

Sec. 3705.01. As used in this chapter:

37144

(A) "Live birth" means the complete expulsion or extraction	37145
from its mother of a product of human conception that after such	37146
expulsion or extraction breathes or shows any other evidence of	37147
life such as beating of the heart, pulsation of the umbilical	37148
cord, or definite movement of voluntary muscles, whether or not	37149
the umbilical cord has been cut or the placenta is attached.	37150

(B)(1) "Fetal death" means death prior to the complete	37151
expulsion or extraction from its mother of a product of human	37152
conception of at least twenty weeks of gestation, which after such	37153
expulsion or extraction does not breathe or show any other	37154
evidence of life such as beating of the heart, pulsation of the	37155
umbilical cord, or definite movement of voluntary muscles.	37156

(2) "Stillborn" means that an infant suffered a fetal death.

37157

(C) "Dead body" means a human body or part of a human body	37158
from the condition of which it reasonably may be concluded that	37159
death recently occurred.	37160

(D) "Physician" means a person licensed pursuant to Chapter	37161
4731. of the Revised Code to practice medicine or surgery or	37162
osteopathic medicine and surgery.	37163

(E) "Attending physician" means the physician in charge of	37164
the patient's care for the illness or condition that resulted in	37165
death.	37166

(F) "Institution" means any establishment, public or private,	37167
that provides medical, surgical, or diagnostic care or treatment,	37168
or domiciliary care, to two or more unrelated individuals, or to	37169
persons committed by law.	37170

(G) "Funeral director" has the meaning given in section	37171
4717.01 of the Revised Code.	37172

(H) "State registrar" means the head of the office of vital	37173
statistics in the department of health.	37174

(I) "Medical certification" means completion of the medical	37175
certification portion of the certificate of death or fetal death	37176
as to the cause of death or fetal death.	37177

(J) "Final disposition" means the interment, cremation,	37178
removal from the state, donation, or other authorized disposition	37179
of a dead body or a fetal death.	37180

(K) "Interment" means the final disposition of the remains of	37181
a dead body by burial or entombment.	37182

(L) "Cremation" means the reduction to ashes of a dead body.

37183

(M) "Donation" means gift of a dead body to a research	37184
institution or medical school.	37185

(N) "System of vital statistics" means the registration,	37186
collection, preservation, amendment, and certification of vital	37187
records, the collection of other reports required by this chapter,	37188
and activities related thereto.	37189

(O) "Vital records" means certificates or reports of birth,	37190
death, fetal death, marriage, divorce, dissolution of marriage,	37191
annulment, and data related thereto and other documents maintained	37192
as required by statute.	37193

(P) "File" means the presentation of vital records for	37194
registration by the office of vital statistics.	37195

(Q) "Registration" means the acceptance by the office of	37196
vital statistics and the incorporation of vital records into its	37197
official records.	37198

(R) "Birth record" means a birth certificate that has been	37199
registered with the office of vital statistics; or, if registered	37200
prior to the effective date of this section, with the division of	37201
vital statistics; or, if registered prior to the establishment of	37202
the division of vital statistics, with the department of health or	37203
a local registrar.	37204

(S) "Certification of birth" means a document issued by the	37205
director of health or state registrar or a local registrar under	37206
division (B) of section 3705.23 of the Revised Code.	37207

Sec. 3705.23. (A)(1) Except as otherwise provided in this	37208
section, the director of health, the state registrar, or a local	37209
registrar, on receipt of a signed application and the fee	37210
specified in section 3705.24 of the Revised Code, shall issue a	37211
certified copy of a vital record, or of a part of a vital record,	37212
in the director's or registrar's custody to any applicant, unless	37213
the vital record has ceased to be a public record pursuant to	37214
section 3705.09, 3705.11, 3705.12, or 3705.15 of the Revised Code.	37215
The certified copy shall show the date the vital record was	37216
registered by the local registrar.	37217

(2) A certified copy of a vital record may be made by a	37218
mechanical, electronic, or other reproduction process. It shall be	37219
certified as a true copy by the director, state registrar, or	37220
local registrar who has custody of the record and shall include	37221
the date of issuance, the name of the issuing officer, the	37222
signature of the officer or an authorized facsimile of the	37223
signature, and the seal of the issuing office.	37224

(3) A certified copy of a vital record or of any part of a	37225
vital record, issued in accordance with this section, shall be	37226
considered for all purposes the same as the original and shall be	37227
prima-facie evidence of the facts stated in it in all courts and	37228
places.	37229

(4)(a) Information contained in the "information for medical	37230
and health use only" section of a birth record shall not be	37231
included as part of a certified copy of the birth record unless	37232
the information specifically is requested by the individual to	37233
whose birth the record attests, either of the individual's parents	37234
or the individual's guardian, a lineal descendant, or an official	37235
of the federal or state government or of a political subdivision	37236
of the state charged by law with detecting or prosecuting crime.	37237

(b) Except as provided in division (A)(4)(a) of this section,	37238
neither the office of vital statistics nor a local registrar shall	37239
disclose information contained in the "information for medical and	37240
health use only" section of a birth record unless a court, for	37241
good cause shown, orders disclosure of the information or the	37242
state registrar specifically authorizes release of the information	37243
for statistical or research purposes under conditions the state	37244
registrar, subject to the approval of the director of health,	37245
shall establish by rule.	37246

(B)(1) Unless the applicant specifically requests a certified	37247
copy, the director, the state registrar, or a local registrar, on	37248
receipt of a signed application for a birth record and the fee	37249
specified in section 3705.24 of the Revised Code, may issue a	37250
certification of birth, and the certification of birth shall	37251
contain at least the name, sex, date of birth, registration date,	37252
and place of birth of the person to whose birth the record attests	37253
and shall attest that the person's birth has been registered. A	37254
certification of birth shall be prima-facie evidence of the facts	37255
stated in it in all courts and places.	37256

(2) The director or the state registrar, on the receipt of a	37257
signed application for an heirloom certification of birth and the	37258
fee specified in section 3705.24 of the Revised Code, may issue an	37259
heirloom certification of birth. The director shall prescribe by	37260
rule guidelines for the form of an heirloom certification of	37261
birth, and the guidelines shall require the heirloom certification	37262
of birth to contain at least the name, sex, date of birth,	37263
registration date, and place of birth of the person to whose birth	37264
the record attests and to attest that the person's birth has been	37265
registered. An heirloom certification of birth shall be	37266
prima-facie evidence of the facts stated in it in all courts and	37267
places.	37268

(3) The director or the state registrar, on the receipt of an	37269
application signed by either parent, shall issue a certificate	37270
recognizing the delivery of a stillborn infant. The director shall	37271
prescribe guidelines by rule for the form of the certificate. The	37272
guidelines shall require that the certificate contain at least the	37273
name, sex, date of delivery, and place of delivery. The director	37274
or the state registrar shall charge no fee for the certificate. A	37275
certificate recognizing the delivery of a stillborn infant is not	37276
proof of a live birth for purposes of federal, state, and local	37277
taxes.	37278

(C) On evidence that a birth certificate was registered	37279
through misrepresentation or fraud, the state registrar may	37280
withhold the issuance of a certified copy of the birth record or a	37281
certification of birth until a court makes a determination that no	37282
misrepresentation or fraud occurred.	37283

~~(D) Except as provided in division (A)(4)(b) of this section,~~	37284
~~the state registrar and a local registrar, on request, shall~~	37285
~~provide uncertified copies of vital records in accordance with~~	37286
~~section 149.43 of the Revised Code.~~	37287

Sec. 3705.24. (A) ~~Except as otherwise provided in this~~	37288
~~division or division (G) of this section, the fee for a certified~~	37289
~~copy of a vital record or for a certification of birth shall be~~	37290
~~seven dollars plus any fee required by section 3109.14 of the~~	37291
~~Revised Code. Except as provided in section 3705.241 of the~~	37292
~~Revised Code, the fee for a certified copy of a vital record or~~	37293
~~for a certification of birth issued by the office of vital~~	37294
~~statistics shall be an amount prescribed by the public health~~	37295
~~council plus any fee required by section 3109.14 of the Revised~~	37296
~~Code. The fee for a certified copy of a vital record or for a~~	37297
~~certification of birth issued by a health district shall be an~~	37298
~~amount prescribed in accordance with section 3709.09 of the~~	37299
~~Revised Code plus any fee required by section 3109.14 of the~~	37300
~~Revised Code. No certified copy of a vital record or certification~~	37301
~~of birth shall be issued without payment of the fee unless~~	37302
~~otherwise specified by statute.~~	37303

~~For a special search of the files and records to determine a~~	37304
~~date or place contained in a record on file, the office of vital~~	37305
~~statistics shall charge a fee of three dollars for each hour or~~	37306
~~fractional part of an hour required for the search.~~	37307

~~(B)~~(1) The public health council shall, in accordance with	37308
section 111.15 of the Revised Code, adopt rules prescribing fees	37309
for the following services provided by the state office of vital	37310
statistics:	37311

(a) Except as provided in division (A)(4) of this section:

37312

(i) A certified copy of a vital record or a certification of	37313
birth;	37314

(ii) A search by the office of vital statistics of its files	37315
and records pursuant to a request for information, regardless of	37316
whether a copy of a record is provided;	37317

(iii) A copy of a record provided pursuant to a request;

37318

(b) Replacement of a birth certificate following an adoption,	37319
legitimation, paternity determination or acknowledgement, or court	37320
order;	37321

37322

(d) Amendment of a vital record that is requested later than	37323
one year after the filing date of the vital record;	37324

(e) Any other documents or services for which the public	37325
health council considers the charging of a fee appropriate.	37326

(2) Fees prescribed under division (A)(1)(a) of this section	37327
shall not be less than seven dollars.	37328

(3) Fees prescribed under division (A)(1) of this section	37329
shall be collected in addition to any fee required by section	37330
3109.14 of the Revised Code.	37331

(4) Fees prescribed under division (A) of this section shall	37332
not apply to certifications issued under division (H) of this	37333
section or copies provided under section 3705.241 of the Revised	37334
Code.	37335

(B) In addition to the fees prescribed under division (A) of	37336
this section or section 3709.09 of the Revised Code, the office of	37337
vital statistics or the board of health of a city or general	37338
health district shall charge a five-dollar fee for each certified	37339
copy of a vital record and each certification of birth. This fee	37340
shall be deposited in the general operations fund created under	37341
section 3701.83 of the Revised Code and be used solely toward the	37342
modernization and automation of the system of vital records in	37343
this state. A board of health shall forward all fees collected	37344
under this division to the department of health not later than	37345
thirty days after the end of each calendar quarter.	37346

(C) Except as otherwise provided in division ~~(G)~~(H) of this	37347
section, and except as provided in section 3705.241 of the Revised	37348
Code, fees collected by the director of health under sections	37349
3705.01 to 3705.29 of the Revised Code shall be paid into the	37350
state treasury to the credit of the general operations fund	37351
created by section 3701.83 of the Revised Code. ~~Money~~Except as	37352
provided in division (B) of this section, money generated by the	37353
fees shall be used only for administration and enforcement of this	37354
chapter and the rules adopted under it. Amounts submitted to the	37355
department of health for copies of vital records or services in	37356
excess of the fees imposed by this section shall be dealt with as	37357
follows:	37358

(1) An overpayment of two dollars or less shall be retained	37359
by the department and deposited in the state treasury to the	37360
credit of the general operations fund created by section 3701.83	37361
of the Revised Code.	37362

(2) An overpayment in excess of two dollars shall be returned	37363
to the person who made the overpayment.	37364

~~(C)~~(D) If a local registrar is a salaried employee of a city	37365
or a general health district, any fees the local registrar	37366
receives pursuant to section 3705.23 of the Revised Code shall be	37367
paid into the general fund of the city or the health fund of the	37368
general health district.	37369

Each local registrar of vital statistics, or each health	37370
district where the local registrar is a salaried employee of the	37371
district, shall be entitled to a fee for each birth, fetal death,	37372
death, or military service certificate properly and completely	37373
made out and registered with the local registrar or district and	37374
correctly copied and forwarded to the office of vital statistics	37375
in accordance with the population of the primary registration	37376
district at the last federal census. The fee for each birth, fetal	37377
death, death, or military service certificate shall be:	37378

(1) In primary registration districts of over two hundred	37379
fifty thousand, twenty cents;	37380

(2) In primary registration districts of over one hundred	37381
twenty-five thousand and less than two hundred fifty thousand,	37382
sixty cents;	37383

(3) In primary registration districts of over fifty thousand	37384
and less than one hundred twenty-five thousand, eighty cents;	37385

(4) In primary registration districts of less than fifty	37386
thousand, one dollar.	37387

~~(D)~~(E) The director of health shall annually certify to the	37388
county treasurers of the several counties the number of birth,	37389
fetal death, death, and military service certificates registered	37390
from their respective counties with the names of the local	37391
registrars and the amounts due each registrar and health district	37392
at the rates fixed in this section. Such amounts shall be paid by	37393
the treasurer of the county in which the registration districts	37394
are located. No fees shall be charged or collected by registrars	37395
except as provided by this chapter and section 3109.14 of the	37396
Revised Code.	37397

~~(E)~~(F) A probate judge shall be paid a fee of fifteen cents	37398
for each certified abstract of marriage prepared and forwarded by	37399
the probate judge to the department of health pursuant to section	37400
3705.21 of the Revised Code. The fee shall be in addition to the	37401
fee paid for a marriage license and shall be paid by the	37402
applicants for the license.	37403

~~(F)~~(G) The clerk of a court of common pleas shall be paid a	37404
fee of one dollar for each certificate of divorce, dissolution,	37405
and annulment of marriage prepared and forwarded by the clerk to	37406
the department pursuant to section 3705.21 of the Revised Code.	37407
The fee for the certified abstract of divorce, dissolution, or	37408
annulment of marriage shall be added to the court costs allowed in	37409
these cases.	37410

~~(G)~~(H) The fee for an heirloom certification of birth issued	37411
pursuant to division (B)(2) of section 3705.23 of the Revised Code	37412
shall be an amount prescribed by rule by the director of health	37413
plus any fee required by section 3109.14 of the Revised Code. In	37414
setting the amount of the fee, the director shall establish a	37415
surcharge in addition to an amount necessary to offset the expense	37416
of processing heirloom certifications of birth. The fee prescribed	37417
by the director of health pursuant to this division shall be	37418
deposited into the state treasury to the credit of the heirloom	37419
certification of birth fund which is hereby created. Money	37420
credited to the fund shall be used by the office of vital	37421
statistics to offset the expense of processing heirloom	37422
certifications of birth. However, the money collected for the	37423
surcharge, subject to the approval of the controlling board, shall	37424
be used for the purposes specified by the family and children	37425
first council pursuant to section 121.37 of the Revised Code.	37426

Sec. 3709.09. (A) The board of health of a city or general	37427
health district may, by rule, establish a uniform system of fees	37428
to pay the costs of any services provided by the board. ~~Fees~~	37429

The fee for issuance of a certified copy of a vital record or	37430
a certification of birth shall not be less than the fee prescribed	37431
for the same service under division (A)(1) of section 3705.24 of	37432
the Revised Code and shall include the fees required by division	37433
(B) of section 3705.24 and section 3109.14 of the Revised Code.	37434

Fees for services provided by the board for purposes	37435
specified in sections 3701.344, 3711.05, 3730.03, 3733.04,	37436
3733.25, and 3749.04 of the Revised Code shall be established in	37437
accordance with rules adopted under division (B) of this section.	37438
The district advisory council, in the case of a general health	37439
district, and the legislative authority of the city, in the case	37440
of a city health district, may disapprove any fee established by	37441
the board of health under this division, and any such fee, as	37442
disapproved, shall not be charged by the board of health.	37443

(B) The public health council shall adopt rules under section	37444
111.15 of the Revised Code that establish fee categories and	37445
uniform methodologies for use in calculating the costs of services	37446
provided for purposes specified in sections 3701.344, 3711.05,	37447
3730.03, 3733.04, 3733.25, and 3749.04 of the Revised Code. In	37448
adopting the rules, the public health council shall consider	37449
recommendations it receives from advisory boards established	37450
either by statute or the director of health for entities subject	37451
to the fees.	37452

(C) At least thirty days prior to establishing a fee for a	37453
service provided by the board for a purpose specified in section	37454
3701.344, 3711.05, 3730.03, 3733.04, 3733.25, or 3749.04 of the	37455
Revised Code, a board of health shall notify any entity that would	37456
be affected by the proposed fee of the amount of the proposed fee.	37457

Sec. 3710.05. (A) Except as otherwise provided in this	37458
chapter, no person shall engage in any asbestos hazard abatement	37459
activities in this state unless licensed or certified pursuant to	37460
this chapter.	37461

(B) To apply for licensure as an asbestos abatement	37462
contractor or certification as an asbestos hazard abatement	37463
specialist, an asbestos hazard evaluation specialist, an asbestos	37464
hazard abatement project designer, or an asbestos hazard abatement	37465
air-monitoring technician, a person shall do all of the following:	37466

(1) Submit a completed application to the department of	37467
health, on a form provided by the department;	37468

(2) Pay the requisite fee as provided in division (D) of this	37469
section;	37470

(3) Submit any other information the public health council by	37471
rule requires.	37472

(C) The application form for a business entity or public	37473
entity applying for an asbestos hazard abatement contractor's	37474
license shall include all of the following:	37475

(1) A description of the protective clothing and respirators	37476
that the public entity will use to comply with rules adopted by	37477
the public health council and that the business entity will use to	37478
comply with requirements of the United States occupational safety	37479
and health administration;	37480

(2) A description of procedures the business entity or public	37481
entity will use for the selection, utilization, handling, removal,	37482
and disposal of clothing to prevent contamination or	37483
recontamination of the environment and to protect the public	37484
health from the hazards associated with exposure to asbestos;	37485

(3) The name and address of each asbestos disposal site that	37486
the business entity or public entity might use during the year;	37487

(4) A description of the site decontamination procedures that	37488
the business entity or public entity will use;	37489

(5) A description of the asbestos hazard abatement procedures	37490
that the business entity or public entity will use;	37491

(6) A description of the procedures that the business entity	37492
or public entity will use for handling waste containing asbestos;	37493

(7) A description of the air-monitoring procedures that the	37494
business entity or public entity will use to prevent contamination	37495
or recontamination of the environment and to protect the public	37496
health from the hazards of exposure to asbestos;	37497

(8) A description of the final clean-up procedures that the	37498
business entity or public entity will use;	37499

(9) A list of all partners, owners, and officers of the	37500
business entity along with their social security numbers;	37501

(10) The federal tax identification number of the business	37502
entity or the public entity.	37503

(D) The fees to be charged to each public entity and business	37504
entity and their employees and agents for licensure,	37505
certification, approval, and renewal of licenses, certifications,	37506
and approvals granted under this chapter, subject to division	37507
(A)(4) of section 3710.02 of the Revised Code, are:	37508

(1) ~~Five~~Seven hundred fifty dollars for asbestos hazard	37509
abatement contractors;	37510

(2) ~~One~~Two hundred ~~twenty-five~~ dollars for asbestos hazard	37511
abatement project designers;	37512

(3) ~~Twenty-five~~Fifty dollars for asbestos hazard abatement	37513
workers;	37514

(4) ~~One~~Two hundred ~~twenty-five~~ dollars for asbestos hazard	37515
abatement specialists;	37516

(5) ~~One~~Two hundred ~~twenty-five~~ dollars for asbestos hazard	37517
evaluation specialists; and	37518

(6) ~~Seven~~Nine hundred ~~fifty~~ dollars for approval or renewal	37519
of asbestos hazard training providers.	37520

(E) Notwithstanding division (A) of this section, no business	37521
entity which engages in asbestos hazard abatement activities	37522
solely at its own place of business is required to be licensed as	37523
an asbestos hazard abatement contractor provided that the business	37524
entity is required to and does comply with all applicable	37525
standards of the United States environmental protection agency and	37526
the United States occupational safety and health administration	37527
and provided further that all persons employed by the business	37528
entity on the activity meet the requirements of this chapter.	37529

Sec. 3710.07. (A) Prior to engaging in any asbestos hazard	37530
abatement project, an asbestos hazard abatement contractor shall	37531
do all of the following:	37532

(1) Prepare a written respiratory protection program as	37533
defined by the public health council pursuant to rule, and make	37534
the program available to the department of health, and workers at	37535
the job site if the contractor is a public entity or prepare a	37536
written respiratory protection program, consistent with 29 C.F.R.	37537
1910.134 and make the program available to the department, and	37538
workers at the job site if the contractor is a business entity;	37539

(2) Ensure that each worker who will be involved in any	37540
asbestos hazard abatement project has been examined within the	37541
preceding year and has been declared by a physician to be	37542
physically capable of working while wearing a respirator;	37543

(3) Ensure that each of ~~his~~the contractor's employees or	37544
agents who will come in contact with asbestos-containing materials	37545
or will be responsible for an asbestos hazard abatement project	37546
receives the appropriate certification or licensure required by	37547
this chapter and the following training:	37548

(a) An initial course approved by the department pursuant to	37549
section 3710.10 of the Revised Code, completed before engaging in	37550
any asbestos hazard abatement project; and	37551

(b) An annual review course approved by the department	37552
pursuant to section 3710.10 of the Revised Code.	37553

(B) After obtaining or renewing a license, an asbestos hazard	37554
abatement contractor shall notify the department, on a form	37555
approved by the director of health, at least ten days before	37556
beginning each asbestos hazard abatement project conducted during	37557
the term of ~~his~~the contractor's license.	37558

(C) In addition to any other fee imposed under this chapter,	37559
an asbestos hazard abatement contractor shall pay, at the time of	37560
providing notice under division (B) of this section, the	37561
department a fee of ~~twenty-five~~sixty-five dollars for each	37562
asbestos hazard abatement project conducted.	37563

Sec. 3711.021. For the purposes of this chapter, a maternity	37564
hospital or lying-in hospital includes a limited maternity unit,	37565
which is a unit in a hospital that contains no other maternity	37566
unit, in which care is provided during all or part of the	37567
maternity cycle and newborns receive care in a private room	37568
serving all antepartum, labor, delivery, recovery, postpartum, and	37569
nursery needs.	37570

The director of health may charge a maternity hospital or	37571
lying-in hospital seeking an initial or renewal license under this	37572
chapter a fee not exceeding the following:	37573

(A) ~~Three~~Four thousand ~~eight hundred fifty~~forty-two dollars	37574
for a hospital in which not less than two thousand births occurred	37575
the previous calendar year;	37576

(B) Three thousand ~~three~~five hundred ~~fifty~~seventeen dollars	37577
for a hospital in which not more than one thousand nine hundred	37578
ninety-nine and not less than one thousand births occurred the	37579
previous calendar year;	37580

(C) Two thousand ~~eight~~nine hundred ~~fifty~~ninety-two dollars	37581
for a hospital in which not more than nine hundred ninety-nine and	37582
not less than six hundred fifty births occurred the previous	37583
calendar year;	37584

(D) Two thousand ~~three~~four hundred ~~fifty~~sixty-seven dollars	37585
for a hospital in which not more than six hundred forty-nine and	37586
not less than four hundred fifty births occurred the previous	37587
calendar year;	37588

(E) One thousand ~~eight~~nine hundred ~~fifty~~forty-two dollars	37589
for a hospital in which not more than four hundred forty-nine	37590
births and not less than one hundred births occurred the previous	37591
calendar year;	37592

(F) One thousand ~~three~~four hundred ~~fifty~~seventeen dollars	37593
for a hospital in which not more than ninety-nine births occurred	37594
the previous calendar year.	37595

The director shall deposit all fees collected under this	37596
section into the general operations fund created under section	37597
3701.83 of the Revised Code. Money generated by the fees shall be	37598
used only for administration and enforcement of this chapter and	37599
rules adopted under it.	37600

Sec. 3717.42. (A) The following are not food service	37601
operations:	37602

(1) A retail food establishment licensed under this chapter,	37603
including a retail food establishment that provides the services	37604
of a food service operation pursuant to an endorsement issued	37605
under section 3717.24 of the Revised Code;	37606

(2) An entity exempt from the requirement to be licensed as a	37607
retail food establishment under division (B) of section 3717.22 of	37608
the Revised Code;	37609

(3) A business or that portion of a business that is	37610
regulated by the federal government or the department of	37611
agriculture as a food manufacturing or food processing business,	37612
including a business or that portion of a business regulated by	37613
the department of agriculture under Chapter 911., 913., 915.,	37614
917., 918., or 925. of the Revised Code.	37615

(B) All of the following are exempt from the requirement to	37616
be licensed as a food service operation:	37617

(1) A private home in which individuals related by blood,	37618
marriage, or law reside and in which the food that is prepared or	37619
served is intended only for those individuals and their nonpaying	37620
guests;	37621

(2) A private home operated as a bed-and-breakfast that	37622
prepares and offers food to guests, if the home is owner-occupied,	37623
the number of available guest bedrooms does not exceed six,	37624
breakfast is the only meal offered, and the number of guests	37625
served does not exceed sixteen;	37626

(3) A stand operated on the premises of a private home by one	37627
or more children under the age of twelve, if the food served is	37628
not potentially hazardous;	37629

(4) A residential facility that accommodates not more than	37630
sixteen residents; is licensed, certified, registered, or	37631
otherwise regulated by the federal government or by the state or a	37632
political subdivision of the state; and prepares food for or	37633
serves food to only the residents of the facility, the staff of	37634
the facility, and any nonpaying guests of residents or staff;	37635

(5) A church, school, fraternal or veterans' organization,	37636
volunteer fire organization, or volunteer emergency medical	37637
service organization preparing or serving food intended for	37638
individual portion service on its premises for not more than seven	37639
consecutive days or not more than fifty-two separate days during a	37640
licensing period. This exemption extends to any individual or	37641
group raising all of its funds during the time periods specified	37642
in division (B)(5) of this section for the benefit of the church,	37643
school, or organization by preparing or serving food intended for	37644
individual portion service under the same conditions.	37645

(6) A common carrier that prepares or serves food, if the	37646
carrier is regulated by the federal government;	37647

(7) A food service operation serving ~~five~~thirteen or fewer	37648
individuals daily;	37649

(8) A type A or type B family day-care home, as defined in	37650
section 5104.01 of the Revised Code, that prepares or serves food	37651
for the children receiving day-care;	37652

(9) A vending machine location where the only foods dispensed	37653
are foods from one or both of the following categories:	37654

(a) Prepackaged foods that are not potentially hazardous;

37655

(b) Nuts, panned or wrapped bulk chewing gum, or panned or	37656
wrapped bulk candies.	37657

(10) A place servicing the vending machines at a vending	37658
machine location described in division (B)(9) of this section;	37659

(11) A commissary servicing vending machines that dispense	37660
only milk, milk products, or frozen desserts that are under a	37661
state or federal inspection and analysis program;	37662

(12) A "controlled location vending machine location," which	37663
means a vending machine location at which all of the following	37664
apply:	37665

(a) The vending machines dispense only foods that are not	37666
potentially hazardous;	37667

(b) The machines are designed to be filled and maintained in	37668
a sanitary manner by untrained persons;	37669

(c) Minimal protection is necessary to ensure against	37670
contamination of food and equipment.	37671

(13) A private home that prepares and offers food to guests,	37672
if the home is owner-occupied, meals are served on the premises of	37673
that home, the number of meals served does not exceed one hundred	37674
fifteen per week, and the home displays a notice in a place	37675
conspicuous to all of its guests informing them that the home is	37676
not required to be licensed as a food service operation;	37677

(14) An individual who prepares full meals or meal	37678
components, such as pies or baked goods, in the individual's home	37679
to be served off the premises of that home, if the number of meals	37680
or meal components prepared for that purpose does not exceed	37681
twenty in a seven-day period.	37682

Sec. 3721.02. (A) The director of health shall license homes	37683
and establish procedures to be followed in inspecting and	37684
licensing homes. The director may inspect a home at any time. Each	37685
home shall be inspected by the director at least once prior to the	37686
issuance of a license and at least once every fifteen months	37687
thereafter. The state fire marshal or a township, municipal, or	37688
other legally constituted fire department approved by the marshal	37689
shall also inspect a home prior to issuance of a license, at least	37690
once every fifteen months thereafter, and at any other time	37691
requested by the director. A home does not have to be inspected	37692
prior to issuance of a license by the director, state fire	37693
marshal, or a fire department if ownership of the home is assigned	37694
or transferred to a different person and the home was licensed	37695
under this chapter immediately prior to the assignment or	37696
transfer. The director may enter at any time, for the purposes of	37697
investigation, any institution, residence, facility, or other	37698
structure that has been reported to the director or that the	37699
director has reasonable cause to believe is operating as a nursing	37700
home, residential care facility, or home for the aging without a	37701
valid license required by section 3721.05 of the Revised Code or,	37702
in the case of a county home or district home, is operating	37703
despite the revocation of its residential care facility license.	37704
The director may delegate the director's authority and duties	37705
under this chapter to any division, bureau, agency, or official of	37706
the department of health.	37707

(B) A single facility may be licensed both as a nursing home	37708
pursuant to this chapter and as an adult care facility pursuant to	37709
Chapter 3722. of the Revised Code if the director determines that	37710
the part or unit to be licensed as a nursing home can be	37711
maintained separate and discrete from the part or unit to be	37712
licensed as an adult care facility.	37713

(C) In determining the number of residents in a home for the	37714
purpose of licensing, the director shall consider all the	37715
individuals for whom the home provides accommodations as one group	37716
unless one of the following is the case:	37717

(1) The home is a home for the aging, in which case all the	37718
individuals in the part or unit licensed as a nursing home shall	37719
be considered as one group, and all the individuals in the part or	37720
unit licensed as a rest home shall be considered as another group.	37721

(2) The home is both a nursing home and an adult care	37722
facility. In that case, all the individuals in the part or unit	37723
licensed as a nursing home shall be considered as one group, and	37724
all the individuals in the part or unit licensed as an adult care	37725
facility shall be considered as another group.	37726

(3) The home maintains, in addition to a nursing home or	37727
residential care facility, a separate and discrete part or unit	37728
that provides accommodations to individuals who do not require or	37729
receive skilled nursing care and do not receive personal care	37730
services from the home, in which case the individuals in the	37731
separate and discrete part or unit shall not be considered in	37732
determining the number of residents in the home if the separate	37733
and discrete part or unit is in compliance with the Ohio basic	37734
building code established by the board of building standards under	37735
Chapters 3781. and 3791. of the Revised Code and the home permits	37736
the director, on request, to inspect the separate and discrete	37737
part or unit and speak with the individuals residing there, if	37738
they consent, to determine whether the separate and discrete part	37739
or unit meets the requirements of this division.	37740

(D) The director of health shall charge an application fee	37741
and an annual renewal licensing and inspection fee of one hundred	37742
five dollars for each fifty persons or part thereof of a home's	37743
licensed capacity. All fees collected by the director for the	37744
issuance or renewal of licenses shall be deposited into the state	37745
treasury to the credit of the general operations fund created in	37746
section 3701.83 of the Revised Code for use only in administering	37747
and enforcing this chapter and rules adopted under it.	37748

(E)(1) Except as otherwise provided in this section, the	37749
results of an inspection or investigation of a home that is	37750
conducted under this section, including any statement of	37751
deficiencies and all findings and deficiencies cited in the	37752
statement on the basis of the inspection or investigation, shall	37753
be used solely to determine the home's compliance with this	37754
chapter or another chapter of the Revised Code in any action or	37755
proceeding other than an action commenced under division (I) of	37756
section 3721.17 of the Revised Code. Those results of an	37757
inspection or investigation, that statement of deficiencies, and	37758
the findings and deficiencies cited in that statement shall not be	37759
used in any court or in any action or proceeding that is pending	37760
in any court and are not admissible in evidence in any action or	37761
proceeding unless that action or proceeding is an appeal of an	37762
action by the department of health under this chapter or is an	37763
action by any department or agency of the state to enforce this	37764
chapter or another chapter of the Revised Code.	37765

(2) Nothing in division (E)(1) of this section prohibits the	37766
results of an inspection or investigation conducted under this	37767
section from being used in a criminal investigation or	37768
prosecution.	37769

Sec. 3721.121. (A) As used in this section:

37770

(1) "Adult day-care program" means a program operated	37771
pursuant to rules adopted by the public health council under	37772
section 3721.04 of the Revised Code and provided by and on the	37773
same site as homes licensed under this chapter.	37774

(2) "Applicant" means a person who is under final	37775
consideration for employment with a home or adult day-care program	37776
in a full-time, part-time, or temporary position that involves	37777
providing direct care to an older adult. "Applicant" does not	37778
include a person who provides direct care as a volunteer without	37779
receiving or expecting to receive any form of remuneration other	37780
than reimbursement for actual expenses.	37781

(3) "Criminal records check" and "older adult" have the same	37782
meanings as in section 109.572 of the Revised Code.	37783

(4) "Home" means a home as defined in section 3721.10 of the	37784
Revised Code.	37785

(B)(1) Except as provided in division (I) of this section,	37786
the chief administrator of a home or adult day-care program shall	37787
request that the superintendent of the bureau of criminal	37788
identification and investigation conduct a criminal records check	37789
with respect to each applicant. If an applicant for whom a	37790
criminal records check request is required under this division	37791
does not present proof of having been a resident of this state for	37792
the five-year period immediately prior to the date the criminal	37793
records check is requested or provide evidence that within that	37794
five-year period the superintendent has requested information	37795
about the applicant from the federal bureau of investigation in a	37796
criminal records check, the chief administrator shall request that	37797
the superintendent obtain information from the federal bureau of	37798
investigation as part of the criminal records check of the	37799
applicant. Even if an applicant for whom a criminal records check	37800
request is required under this division presents proof of having	37801
been a resident of this state for the five-year period, the chief	37802
administrator may request that the superintendent include	37803
information from the federal bureau of investigation in the	37804
criminal records check.	37805

(2) A person required by division (B)(1) of this section to	37806
request a criminal records check shall do both of the following:	37807

(a) Provide to each applicant for whom a criminal records	37808
check request is required under that division a copy of the form	37809
prescribed pursuant to division (C)(1) of section 109.572 of the	37810
Revised Code and a standard fingerprint impression sheet	37811
prescribed pursuant to division (C)(2) of that section, and obtain	37812
the completed form and impression sheet from the applicant;	37813

(b) Forward the completed form and impression sheet to the	37814
superintendent of the bureau of criminal identification and	37815
investigation.	37816

(3) An applicant provided the form and fingerprint impression	37817
sheet under division (B)(2)(a) of this section who fails to	37818
complete the form or provide fingerprint impressions shall not be	37819
employed in any position for which a criminal records check is	37820
required by this section.	37821

(C)(1) Except as provided in rules adopted by the director of	37822
health in accordance with division (F) of this section and subject	37823
to division (C)(2) of this section, no home or adult day-care	37824
program shall employ a person in a position that involves	37825
providing direct care to an older adult if the person has been	37826
convicted of or pleaded guilty to any of the following:	37827

(a) A violation of section 2903.01, 2903.02, 2903.03,	37828
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	37829
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	37830
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	37831
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	37832
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	37833
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	37834
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	37835
2925.22, 2925.23, or 3716.11 of the Revised Code.	37836

(b) A violation of an existing or former law of this state,	37837
any other state, or the United States that is substantially	37838
equivalent to any of the offenses listed in division (C)(1)(a) of	37839
this section.	37840

(2)(a) A home or an adult day-care program may employ	37841
conditionally an applicant for whom a criminal records check	37842
request is required under division (B) of this section prior to	37843
obtaining the results of a criminal records check regarding the	37844
individual, provided that the home or program shall request a	37845
criminal records check regarding the individual in accordance with	37846
division (B)(1) of this section not later than five business days	37847
after the individual begins conditional employment. In the	37848
circumstances described in division (I)(2) of this section, a home	37849
or adult day-care program may employ conditionally an applicant	37850
who has been referred to the home or adult day-care program by an	37851
employment service that supplies full-time, part-time, or	37852
temporary staff for positions involving the direct care of older	37853
adults and for whom, pursuant to that division, a criminal records	37854
check is not required under division (B) of this section.	37855

(b) A home or adult day-care program that employs an	37856
individual conditionally under authority of division (C)(2)(a) of	37857
this section shall terminate the individual's employment if the	37858
results of the criminal records check requested under division (B)	37859
of this section or described in division (I)(2) of this section,	37860
other than the results of any request for information from the	37861
federal bureau of investigation, are not obtained within the	37862
period ending ~~sixty~~thirty days after the date the request is	37863
made. Regardless of when the results of the criminal records check	37864
are obtained, if the results indicate that the individual has been	37865
convicted of or pleaded guilty to any of the offenses listed or	37866
described in division (C)(1) of this section, the home or program	37867
shall terminate the individual's employment unless the home or	37868
program chooses to employ the individual pursuant to division (F)	37869
of this section. Termination of employment under this division	37870
shall be considered just cause for discharge for purposes of	37871
division (D)(2) of section 4141.29 of the Revised Code if the	37872
individual makes any attempt to deceive the home or program about	37873
the individual's criminal record.	37874

(D)(1) Each home or adult day-care program shall pay to the	37875
bureau of criminal identification and investigation the fee	37876
prescribed pursuant to division (C)(3) of section 109.572 of the	37877
Revised Code for each criminal records check conducted pursuant to	37878
a request made under division (B) of this section.	37879

(2) A home or adult day-care program may charge an applicant	37880
a fee not exceeding the amount the home or program pays under	37881
division (D)(1) of this section. A home or program may collect a	37882
fee only if both of the following apply:	37883

(a) The home or program notifies the person at the time of	37884
initial application for employment of the amount of the fee and	37885
that, unless the fee is paid, the person will not be considered	37886
for employment;	37887

(b) The medical assistance program established under Chapter	37888
5111. of the Revised Code does not reimburse the home or program	37889
the fee it pays under division (D)(1) of this section.	37890

(E) The report of any criminal records check conducted	37891
pursuant to a request made under this section is not a public	37892
record for the purposes of section 149.43 of the Revised Code and	37893
shall not be made available to any person other than the	37894
following:	37895

(1) The individual who is the subject of the criminal records	37896
check or the individual's representative;	37897

(2) The chief administrator of the home or program requesting	37898
the criminal records check or the administrator's representative;	37899

(3) The administrator of any other facility, agency, or	37900
program that provides direct care to older adults that is owned or	37901
operated by the same entity that owns or operates the home or	37902
program;	37903

(4) A court, hearing officer, or other necessary individual	37904
involved in a case dealing with a denial of employment of the	37905
applicant or dealing with employment or unemployment benefits of	37906
the applicant;	37907

(5) Any person to whom the report is provided pursuant to,	37908
and in accordance with, division (I)(1) or (2) of this section.	37909

(F) In accordance with section 3721.11 of the Revised Code,	37910
the director of health shall adopt rules to implement this	37911
section. The rules shall specify circumstances under which a home	37912
or adult day-care program may employ a person who has been	37913
convicted of or pleaded guilty to an offense listed or described	37914
in division (C)(1) of this section but meets personal character	37915
standards set by the director.	37916

(G) The chief administrator of a home or adult day-care	37917
program shall inform each individual, at the time of initial	37918
application for a position that involves providing direct care to	37919
an older adult, that the individual is required to provide a set	37920
of fingerprint impressions and that a criminal records check is	37921
required to be conducted if the individual comes under final	37922
consideration for employment.	37923

(H) In a tort or other civil action for damages that is	37924
brought as the result of an injury, death, or loss to person or	37925
property caused by an individual who a home or adult day-care	37926
program employs in a position that involves providing direct care	37927
to older adults, all of the following shall apply:	37928

(1) If the home or program employed the individual in good	37929
faith and reasonable reliance on the report of a criminal records	37930
check requested under this section, the home or program shall not	37931
be found negligent solely because of its reliance on the report,	37932
even if the information in the report is determined later to have	37933
been incomplete or inaccurate;	37934

(2) If the home or program employed the individual in good	37935
faith on a conditional basis pursuant to division (C)(2) of this	37936
section, the home or program shall not be found negligent solely	37937
because it employed the individual prior to receiving the report	37938
of a criminal records check requested under this section;	37939

(3) If the home or program in good faith employed the	37940
individual according to the personal character standards	37941
established in rules adopted under division (F) of this section,	37942
the home or program shall not be found negligent solely because	37943
the individual prior to being employed had been convicted of or	37944
pleaded guilty to an offense listed or described in division	37945
(C)(1) of this section.	37946

(I)(1) The chief administrator of a home or adult day-care	37947
program is not required to request that the superintendent of the	37948
bureau of criminal identification and investigation conduct a	37949
criminal records check of an applicant if the applicant has been	37950
referred to the home or program by an employment service that	37951
supplies full-time, part-time, or temporary staff for positions	37952
involving the direct care of older adults and both of the	37953
following apply:	37954

(a) The chief administrator receives from the employment	37955
service or the applicant a report of the results of a criminal	37956
records check regarding the applicant that has been conducted by	37957
the superintendent within the one-year period immediately	37958
preceding the applicant's referral;	37959

(b) The report of the criminal records check demonstrates	37960
that the person has not been convicted of or pleaded guilty to an	37961
offense listed or described in division (C)(1) of this section, or	37962
the report demonstrates that the person has been convicted of or	37963
pleaded guilty to one or more of those offenses, but the home or	37964
adult day-care program chooses to employ the individual pursuant	37965
to division (F) of this section.	37966

(2) The chief administrator of a home or adult day-care	37967
program is not required to request that the superintendent of the	37968
bureau of criminal identification and investigation conduct a	37969
criminal records check of an applicant and may employ the	37970
applicant conditionally as described in this division, if the	37971
applicant has been referred to the home or program by an	37972
employment service that supplies full-time, part-time, or	37973
temporary staff for positions involving the direct care of older	37974
adults and if the chief administrator receives from the employment	37975
service or the applicant a letter from the employment service that	37976
is on the letterhead of the employment service, dated, and signed	37977
by a supervisor or another designated official of the employment	37978
service and that states that the employment service has requested	37979
the superintendent to conduct a criminal records check regarding	37980
the applicant, that the requested criminal records check will	37981
include a determination of whether the applicant has been	37982
convicted of or pleaded guilty to any offense listed or described	37983
in division (C)(1) of this section, that, as of the date set forth	37984
on the letter, the employment service had not received the results	37985
of the criminal records check, and that, when the employment	37986
service receives the results of the criminal records check, it	37987
promptly will send a copy of the results to the home or adult-care	37988
program. If a home or adult day-care program employs an applicant	37989
conditionally in accordance with this division, the employment	37990
service, upon its receipt of the results of the criminal records	37991
check, promptly shall send a copy of the results to the home or	37992
adult day-care program, and division (C)(2)(b) of this section	37993
applies regarding the conditional employment.	37994

Sec. 3722.151. (A) As used in this section:

37995

(1) "Adult care facility" has the same meaning as in section	37996
3722.01 of the Revised Code.	37997

(2) "Applicant" means a person who is under final	37998
consideration for employment with an adult care facility in a	37999
full-time, part-time, or temporary position that involves	38000
providing direct care to an older adult. "Applicant" does not	38001
include a person who provides direct care as a volunteer without	38002
receiving or expecting to receive any form of remuneration other	38003
than reimbursement for actual expenses.	38004

(3) "Criminal records check" and "older adult" have the same	38005
meanings as in section 109.572 of the Revised Code.	38006

(B)(1) Except as provided in division (I) of this section,	38007
the chief administrator of an adult care facility shall request	38008
that the superintendent of the bureau of criminal identification	38009
and investigation conduct a criminal records check with respect to	38010
each applicant. If an applicant for whom a criminal records check	38011
request is required under this division does not present proof of	38012
having been a resident of this state for the five-year period	38013
immediately prior to the date the criminal records check is	38014
requested or provide evidence that within that five-year period	38015
the superintendent has requested information about the applicant	38016
from the federal bureau of investigation in a criminal records	38017
check, the chief administrator shall request that the	38018
superintendent obtain information from the federal bureau of	38019
investigation as part of the criminal records check of the	38020
applicant. Even if an applicant for whom a criminal records check	38021
request is required under this division presents proof of having	38022
been a resident of this state for the five-year period, the chief	38023
administrator may request that the superintendent include	38024
information from the federal bureau of investigation in the	38025
criminal records check.	38026

(2) A person required by division (B)(1) of this section to	38027
request a criminal records check shall do both of the following:	38028

(a) Provide to each applicant for whom a criminal records	38029
check request is required under that division a copy of the form	38030
prescribed pursuant to division (C)(1) of section 109.572 of the	38031
Revised Code and a standard fingerprint impression sheet	38032
prescribed pursuant to division (C)(2) of that section, and obtain	38033
the completed form and impression sheet from the applicant;	38034

(b) Forward the completed form and impression sheet to the	38035
superintendent of the bureau of criminal identification and	38036
investigation.	38037

(3) An applicant provided the form and fingerprint impression	38038
sheet under division (B)(2)(a) of this section who fails to	38039
complete the form or provide fingerprint impressions shall not be	38040
employed in any position for which a criminal records check is	38041
required by this section.	38042

(C)(1) Except as provided in rules adopted by the public	38043
health council in accordance with division (F) of this section and	38044
subject to division (C)(2) of this section, no adult care facility	38045
shall employ a person in a position that involves providing direct	38046
care to an older adult if the person has been convicted of or	38047
pleaded guilty to any of the following:	38048

(a) A violation of section 2903.01, 2903.02, 2903.03,	38049
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	38050
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	38051
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	38052
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	38053
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	38054
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	38055
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	38056
2925.22, 2925.23, or 3716.11 of the Revised Code.	38057

(b) A violation of an existing or former law of this state,	38058
any other state, or the United States that is substantially	38059
equivalent to any of the offenses listed in division (C)(1)(a) of	38060
this section.	38061

(2)(a) An adult care facility may employ conditionally an	38062
applicant for whom a criminal records check request is required	38063
under division (B) of this section prior to obtaining the results	38064
of a criminal records check regarding the individual, provided	38065
that the facility shall request a criminal records check regarding	38066
the individual in accordance with division (B)(1) of this section	38067
not later than five business days after the individual begins	38068
conditional employment. In the circumstances described in division	38069
(I)(2) of this section, an adult care facility may employ	38070
conditionally an applicant who has been referred to the adult care	38071
facility by an employment service that supplies full-time,	38072
part-time, or temporary staff for positions involving the direct	38073
care of older adults and for whom, pursuant to that division, a	38074
criminal records check is not required under division (B) of this	38075
section.	38076

(b) An adult care facility that employs an individual	38077
conditionally under authority of division (C)(2)(a) of this	38078
section shall terminate the individual's employment if the results	38079
of the criminal records check requested under division (B) of this	38080
section or described in division (I)(2) of this section, other	38081
than the results of any request for information from the federal	38082
bureau of investigation, are not obtained within the period ending	38083
~~sixty~~thirty days after the date the request is made. Regardless	38084
of when the results of the criminal records check are obtained, if	38085
the results indicate that the individual has been convicted of or	38086
pleaded guilty to any of the offenses listed or described in	38087
division (C)(1) of this section, the facility shall terminate the	38088
individual's employment unless the facility chooses to employ the	38089
individual pursuant to division (F) of this section. Termination	38090
of employment under this division shall be considered just cause	38091
for discharge for purposes of division (D)(2) of section 4141.29	38092
of the Revised Code if the individual makes any attempt to deceive	38093
the facility about the individual's criminal record.	38094

(D)(1) Each adult care facility shall pay to the bureau of	38095
criminal identification and investigation the fee prescribed	38096
pursuant to division (C)(3) of section 109.572 of the Revised Code	38097
for each criminal records check conducted pursuant to a request	38098
made under division (B) of this section.	38099

(2) An adult care facility may charge an applicant a fee not	38100
exceeding the amount the facility pays under division (D)(1) of	38101
this section. A facility may collect a fee only if it notifies the	38102
person at the time of initial application for employment of the	38103
amount of the fee and that, unless the fee is paid, the person	38104
will not be considered for employment.	38105

(E) The report of any criminal records check conducted	38106
pursuant to a request made under this section is not a public	38107
record for the purposes of section 149.43 of the Revised Code and	38108
shall not be made available to any person other than the	38109
following:	38110

(1) The individual who is the subject of the criminal records	38111
check or the individual's representative;	38112

(2) The chief administrator of the facility requesting the	38113
criminal records check or the administrator's representative;	38114

(3) The administrator of any other facility, agency, or	38115
program that provides direct care to older adults that is owned or	38116
operated by the same entity that owns or operates the adult care	38117
facility;	38118

(4) A court, hearing officer, or other necessary individual	38119
involved in a case dealing with a denial of employment of the	38120
applicant or dealing with employment or unemployment benefits of	38121
the applicant;	38122

(5) Any person to whom the report is provided pursuant to,	38123
and in accordance with, division (I)(1) or (2) of this section.	38124

(F) The public health council shall adopt rules in accordance	38125
with Chapter 119. of the Revised Code to implement this section.	38126
The rules shall specify circumstances under which an adult care	38127
facility may employ a person who has been convicted of or pleaded	38128
guilty to an offense listed or described in division (C)(1) of	38129
this section but meets personal character standards set by the	38130
council.	38131

(G) The chief administrator of an adult care facility shall	38132
inform each individual, at the time of initial application for a	38133
position that involves providing direct care to an older adult,	38134
that the individual is required to provide a set of fingerprint	38135
impressions and that a criminal records check is required to be	38136
conducted if the individual comes under final consideration for	38137
employment.	38138

(H) In a tort or other civil action for damages that is	38139
brought as the result of an injury, death, or loss to person or	38140
property caused by an individual who an adult care facility	38141
employs in a position that involves providing direct care to older	38142
adults, all of the following shall apply:	38143

(1) If the facility employed the individual in good faith and	38144
reasonable reliance on the report of a criminal records check	38145
requested under this section, the facility shall not be found	38146
negligent solely because of its reliance on the report, even if	38147
the information in the report is determined later to have been	38148
incomplete or inaccurate;	38149

(2) If the facility employed the individual in good faith on	38150
a conditional basis pursuant to division (C)(2) of this section,	38151
the facility shall not be found negligent solely because it	38152
employed the individual prior to receiving the report of a	38153
criminal records check requested under this section;	38154

(3) If the facility in good faith employed the individual	38155
according to the personal character standards established in rules	38156
adopted under division (F) of this section, the facility shall not	38157
be found negligent solely because the individual prior to being	38158
employed had been convicted of or pleaded guilty to an offense	38159
listed or described in division (C)(1) of this section.	38160

(I)(1) The chief administrator of an adult care facility is	38161
not required to request that the superintendent of the bureau of	38162
criminal identification and investigation conduct a criminal	38163
records check of an applicant if the applicant has been referred	38164
to the facility by an employment service that supplies full-time,	38165
part-time, or temporary staff for positions involving the direct	38166
care of older adults and both of the following apply:	38167

(a) The chief administrator receives from the employment	38168
service or the applicant a report of the results of a criminal	38169
records check regarding the applicant that has been conducted by	38170
the superintendent within the one-year period immediately	38171
preceding the applicant's referral;	38172

(b) The report of the criminal records check demonstrates	38173
that the person has not been convicted of or pleaded guilty to an	38174
offense listed or described in division (C)(1) of this section, or	38175
the report demonstrates that the person has been convicted of or	38176
pleaded guilty to one or more of those offenses, but the adult	38177
care facility chooses to employ the individual pursuant to	38178
division (F) of this section.	38179

(2) The chief administrator of an adult care facility is not	38180
required to request that the superintendent of the bureau of	38181
criminal identification and investigation conduct a criminal	38182
records check of an applicant and may employ the applicant	38183
conditionally as described in this division, if the applicant has	38184
been referred to the facility by an employment service that	38185
supplies full-time, part-time, or temporary staff for positions	38186
involving the direct care of older adults and if the chief	38187
administrator receives from the employment service or the	38188
applicant a letter from the employment service that is on the	38189
letterhead of the employment service, dated, and signed by a	38190
supervisor or another designated official of the employment	38191
service and that states that the employment service has requested	38192
the superintendent to conduct a criminal records check regarding	38193
the applicant, that the requested criminal records check will	38194
include a determination of whether the applicant has been	38195
convicted of or pleaded guilty to any offense listed or described	38196
in division (C)(1) of this section, that, as of the date set forth	38197
on the letter, the employment service had not received the results	38198
of the criminal records check, and that, when the employment	38199
service receives the results of the criminal records check, it	38200
promptly will send a copy of the results to the adult care	38201
facility. If an adult care facility employs an applicant	38202
conditionally in accordance with this division, the employment	38203
service, upon its receipt of the results of the criminal records	38204
check, promptly shall send a copy of the results to the adult care	38205
facility, and division (C)(2)(b) of this section applies regarding	38206
the conditional employment.	38207

Sec. 3733.43. (A) Except as otherwise provided in this	38208
division, prior to the fifteenth day of April in each year, every	38209
person who intends to operate an agricultural labor camp shall	38210
make application to the licensor for a license to operate such	38211
camp, effective for the calendar year in which it is issued. The	38212
licensor may accept an application on or after the fifteenth day	38213
of April. The license fees specified in this division shall be	38214
submitted to the licensor with the application for a license. No	38215
agricultural labor camp shall be operated in this state without a	38216
license. Any person operating an agricultural labor camp without a	38217
current and valid agricultural labor camp license is not excepted	38218
from compliance with sections 3733.41 to 3733.49 of the Revised	38219
Code by holding a valid and current hotel license. Each person	38220
proposing to open an agricultural labor camp shall submit with the	38221
application for a license any plans required by any rule adopted	38222
under section 3733.42 of the Revised Code. The annual license fee	38223
is ~~twenty~~seventy-five dollars, unless the application for a	38224
license is made on or after the fifteenth day of April, in which	38225
case the annual license fee is ~~forty~~one hundred dollars. An	38226
additional fee of ~~three~~ten dollars per housing unit per year	38227
shall be assessed to defray the costs of enforcing sections	38228
3733.41 to 3733.49 of the Revised Code, unless the application for	38229
a license is made on or after the fifteenth day of April, in which	38230
case an additional fee of ~~six~~fifteen dollars per housing unit	38231
shall be assessed. All fees collected under this division shall be	38232
deposited in the state treasury to the credit of the general	38233
operations fund created in section 3701.83 of the Revised Code and	38234
shall be used for the administration and enforcement of sections	38235
3733.41 to 3733.49 of the Revised Code and rules adopted	38236
thereunder.	38237

(B) Any license under this section may be denied, suspended,	38238
or revoked by the licensor for violation of sections 3733.41 to	38239
3733.49 of the Revised Code or the rules adopted thereunder.	38240
Unless there is an immediate serious public health hazard, no	38241
denial, suspension, or revocation of a license shall be made	38242
effective until the person operating the agricultural labor camp	38243
has been given notice in writing of the specific violations and a	38244
reasonable time to make corrections. When the licensor determines	38245
that an immediate serious public health hazard exists, hethe	38246
licensor shall issue an order denying or suspending the license	38247
without a prior hearing.	38248

(C) All proceedings under this section are subject to Chapter	38249
119. of the Revised Code except as provided in section 3733.431 of	38250
the Revised Code.	38251

(D) Every occupant of an agricultural labor camp shall keep	38252
that part of the dwelling unit, and premises thereof, that hethe	38253
occupant occupies and controls in a clean and sanitary condition.	38254

Sec. 3733.45. (A) The licensor shall inspect all	38255
agricultural labor camps and shall require compliance with	38256
sections 3733.41 to 3733.49 of the Revised Code and the rules	38257
adopted thereunder prior to the issuance of a license. Upon	38258
receipt of a complaint from the migrant agricultural ~~ombudsman~~	38259
ombudsperson or upon the basis of a licensor's own information	38260
that an agricultural labor camp is operating without a license,	38261
the licensor shall inspect the camp. If the camp is operating	38262
without a license, the licensor shall require the camp to comply	38263
with sections 3733.41 to 3733.49 of the Revised Code and the rules	38264
adopted under those sections. No license shall be issued unless	38265
results of water supply tests indicate that the water supply meets	38266
required standards or if any violations exist concerning	38267
sanitation, drainage, or habitability of housing units.	38268

(B) The licensor shall, upon issuance of each license,	38269
distribute posters containing the toll-free telephone number of	38270
the migrant agricultural ~~ombudsman~~ombudsperson established in	38271
section 3733.49 of the Revised Code and information in English and	38272
Spanish describing the purpose of the ~~ombudsman's~~ombudsperson's	38273
office, as provided in that section. The licensor shall provide at	38274
least two posters to the licensee, one for ~~his~~the licensee's	38275
personal use and at least one that shall be posted in a	38276
conspicuous place within the camp.	38277

(C) The licensor may, upon proper identification to the	38278
operator or ~~his~~the operator's agent, enter on any property or	38279
into any structure at any reasonable time for the purpose of	38280
making inspections required by this section.	38281

The licensor shall make at least one inspection prior to	38282
licensing~~, and at least two inspections during occupancy of the~~	38283
~~camps, at least one of which shall be an unannounced evening~~	38284
~~inspection conducted after five p.m. The licensor shall determine~~	38285
~~and record housing unit occupancy during each evening inspection~~.	38286
The licensor shall make such other inspections as hethe licensor	38287
considers necessary to enforce sections 3733.41 to 3733.49 of the	38288
Revised Code adequately.	38289

(D) Any plans submitted to the licensor shall be in	38290
compliance with rules adopted pursuant to section 3733.42 of the	38291
Revised Code and shall be approved or disapproved within thirty	38292
days after they are filed.	38293

(E) ~~All designees of the licensor who conduct inspections in~~	38294
~~the evening in accordance with this section shall speak both~~	38295
~~English and Spanish fluently. At least one member of the permanent~~	38296
~~staff assigned to conduct inspections in accordance with this~~	38297
~~section shall speak both English and Spanish fluently.~~	38298

~~(F)~~ The licensor shall issue an annual report that shall	38299
accurately reflect the results of that year's inspections,	38300
including, but not limited to, numbers of ~~pre- and post-occupancy~~	38301
inspections, number of violations found, and action taken in	38302
regard to violations. The report shall also include an assessment	38303
of any problems found in that year and proposed solutions for	38304
them.	38305

Sec. 3734.02. (A) The director of environmental protection,	38306
in accordance with Chapter 119. of the Revised Code, shall adopt	38307
and may amend, suspend, or rescind rules having uniform	38308
application throughout the state governing solid waste facilities	38309
and the inspections of and issuance of permits and licenses for	38310
all solid waste facilities in order to ensure that the facilities	38311
will be located, maintained, and operated, and will undergo	38312
closure and post-closure care, in a sanitary manner so as not to	38313
create a nuisance, cause or contribute to water pollution, create	38314
a health hazard, or violate 40 C.F.R. 257.3-2 or 40 C.F.R.	38315
257.3-8, as amended. The rules may include, without limitation,	38316
financial assurance requirements for closure and post-closure care	38317
and corrective action and requirements for taking corrective	38318
action in the event of the surface or subsurface discharge or	38319
migration of explosive gases or leachate from a solid waste	38320
facility, or of ground water contamination resulting from the	38321
transfer or disposal of solid wastes at a facility, beyond the	38322
boundaries of any area within a facility that is operating or is	38323
undergoing closure or post-closure care where solid wastes were	38324
disposed of or are being disposed of. The rules shall not concern	38325
or relate to personnel policies, salaries, wages, fringe benefits,	38326
or other conditions of employment of employees of persons owning	38327
or operating solid waste facilities. The director, in accordance	38328
with Chapter 119. of the Revised Code, shall adopt and may amend,	38329
suspend, or rescind rules governing the issuance, modification,	38330
revocation, suspension, or denial of variances from the director's	38331
solid waste rules, including, without limitation, rules adopted	38332
under this chapter governing the management of scrap tires.	38333

Variances shall be issued, modified, revoked, suspended, or	38334
rescinded in accordance with this division, rules adopted under	38335
it, and Chapter 3745. of the Revised Code. The director may order	38336
the person to whom a variance is issued to take such action within	38337
such time as the director may determine to be appropriate and	38338
reasonable to prevent the creation of a nuisance or a hazard to	38339
the public health or safety or the environment. Applications for	38340
variances shall contain such detail plans, specifications, and	38341
information regarding objectives, procedures, controls, and other	38342
pertinent data as the director may require. The director shall	38343
grant a variance only if the applicant demonstrates to the	38344
director's satisfaction that construction and operation of the	38345
solid waste facility in the manner allowed by the variance and any	38346
terms or conditions imposed as part of the variance will not	38347
create a nuisance or a hazard to the public health or safety or	38348
the environment. In granting any variance, the director shall	38349
state the specific provision or provisions whose terms are to be	38350
varied and also shall state specific terms or conditions imposed	38351
upon the applicant in place of the provision or provisions. The	38352
director may hold a public hearing on an application for a	38353
variance or renewal of a variance at a location in the county	38354
where the operations that are the subject of the application for	38355
the variance are conducted. The director shall give not less than	38356
twenty days' notice of the hearing to the applicant by certified	38357
mail and shall publish at least one notice of the hearing in a	38358
newspaper with general circulation in the county where the hearing	38359
is to be held. The director shall make available for public	38360
inspection at the principal office of the environmental protection	38361
agency a current list of pending applications for variances and a	38362
current schedule of pending variance hearings. The director shall	38363
make a complete stenographic record of testimony and other	38364
evidence submitted at the hearing. Within ten days after the	38365
hearing, the director shall make a written determination to issue,	38366
renew, or deny the variance and shall enter the determination and	38367
the basis for it into the record of the hearing. The director	38368
shall issue, renew, or deny an application for a variance or	38369
renewal of a variance within six months of the date upon which the	38370
director receives a complete application with all pertinent	38371
information and data required. No variance shall be issued,	38372
revoked, modified, or denied until the director has considered the	38373
relative interests of the applicant, other persons and property	38374
affected by the variance, and the general public. Any variance	38375
granted under this division shall be for a period specified by the	38376
director and may be renewed from time to time on such terms and	38377
for such periods as the director determines to be appropriate. No	38378
application shall be denied and no variance shall be revoked or	38379
modified without a written order stating the findings upon which	38380
the denial, revocation, or modification is based. A copy of the	38381
order shall be sent to the applicant or variance holder by	38382
certified mail.	38383

(B) The director shall prescribe and furnish the forms	38384
necessary to administer and enforce this chapter. The director may	38385
cooperate with and enter into agreements with other state, local,	38386
or federal agencies to carry out the purposes of this chapter. The	38387
director may exercise all incidental powers necessary to carry out	38388
the purposes of this chapter.	38389

The director may use moneys in the infectious waste	38390
management fund created in section 3734.021 of the Revised Code	38391
exclusively for administering and enforcing the provisions of this	38392
chapter governing the management of infectious wastes. Of each	38393
registration and renewal fee collected under rules adopted under	38394
division (A)(2)(a) of section 3734.021 or under section 3734.022	38395
of the Revised Code, the director, within forty-five days of its	38396
receipt, shall remit from the fund one-half of the fee received to	38397
the board of health of the health district in which the registered	38398
premises is located, or, in the instance of an infectious wastes	38399
transporter, to the board of health of the health district in	38400
which the transporter's principal place of business is located.	38401
However, if the board of health having jurisdiction over a	38402
registrant's premises or principal place of business is not on the	38403
approved list under section 3734.08 of the Revised Code, the	38404
director shall not make that payment to the board of health.	38405

(C) Except as provided in this division and divisions (N)(2)	38406
and (3) of this section, no person shall establish a new solid	38407
waste facility or infectious waste treatment facility, or modify	38408
an existing solid waste facility or infectious waste treatment	38409
facility, without submitting an application for a permit with	38410
accompanying detail plans, specifications, and information	38411
regarding the facility and method of operation and receiving a	38412
permit issued by the director, except that no permit shall be	38413
required under this division to install or operate a solid waste	38414
facility for sewage sludge treatment or disposal when the	38415
treatment or disposal is authorized by a current permit issued	38416
under Chapter 3704. or 6111. of the Revised Code.	38417

No person shall continue to operate a solid waste facility	38418
for which the director has denied a permit for which an	38419
application was required under division (A)(3) of section 3734.05	38420
of the Revised Code, or for which the director has disapproved	38421
plans and specifications required to be filed by an order issued	38422
under division (A)(5) of that section, after the date prescribed	38423
for commencement of closure of the facility in the order issued	38424
under division (A)(6) of section 3734.05 of the Revised Code	38425
denying the permit application or approval.	38426

On and after the effective date of the rules adopted under	38427
division (A) of this section and division (D) of section 3734.12	38428
of the Revised Code governing solid waste transfer facilities, no	38429
person shall establish a new, or modify an existing, solid waste	38430
transfer facility without first submitting an application for a	38431
permit with accompanying engineering detail plans, specifications,	38432
and information regarding the facility and its method of operation	38433
to the director and receiving a permit issued by the director.	38434

No person shall establish a new compost facility or continue	38435
to operate an existing compost facility that accepts exclusively	38436
source separated yard wastes without submitting a completed	38437
registration for the facility to the director in accordance with	38438
rules adopted under divisions (A) and (N)(3) of this section.	38439

This division does not apply to an infectious waste treatment	38440
facility that meets any of the following conditions:	38441

(1) Is owned or operated by the generator of the wastes and	38442
exclusively treats, by methods, techniques, and practices	38443
established by rules adopted under division (C)(1) or (3) of	38444
section 3734.021 of the Revised Code, wastes that are generated at	38445
any premises owned or operated by that generator regardless of	38446
whether the wastes are generated on the premises where the	38447
generator's treatment facility is located or, if the generator is	38448
a hospital as defined in section 3727.01 of the Revised Code,	38449
infectious wastes that are described in division (A)(1)(g), (h),	38450
or (i) of section 3734.021 of the Revised Code;	38451

(2) Holds a license or renewal of a license to operate a	38452
crematory facility issued under Chapter 4717. and a permit issued	38453
under Chapter 3704. of the Revised Code;	38454

(3) Treats or disposes of dead animals or parts thereof, or	38455
the blood of animals, and is subject to any of the following:	38456

(a) Inspection under the "Federal Meat Inspection Act," 81	38457
Stat. 584 (1967), 21 U.S.C.A. 603, as amended;	38458

(b) Chapter 918. of the Revised Code;

38459

38460

(D) Neither this chapter nor any rules adopted under it apply	38461
to single-family residential premises; to infectious wastes	38462
generated by individuals for purposes of their own care or	38463
treatment that are disposed of with solid wastes from the	38464
individual's residence; to the temporary storage of solid wastes,	38465
other than scrap tires, prior to their collection for disposal; to	38466
the storage of one hundred or fewer scrap tires unless they are	38467
stored in such a manner that, in the judgment of the director or	38468
the board of health of the health district in which the scrap	38469
tires are stored, the storage causes a nuisance, a hazard to	38470
public health or safety, or a fire hazard; or to the collection of	38471
solid wastes, other than scrap tires, by a political subdivision	38472
or a person holding a franchise or license from a political	38473
subdivision of the state; to composting, as defined in section	38474
1511.01 of the Revised Code, conducted in accordance with section	38475
1511.022 of the Revised Code; or to any person who is licensed to	38476
transport raw rendering material to a compost facility pursuant to	38477
section 953.23 of the Revised Code.	38478

(E)(1) As used in this division and section 3734.18 of the	38479
Revised Code:	38480

(a) "On-site facility" means a facility that stores, treats,	38481
or disposes of hazardous waste that is generated on the premises	38482
of the facility.	38483

(b) "Off-site facility" means a facility that stores, treats,	38484
or disposes of hazardous waste that is generated off the premises	38485
of the facility and includes such a facility that is also an	38486
on-site facility.	38487

38488

(i) An on-site facility that also receives hazardous waste	38489
from other premises owned by the same person who generates the	38490
waste on the facility premises;	38491

(ii) An off-site facility operated so that all of the	38492
hazardous waste it receives is generated on one or more premises	38493
owned by the person who owns the facility;	38494

(iii) An on-site facility that also receives hazardous waste	38495
that is transported uninterruptedly and directly to the facility	38496
through a pipeline from a generator who is not the owner of the	38497
facility.	38498

(2) Except as provided in division (E)(3) of this section, no	38499
person shall establish or operate a hazardous waste facility, or	38500
use a solid waste facility for the storage, treatment, or disposal	38501
of any hazardous waste, without a hazardous waste facility	38502
installation and operation permit ~~from the hazardous waste~~	38503
~~facility board~~ issued in accordance with section 3734.05 of the	38504
Revised Code and subject to the payment of an application fee not	38505
to exceed one thousand five hundred dollars, payable upon	38506
application for a hazardous waste facility installation and	38507
operation permit and upon application for a renewal permit issued	38508
under division (H) of section 3734.05 of the Revised Code, to be	38509
credited to the hazardous waste facility management fund created	38510
in section 3734.18 of the Revised Code. The term of a hazardous	38511
waste facility installation and operation permit shall not exceed	38512
five years.	38513

In addition to the application fee, there is hereby levied an	38514
annual permit fee to be paid by the permit holder upon the	38515
anniversaries of the date of issuance of the hazardous waste	38516
facility installation and operation permit and of any subsequent	38517
renewal permits and to be credited to the hazardous waste facility	38518
management fund. Annual permit fees totaling forty thousand	38519
dollars or more for any one facility may be paid on a quarterly	38520
basis with the first quarterly payment each year being due on the	38521
anniversary of the date of issuance of the hazardous waste	38522
facility installation and operation permit and of any subsequent	38523
renewal permits. The annual permit fee shall be determined for	38524
each permit holder by the director in accordance with the	38525
following schedule:	38526

TYPE OF BASIC			38527
MANAGEMENT UNIT	TYPE OF FACILITY	FEE	38528
Storage facility using:			38529
Containers	On-site, off-site, and		38530
	satellite	$ 500	38531
Tanks	On-site, off-site, and		38532
	satellite	500	38533
Waste pile	On-site, off-site, and		38534
	satellite	3,000	38535
Surface impoundment	On-site and satellite	8,000	38536
	Off-site	10,000	38537
Disposal facility using:			38538
Deep well injection	On-site and satellite	15,000	38539
	Off-site	25,000	38540
Landfill	On-site and satellite	25,000	38541
	Off-site	40,000	38542
Land application	On-site and satellite	2,500	38543
	Off-site	5,000	38544
Surface impoundment	On-site and satellite	10,000	38545
	Off-site	20,000	38546
Treatment facility using:			38547
Tanks	On-site, off-site, and		38548
	satellite	700	38549
Surface impoundment	On-site and satellite	8,000	38550
	Off-site	10,000	38551
Incinerator	On-site and satellite	5,000	38552
	Off-site	10,000	38553
Other forms			38554
of treatment	On-site, off-site, and		38555
	satellite	1,000	38556

In determining the annual permit fee required by this	38557
section, the director shall not require additional payments for	38558
multiple units of the same method of storage, treatment, or	38559
disposal or for individual units that are used for both storage	38560
and treatment. A facility using more than one method of storage,	38561
treatment, or disposal shall pay the permit fee indicated by the	38562
schedule for each such method.	38563

The director shall not require the payment of that portion of	38564
an annual permit fee of any permit holder that would apply to a	38565
hazardous waste management unit for which a permit has been	38566
issued, but for which construction has not yet commenced. Once	38567
construction has commenced, the director shall require the payment	38568
of a part of the appropriate fee indicated by the schedule that	38569
bears the same relationship to the total fee that the number of	38570
days remaining until the next anniversary date at which payment of	38571
the annual permit fee is due bears to three hundred sixty-five.	38572

The director, by rules adopted in accordance with Chapters	38573
119. and 3745. of the Revised Code, shall prescribe procedures for	38574
collecting the annual permit fee established by this division and	38575
may prescribe other requirements necessary to carry out this	38576
division.	38577

(3) The prohibition against establishing or operating a	38578
hazardous waste facility without a hazardous waste facility	38579
installation and operation permit ~~from the board~~ does not apply to	38580
either of the following:	38581

(a) A facility that is operating in accordance with a permit	38582
renewal issued under division (H) of section 3734.05 of the	38583
Revised Code, a revision issued under division (I) of that section	38584
as it existed prior to August 20, 1996, or a modification issued	38585
by the director under division (I) of that section on and after	38586
August 20, 1996;	38587

(b) Except as provided in division (J) of section 3734.05 of	38588
the Revised Code, a facility that will operate or is operating in	38589
accordance with a permit by rule, or that is not subject to permit	38590
requirements, under rules adopted by the director. In accordance	38591
with Chapter 119. of the Revised Code, the director shall adopt,	38592
and subsequently may amend, suspend, or rescind, rules for the	38593
purposes of division (E)(3)(b) of this section. Any rules so	38594
adopted shall be consistent with and equivalent to regulations	38595
pertaining to interim status adopted under the "Resource	38596
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A.	38597
6921, as amended, except as otherwise provided in this chapter.	38598

If a modification is requested or proposed for a facility	38599
described in division (E)(3)(a) or (b) of this section, division	38600
(I)~~(8)~~(7) of section 3734.05 of the Revised Code applies.	38601

(F) No person shall store, treat, or dispose of hazardous	38602
waste identified or listed under this chapter and rules adopted	38603
under it, regardless of whether generated on or off the premises	38604
where the waste is stored, treated, or disposed of, or transport	38605
or cause to be transported any hazardous waste identified or	38606
listed under this chapter and rules adopted under it to any other	38607
premises, except at or to any of the following:	38608

(1) A hazardous waste facility operating under a permit	38609
issued in accordance with this chapter;	38610

(2) A facility in another state operating under a license or	38611
permit issued in accordance with the "Resource Conservation and	38612
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	38613
amended;	38614

(3) A facility in another nation operating in accordance with	38615
the laws of that nation;	38616

(4) A facility holding a permit issued pursuant to Title I of	38617
the "Marine Protection, Research, and Sanctuaries Act of 1972," 86	38618
Stat. 1052, 33 U.S.C.A. 1401, as amended;	38619

(5) A hazardous waste facility as described in division	38620
(E)(3)(a) or (b) of this section.	38621

(G) The director, by order, may exempt any person generating,	38622
collecting, storing, treating, disposing of, or transporting solid	38623
wastes or hazardous waste, or processing solid wastes that consist	38624
of scrap tires, in such quantities or under such circumstances	38625
that, in the determination of the director, are unlikely to	38626
adversely affect the public health or safety or the environment	38627
from any requirement to obtain a registration certificate, permit,	38628
or license or comply with the manifest system or other	38629
requirements of this chapter. Such an exemption shall be	38630
consistent with and equivalent to any regulations adopted by the	38631
administrator of the United States environmental protection agency	38632
under the "Resource Conservation and Recovery Act of 1976," 90	38633
Stat. 2806, 42 U.S.C.A. 6921, as amended, except as otherwise	38634
provided in this chapter.	38635

(H) No person shall engage in filling, grading, excavating,	38636
building, drilling, or mining on land where a hazardous waste	38637
facility, or a solid waste facility, was operated without prior	38638
authorization from the director, who shall establish the procedure	38639
for granting such authorization by rules adopted in accordance	38640
with Chapter 119. of the Revised Code.	38641

A public utility that has main or distribution lines above or	38642
below the land surface located on an easement or right-of-way	38643
across land where a solid waste facility was operated may engage	38644
in any such activity within the easement or right-of-way without	38645
prior authorization from the director for purposes of performing	38646
emergency repair or emergency replacement of its lines; of the	38647
poles, towers, foundations, or other structures supporting or	38648
sustaining any such lines; or of the appurtenances to those	38649
structures, necessary to restore or maintain existing public	38650
utility service. A public utility may enter upon any such easement	38651
or right-of-way without prior authorization from the director for	38652
purposes of performing necessary or routine maintenance of those	38653
portions of its existing lines; of the existing poles, towers,	38654
foundations, or other structures sustaining or supporting its	38655
lines; or of the appurtenances to any such supporting or	38656
sustaining structure, located on or above the land surface on any	38657
such easement or right-of-way. Within twenty-four hours after	38658
commencing any such emergency repair, replacement, or maintenance	38659
work, the public utility shall notify the director or the	38660
director's authorized representative of those activities and shall	38661
provide such information regarding those activities as the	38662
director or the director's representative may request. Upon	38663
completion of the emergency repair, replacement, or maintenance	38664
activities, the public utility shall restore any land of the solid	38665
waste facility disturbed by those activities to the condition	38666
existing prior to the commencement of those activities.	38667

(I) No owner or operator of a hazardous waste facility, in	38668
the operation of the facility, shall cause, permit, or allow the	38669
emission therefrom of any particulate matter, dust, fumes, gas,	38670
mist, smoke, vapor, or odorous substance that, in the opinion of	38671
the director, unreasonably interferes with the comfortable	38672
enjoyment of life or property by persons living or working in the	38673
vicinity of the facility, or that is injurious to public health.	38674
Any such action is hereby declared to be a public nuisance.	38675

(J) Notwithstanding any other provision of this chapter, in	38676
the event the director finds an imminent and substantial danger to	38677
public health or safety or the environment that creates an	38678
emergency situation requiring the immediate treatment, storage, or	38679
disposal of hazardous waste, the director may issue a temporary	38680
emergency permit to allow the treatment, storage, or disposal of	38681
the hazardous waste at a facility that is not otherwise authorized	38682
by a hazardous waste facility installation and operation permit to	38683
treat, store, or dispose of the waste. The emergency permit shall	38684
not exceed ninety days in duration and shall not be renewed. The	38685
director shall adopt, and may amend, suspend, or rescind, rules in	38686
accordance with Chapter 119. of the Revised Code governing the	38687
issuance, modification, revocation, and denial of emergency	38688
permits.	38689

(K) No owner or operator of a sanitary landfill shall	38690
knowingly accept for disposal, or dispose of, any infectious	38691
wastes, other than those subject to division (A)(1)(c) of section	38692
3734.021 of the Revised Code, that have not been treated to render	38693
them noninfectious. For the purposes of this division,	38694
certification by the owner or operator of the treatment facility	38695
where the wastes were treated on the shipping paper required by	38696
rules adopted under division (D)(2) of that section creates a	38697
rebuttable presumption that the wastes have been so treated.	38698

(L) The director, in accordance with Chapter 119. of the	38699
Revised Code, shall adopt, and may amend, suspend, or rescind,	38700
rules having uniform application throughout the state establishing	38701
a training and certification program that shall be required for	38702
employees of boards of health who are responsible for enforcing	38703
the solid waste and infectious waste provisions of this chapter	38704
and rules adopted under them and for persons who are responsible	38705
for the operation of solid waste facilities or infectious waste	38706
treatment facilities. The rules shall provide all of the	38707
following, without limitation:	38708

(1) The program shall be administered by the director and	38709
shall consist of a course on new solid waste and infectious waste	38710
technologies, enforcement procedures, and rules;	38711

(2) The course shall be offered on an annual basis;

38712

(3) Those persons who are required to take the course under	38713
division (L) of this section shall do so triennially;	38714

(4) Persons who successfully complete the course shall be	38715
certified by the director;	38716

(5) Certification shall be required for all employees of	38717
boards of health who are responsible for enforcing the solid waste	38718
or infectious waste provisions of this chapter and rules adopted	38719
under them and for all persons who are responsible for the	38720
operation of solid waste facilities or infectious waste treatment	38721
facilities;	38722

(6)(a) All employees of a board of health who, on the	38723
effective date of the rules adopted under this division, are	38724
responsible for enforcing the solid waste or infectious waste	38725
provisions of this chapter and the rules adopted under them shall	38726
complete the course and be certified by the director not later	38727
than January 1, 1995;	38728

(b) All employees of a board of health who, after the	38729
effective date of the rules adopted under division (L) of this	38730
section, become responsible for enforcing the solid waste or	38731
infectious waste provisions of this chapter and rules adopted	38732
under them and who do not hold a current and valid certification	38733
from the director at that time shall complete the course and be	38734
certified by the director within two years after becoming	38735
responsible for performing those activities.	38736

No person shall fail to obtain the certification required	38737
under this division.	38738

(M) The director shall not issue a permit under section	38739
3734.05 of the Revised Code to establish a solid waste facility,	38740
or to modify a solid waste facility operating on December 21,	38741
1988, in a manner that expands the disposal capacity or geographic	38742
area covered by the facility, that is or is to be located within	38743
the boundaries of a state park established or dedicated under	38744
Chapter 1541. of the Revised Code, a state park purchase area	38745
established under section 1541.02 of the Revised Code, any unit of	38746
the national park system, or any property that lies within the	38747
boundaries of a national park or recreation area, but that has not	38748
been acquired or is not administered by the secretary of the	38749
United States department of the interior, located in this state,	38750
or any candidate area located in this state and identified for	38751
potential inclusion in the national park system in the edition of	38752
the "national park system plan" submitted under paragraph (b) of	38753
section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16	38754
U.S.C.A. 1a-5, as amended, current at the time of filing of the	38755
application for the permit, unless the facility or proposed	38756
facility is or is to be used exclusively for the disposal of solid	38757
wastes generated within the park or recreation area and the	38758
director determines that the facility or proposed facility will	38759
not degrade any of the natural or cultural resources of the park	38760
or recreation area. The director shall not issue a variance under	38761
division (A) of this section and rules adopted under it, or issue	38762
an exemption order under division (G) of this section, that would	38763
authorize any such establishment or expansion of a solid waste	38764
facility within the boundaries of any such park or recreation	38765
area, state park purchase area, or candidate area, other than a	38766
solid waste facility exclusively for the disposal of solid wastes	38767
generated within the park or recreation area when the director	38768
determines that the facility will not degrade any of the natural	38769
or cultural resources of the park or recreation area.	38770

(N)(1) The rules adopted under division (A) of this section,	38771
other than those governing variances, do not apply to scrap tire	38772
collection, storage, monocell, monofill, and recovery facilities.	38773
Those facilities are subject to and governed by rules adopted	38774
under sections 3734.70 to 3734.73 of the Revised Code, as	38775
applicable.	38776

(2) Division (C) of this section does not apply to scrap tire	38777
collection, storage, monocell, monofill, and recovery facilities.	38778
The establishment and modification of those facilities are subject	38779
to sections 3734.75 to 3734.78 and section 3734.81 of the Revised	38780
Code, as applicable.	38781

(3) The director may adopt, amend, suspend, or rescind rules	38782
under division (A) of this section creating an alternative system	38783
for authorizing the establishment, operation, or modification of a	38784
solid waste compost facility in lieu of the requirement that a	38785
person seeking to establish, operate, or modify a solid waste	38786
compost facility apply for and receive a permit under division (C)	38787
of this section and section 3734.05 of the Revised Code and a	38788
license under division (A)(1) of that section. The rules may	38789
include requirements governing, without limitation, the	38790
classification of solid waste compost facilities, the submittal of	38791
operating records for solid waste compost facilities, and the	38792
creation of a registration or notification system in lieu of the	38793
issuance of permits and licenses for solid waste compost	38794
facilities. The rules shall specify the applicability of divisions	38795
(A)(1), (2)(a), (3), and (4) of section 3734.05 of the Revised	38796
Code to a solid waste compost facility.	38797

Sec. 3734.05. (A)(1) Except as provided in divisions (A)(4),	38798
(8), and (9) of this section, no person shall operate or maintain	38799
a solid waste facility without a license issued under this	38800
division by the board of health of the health district in which	38801
the facility is located or by the director of environmental	38802
protection when the health district in which the facility is	38803
located is not on the approved list under section 3734.08 of the	38804
Revised Code.	38805

During the month of December, but before the first day of	38806
January of the next year, every person proposing to continue to	38807
operate an existing solid waste facility shall procure a license	38808
under this division to operate the facility for that year from the	38809
board of health of the health district in which the facility is	38810
located or, if the health district is not on the approved list	38811
under section 3734.08 of the Revised Code, from the director. The	38812
application for such a license shall be submitted to the board of	38813
health or to the director, as appropriate, on or before the last	38814
day of September of the year preceding that for which the license	38815
is sought. In addition to the application fee prescribed in	38816
division (A)(2) of this section, a person who submits an	38817
application after that date shall pay an additional ten per cent	38818
of the amount of the application fee for each week that the	38819
application is late. Late payment fees accompanying an application	38820
submitted to the board of health shall be credited to the special	38821
fund of the health district created in division (B) of section	38822
3734.06 of the Revised Code, and late payment fees accompanying an	38823
application submitted to the director shall be credited to the	38824
general revenue fund. A person who has received a license, upon	38825
sale or disposition of a solid waste facility, and upon consent of	38826
the board of health and the director, may have the license	38827
transferred to another person. The board of health or the director	38828
may include such terms and conditions in a license or revision to	38829
a license as are appropriate to ensure compliance with this	38830
chapter and rules adopted under it. The terms and conditions may	38831
establish the authorized maximum daily waste receipts for the	38832
facility. Limitations on maximum daily waste receipts shall be	38833
specified in cubic yards of volume for the purpose of regulating	38834
the design, construction, and operation of solid waste facilities.	38835
Terms and conditions included in a license or revision to a	38836
license by a board of health shall be consistent with, and pertain	38837
only to the subjects addressed in, the rules adopted under	38838
division (A) of section 3734.02 and division (D) of section	38839
3734.12 of the Revised Code.	38840

(2)(a) Except as provided in divisions (A)(2)(b), (8), and	38841
(9) of this section, each person proposing to open a new solid	38842
waste facility or to modify an existing solid waste facility shall	38843
submit an application for a permit with accompanying detail plans	38844
and specifications to the environmental protection agency for	38845
required approval under the rules adopted by the director pursuant	38846
to division (A) of section 3734.02 of the Revised Code and	38847
applicable rules adopted under division (D) of section 3734.12 of	38848
the Revised Code at least two hundred seventy days before proposed	38849
operation of the facility and shall concurrently make application	38850
for the issuance of a license under division (A)(1) of this	38851
section with the board of health of the health district in which	38852
the proposed facility is to be located.	38853

(b) On and after the effective date of the rules adopted	38854
under division (A) of section 3734.02 of the Revised Code and	38855
division (D) of section 3734.12 of the Revised Code governing	38856
solid waste transfer facilities, each person proposing to open a	38857
new solid waste transfer facility or to modify an existing solid	38858
waste transfer facility shall submit an application for a permit	38859
with accompanying engineering detail plans, specifications, and	38860
information regarding the facility and its method of operation to	38861
the environmental protection agency for required approval under	38862
those rules at least two hundred seventy days before commencing	38863
proposed operation of the facility and concurrently shall make	38864
application for the issuance of a license under division (A)(1) of	38865
this section with the board of health of the health district in	38866
which the facility is located or proposed.	38867

(c) Each application for a permit under division (A)(2)(a) or	38868
(b) of this section shall be accompanied by a nonrefundable	38869
application fee of four hundred dollars that shall be credited to	38870
the general revenue fund. Each application for an annual license	38871
under division (A)(1) or (2) of this section shall be accompanied	38872
by a nonrefundable application fee of one hundred dollars. If the	38873
application for an annual license is submitted to a board of	38874
health on the approved list under section 3734.08 of the Revised	38875
Code, the application fee shall be credited to the special fund of	38876
the health district created in division (B) of section 3734.06 of	38877
the Revised Code. If the application for an annual license is	38878
submitted to the director, the application fee shall be credited	38879
to the general revenue fund. If a permit or license is issued, the	38880
amount of the application fee paid shall be deducted from the	38881
amount of the permit fee due under division (Q) of section 3745.11	38882
of the Revised Code or the amount of the license fee due under	38883
division (A)(1), (2), (3), or (4) of section 3734.06 of the	38884
Revised Code.	38885

(d) As used in divisions (A)(2)(d), (e), and (f) of this	38886
section, "modify" means any of the following:	38887

(i) Any increase of more than ten per cent in the total	38888
capacity of a solid waste facility;	38889

(ii) Any expansion of the limits of solid waste placement at	38890
a solid waste facility;	38891

(iii) Any increase in the depth of excavation at a solid	38892
waste facility;	38893

(iv) Any change in the technique of waste receipt or type of	38894
waste received at a solid waste facility that may endanger human	38895
health, as determined by the director by rules adopted in	38896
accordance with Chapter 119. of the Revised Code.	38897

Not later than thirty-five days after submitting an	38898
application under division (A)(2)(a) or (b) of this section for a	38899
permit to open a new or modify an existing solid waste facility,	38900
the applicant, in conjunction with an officer or employee of the	38901
environmental protection agency, shall hold a public meeting on	38902
the application within the county in which the new or modified	38903
solid waste facility is or is proposed to be located or within a	38904
contiguous county. Not less than thirty days before holding the	38905
public meeting on the application, the applicant shall publish	38906
notice of the meeting in each newspaper of general circulation	38907
that is published in the county in which the facility is or is	38908
proposed to be located. If no newspaper of general circulation is	38909
published in the county, the applicant shall publish the notice in	38910
a newspaper of general circulation in the county. The notice shall	38911
contain the date, time, and location of the public meeting and a	38912
general description of the proposed new or modified facility. Not	38913
later than five days after publishing the notice, the applicant	38914
shall send by certified mail a copy of the notice and the date the	38915
notice was published to the director and the legislative authority	38916
of each municipal corporation, township, and county, and to the	38917
chief executive officer of each municipal corporation, in which	38918
the facility is or is proposed to be located. At the public	38919
meeting, the applicant shall provide information and describe the	38920
application and respond to comments or questions concerning the	38921
application, and the officer or employee of the agency shall	38922
describe the permit application process. At the public meeting,	38923
any person may submit written or oral comments on or objections to	38924
the application. Not more than thirty days after the public	38925
meeting, the applicant shall provide the director with a copy of a	38926
transcript of the full meeting, copies of any exhibits, displays,	38927
or other materials presented by the applicant at the meeting, and	38928
the original copy of any written comments submitted at the	38929
meeting.	38930

(e) Except as provided in division (A)(2)(f) of this section,	38931
prior to taking an action, other than a proposed or final denial,	38932
upon an application submitted under division (A)(2)(a) of this	38933
section for a permit to open a new or modify an existing solid	38934
waste facility, the director shall hold a public information	38935
session and a public hearing on the application within the county	38936
in which the new or modified solid waste facility is or is	38937
proposed to be located or within a contiguous county. If the	38938
application is for a permit to open a new solid waste facility,	38939
the director shall hold the hearing not less than fourteen days	38940
after the information session. If the application is for a permit	38941
to modify an existing solid waste facility, the director may hold	38942
both the information session and the hearing on the same day	38943
unless any individual affected by the application requests in	38944
writing that the information session and the hearing not be held	38945
on the same day, in which case the director shall hold the hearing	38946
not less than fourteen days after the information session. The	38947
director shall publish notice of the public information session or	38948
public hearing not less than thirty days before holding the	38949
information session or hearing, as applicable. The notice shall be	38950
published in each newspaper of general circulation that is	38951
published in the county in which the facility is or is proposed to	38952
be located. If no newspaper of general circulation is published in	38953
the county, the director shall publish the notice in a newspaper	38954
of general circulation in the county. The notice shall contain the	38955
date, time, and location of the information session or hearing, as	38956
applicable, and a general description of the proposed new or	38957
modified facility. At the public information session, an officer	38958
or employee of the environmental protection agency shall describe	38959
the status of the permit application and be available to respond	38960
to comments or questions concerning the application. At the public	38961
hearing, any person may submit written or oral comments on or	38962
objections to the approval of the application. The applicant, or a	38963
representative of the applicant who has knowledge of the location,	38964
construction, and operation of the facility, shall attend the	38965
information session and public hearing to respond to comments or	38966
questions concerning the facility directed to the applicant or	38967
representative by the officer or employee of the environmental	38968
protection agency presiding at the information session and	38969
hearing.	38970

(f) The solid waste management policy committee of a county	38971
or joint solid waste management district may adopt a resolution	38972
requesting expeditious consideration of a specific application	38973
submitted under division (A)(2)(a) of this section for a permit to	38974
modify an existing solid waste facility within the district. The	38975
resolution shall make the finding that expedited consideration of	38976
the application without the public information session and public	38977
hearing under division (A)(2)(e) of this section is in the public	38978
interest and will not endanger human health, as determined by the	38979
director by rules adopted in accordance with Chapter 119. of the	38980
Revised Code. Upon receiving such a resolution, the director, at	38981
the director's discretion, may issue a final action upon the	38982
application without holding a public information session or public	38983
hearing pursuant to division (A)(2)(e) of this section.	38984

(3) Except as provided in division (A)(10) of this section,	38985
and unless the owner or operator of any solid waste facility,	38986
other than a solid waste transfer facility or a compost facility	38987
that accepts exclusively source separated yard wastes, that	38988
commenced operation on or before July 1, 1968, has obtained an	38989
exemption from the requirements of division (A)(3) of this section	38990
in accordance with division (G) of section 3734.02 of the Revised	38991
Code, the owner or operator shall submit to the director an	38992
application for a permit with accompanying engineering detail	38993
plans, specifications, and information regarding the facility and	38994
its method of operation for approval under rules adopted under	38995
division (A) of section 3734.02 of the Revised Code and applicable	38996
rules adopted under division (D) of section 3734.12 of the Revised	38997
Code in accordance with the following schedule:	38998

(a) Not later than September 24, 1988, if the facility is	38999
located in the city of Garfield Heights or Parma in Cuyahoga	39000
county;	39001

(b) Not later than December 24, 1988, if the facility is	39002
located in Delaware, Greene, Guernsey, Hamilton, Madison,	39003
Mahoning, Ottawa, or Vinton county;	39004

(c) Not later than March 24, 1989, if the facility is located	39005
in Champaign, Clinton, Columbiana, Huron, Paulding, Stark, or	39006
Washington county, or is located in the city of Brooklyn or	39007
Cuyahoga Heights in Cuyahoga county;	39008

(d) Not later than June 24, 1989, if the facility is located	39009
in Adams, Auglaize, Coshocton, Darke, Harrison, Lorain, Lucas, or	39010
Summit county or is located in Cuyahoga county outside the cities	39011
of Garfield Heights, Parma, Brooklyn, and Cuyahoga Heights;	39012

(e) Not later than September 24, 1989, if the facility is	39013
located in Butler, Carroll, Erie, Lake, Portage, Putnam, or Ross	39014
county;	39015

(f) Not later than December 24, 1989, if the facility is	39016
located in a county not listed in divisions (A)(3)(a) to (e) of	39017
this section;	39018

(g) Notwithstanding divisions (A)(3)(a) to (f) of this	39019
section, not later than December 31, 1990, if the facility is a	39020
solid waste facility owned by a generator of solid wastes when the	39021
solid waste facility exclusively disposes of solid wastes	39022
generated at one or more premises owned by the generator	39023
regardless of whether the facility is located on a premises where	39024
the wastes are generated and if the facility disposes of more than	39025
one hundred thousand tons of solid wastes per year, provided that	39026
any such facility shall be subject to division (A)(5) of this	39027
section.	39028

(4) Except as provided in divisions (A)(8), (9), and (10) of	39029
this section, unless the owner or operator of any solid waste	39030
facility for which a permit was issued after July 1, 1968, but	39031
before January 1, 1980, has obtained an exemption from the	39032
requirements of division (A)(4) of this section under division (G)	39033
of section 3734.02 of the Revised Code, the owner or operator	39034
shall submit to the director an application for a permit with	39035
accompanying engineering detail plans, specifications, and	39036
information regarding the facility and its method of operation for	39037
approval under those rules.	39038

(5) The director may issue an order in accordance with	39039
Chapter 3745. of the Revised Code to the owner or operator of a	39040
solid waste facility requiring the person to submit to the	39041
director updated engineering detail plans, specifications, and	39042
information regarding the facility and its method of operation for	39043
approval under rules adopted under division (A) of section 3734.02	39044
of the Revised Code and applicable rules adopted under division	39045
(D) of section 3734.12 of the Revised Code if, in the director's	39046
judgment, conditions at the facility constitute a substantial	39047
threat to public health or safety or are causing or contributing	39048
to or threatening to cause or contribute to air or water pollution	39049
or soil contamination. Any person who receives such an order shall	39050
submit the updated engineering detail plans, specifications, and	39051
information to the director within one hundred eighty days after	39052
the effective date of the order.	39053

(6) The director shall act upon an application submitted	39054
under division (A)(3) or (4) of this section and any updated	39055
engineering plans, specifications, and information submitted under	39056
division (A)(5) of this section within one hundred eighty days	39057
after receiving them. If the director denies any such permit	39058
application, the order denying the application or disapproving the	39059
plans shall include the requirements that the owner or operator	39060
submit a plan for closure and post-closure care of the facility to	39061
the director for approval within six months after issuance of the	39062
order, cease accepting solid wastes for disposal or transfer at	39063
the facility, and commence closure of the facility not later than	39064
one year after issuance of the order. If the director determines	39065
that closure of the facility within that one-year period would	39066
result in the unavailability of sufficient solid waste management	39067
facility capacity within the county or joint solid waste	39068
management district in which the facility is located to dispose of	39069
or transfer the solid waste generated within the district, the	39070
director in the order of denial or disapproval may postpone	39071
commencement of closure of the facility for such period of time as	39072
the director finds necessary for the board of county commissioners	39073
or directors of the district to secure access to or for there to	39074
be constructed within the district sufficient solid waste	39075
management facility capacity to meet the needs of the district,	39076
provided that the director shall certify in the director's order	39077
that postponing the date for commencement of closure will not	39078
endanger ground water or any property surrounding the facility,	39079
allow methane gas migration to occur, or cause or contribute to	39080
any other type of environmental damage.	39081

If an emergency need for disposal capacity that may affect	39082
public health and safety exists as a result of closure of a	39083
facility under division (A)(6) of this section, the director may	39084
issue an order designating another solid waste facility to accept	39085
the wastes that would have been disposed of at the facility to be	39086
closed.	39087

(7) If the director determines that standards more stringent	39088
than those applicable in rules adopted under division (A) of	39089
section 3734.02 of the Revised Code and division (D) of section	39090
3734.12 of the Revised Code, or standards pertaining to subjects	39091
not specifically addressed by those rules, are necessary to ensure	39092
that a solid waste facility constructed at the proposed location	39093
will not cause a nuisance, cause or contribute to water pollution,	39094
or endanger public health or safety, the director may issue a	39095
permit for the facility with such terms and conditions as the	39096
director finds necessary to protect public health and safety and	39097
the environment. If a permit is issued, the director shall state	39098
in the order issuing it the specific findings supporting each such	39099
term or condition.	39100

(8) Divisions (A)(1), (2)(a), (3), and (4) of this section do	39101
not apply to a solid waste compost facility that accepts	39102
exclusively source separated yard wastes and that is registered	39103
under division (C) of section 3734.02 of the Revised Code or,	39104
unless otherwise provided in rules adopted under division (N)(3)	39105
of section 3734.02 of the Revised Code, to a solid waste compost	39106
facility if the director has adopted rules establishing an	39107
alternative system for authorizing the establishment, operation,	39108
or modification of a solid waste compost facility under that	39109
division.	39110

(9) Divisions (A)(1) to (7) of this section do not apply to	39111
scrap tire collection, storage, monocell, monofill, and recovery	39112
facilities. The approval of plans and specifications, as	39113
applicable, and the issuance of registration certificates,	39114
permits, and licenses for those facilities are subject to sections	39115
3734.75 to 3734.78 of the Revised Code, as applicable, and section	39116
3734.81 of the Revised Code.	39117

(10) Divisions (A)(3) and (4) of this section do not apply to	39118
a solid waste incinerator that was placed into operation on or	39119
before October 12, 1994, and that is not authorized to accept and	39120
treat infectious wastes pursuant to division (B) of this section.	39121

(B)(1) Each person who is engaged in the business of treating	39122
infectious wastes for profit at a treatment facility located off	39123
the premises where the wastes are generated that is in operation	39124
on August 10, 1988, and who proposes to continue operating the	39125
facility shall submit to the board of health of the health	39126
district in which the facility is located an application for a	39127
license to operate the facility.	39128

Thereafter, no person shall operate or maintain an infectious	39129
waste treatment facility without a license issued by the board of	39130
health of the health district in which the facility is located or	39131
by the director when the health district in which the facility is	39132
located is not on the approved list under section 3734.08 of the	39133
Revised Code.	39134

(2)(a) During the month of December, but before the first day	39135
of January of the next year, every person proposing to continue to	39136
operate an existing infectious waste treatment facility shall	39137
procure a license to operate the facility for that year from the	39138
board of health of the health district in which the facility is	39139
located or, if the health district is not on the approved list	39140
under section 3734.08 of the Revised Code, from the director. The	39141
application for such a license shall be submitted to the board of	39142
health or to the director, as appropriate, on or before the last	39143
day of September of the year preceding that for which the license	39144
is sought. In addition to the application fee prescribed in	39145
division (B)(2)(c) of this section, a person who submits an	39146
application after that date shall pay an additional ten per cent	39147
of the amount of the application fee for each week that the	39148
application is late. Late payment fees accompanying an application	39149
submitted to the board of health shall be credited to the special	39150
infectious waste fund of the health district created in division	39151
(C) of section 3734.06 of the Revised Code, and late payment fees	39152
accompanying an application submitted to the director shall be	39153
credited to the general revenue fund. A person who has received a	39154
license, upon sale or disposition of an infectious waste treatment	39155
facility and upon consent of the board of health and the director,	39156
may have the license transferred to another person. The board of	39157
health or the director may include such terms and conditions in a	39158
license or revision to a license as are appropriate to ensure	39159
compliance with the infectious waste provisions of this chapter	39160
and rules adopted under them.	39161

(b) Each person proposing to open a new infectious waste	39162
treatment facility or to modify an existing infectious waste	39163
treatment facility shall submit an application for a permit with	39164
accompanying detail plans and specifications to the environmental	39165
protection agency for required approval under the rules adopted by	39166
the director pursuant to section 3734.021 of the Revised Code two	39167
hundred seventy days before proposed operation of the facility and	39168
concurrently shall make application for a license with the board	39169
of health of the health district in which the facility is or is	39170
proposed to be located. Not later than ninety days after receiving	39171
a completed application under division (B)(2)(b) of this section	39172
for a permit to open a new infectious waste treatment facility or	39173
modify an existing infectious waste treatment facility to expand	39174
its treatment capacity, or receiving a completed application under	39175
division (A)(2)(a) of this section for a permit to open a new	39176
solid waste incineration facility, or modify an existing solid	39177
waste incineration facility to also treat infectious wastes or to	39178
increase its infectious waste treatment capacity, that pertains to	39179
a facility for which a notation authorizing infectious waste	39180
treatment is included or proposed to be included in the solid	39181
waste incineration facility's license pursuant to division (B)(3)	39182
of this section, the director shall hold a public hearing on the	39183
application within the county in which the new or modified	39184
infectious waste or solid waste facility is or is proposed to be	39185
located or within a contiguous county. Not less than thirty days	39186
before holding the public hearing on the application, the director	39187
shall publish notice of the hearing in each newspaper that has	39188
general circulation and that is published in the county in which	39189
the facility is or is proposed to be located. If there is no	39190
newspaper that has general circulation and that is published in	39191
the county, the director shall publish the notice in a newspaper	39192
of general circulation in the county. The notice shall contain the	39193
date, time, and location of the public hearing and a general	39194
description of the proposed new or modified facility. At the	39195
public hearing, any person may submit written or oral comments on	39196
or objections to the approval or disapproval of the application.	39197
The applicant, or a representative of the applicant who has	39198
knowledge of the location, construction, and operation of the	39199
facility, shall attend the public hearing to respond to comments	39200
or questions concerning the facility directed to the applicant or	39201
representative by the officer or employee of the environmental	39202
protection agency presiding at the hearing.	39203

(c) Each application for a permit under division (B)(2)(b) of	39204
this section shall be accompanied by a nonrefundable application	39205
fee of four hundred dollars that shall be credited to the general	39206
revenue fund. Each application for an annual license under	39207
division (B)(2)(a) of this section shall be accompanied by a	39208
nonrefundable application fee of one hundred dollars. If the	39209
application for an annual license is submitted to a board of	39210
health on the approved list under section 3734.08 of the Revised	39211
Code, the application fee shall be credited to the special	39212
infectious waste fund of the health district created in division	39213
(C) of section 3734.06 of the Revised Code. If the application for	39214
an annual license is submitted to the director, the application	39215
fee shall be credited to the general revenue fund. If a permit or	39216
license is issued, the amount of the application fee paid shall be	39217
deducted from the amount of the permit fee due under division (Q)	39218
of section 3745.11 of the Revised Code or the amount of the	39219
license fee due under division (C) of section 3734.06 of the	39220
Revised Code.	39221

(d) The owner or operator of any infectious waste treatment	39222
facility that commenced operation on or before July 1, 1968, shall	39223
submit to the director an application for a permit with	39224
accompanying engineering detail plans, specifications, and	39225
information regarding the facility and its method of operation for	39226
approval under rules adopted under section 3734.021 of the Revised	39227
Code in accordance with the following schedule:	39228

(i) Not later than December 24, 1988, if the facility is	39229
located in Delaware, Greene, Guernsey, Hamilton, Madison,	39230
Mahoning, Ottawa, or Vinton county;	39231

(ii) Not later than March 24, 1989, if the facility is	39232
located in Champaign, Clinton, Columbiana, Huron, Paulding, Stark,	39233
or Washington county, or is located in the city of Brooklyn,	39234
Cuyahoga Heights, or Parma in Cuyahoga county;	39235

(iii) Not later than June 24, 1989, if the facility is	39236
located in Adams, Auglaize, Coshocton, Darke, Harrison, Lorain,	39237
Lucas, or Summit county or is located in Cuyahoga county outside	39238
the cities of Brooklyn, Cuyahoga Heights, and Parma;	39239

(iv) Not later than September 24, 1989, if the facility is	39240
located in Butler, Carroll, Erie, Lake, Portage, Putnam, or Ross	39241
county;	39242

(v) Not later than December 24, 1989, if the facility is	39243
located in a county not listed in divisions (B)(2)(d)(i) to (iv)	39244
of this section.	39245

The owner or operator of an infectious waste treatment	39246
facility required to submit a permit application under division	39247
(B)(2)(d) of this section is not required to pay any permit	39248
application fee under division (B)(2)(c) of this section, or	39249
permit fee under division (Q) of section 3745.11 of the Revised	39250
Code, with respect thereto unless the owner or operator also	39251
proposes to modify the facility.	39252

(e) The director may issue an order in accordance with	39253
Chapter 3745. of the Revised Code to the owner or operator of an	39254
infectious waste treatment facility requiring the person to submit	39255
to the director updated engineering detail plans, specifications,	39256
and information regarding the facility and its method of operation	39257
for approval under rules adopted under section 3734.021 of the	39258
Revised Code if, in the director's judgment, conditions at the	39259
facility constitute a substantial threat to public health or	39260
safety or are causing or contributing to or threatening to cause	39261
or contribute to air or water pollution or soil contamination. Any	39262
person who receives such an order shall submit the updated	39263
engineering detail plans, specifications, and information to the	39264
director within one hundred eighty days after the effective date	39265
of the order.	39266

(f) The director shall act upon an application submitted	39267
under division (B)(2)(d) of this section and any updated	39268
engineering plans, specifications, and information submitted under	39269
division (B)(2)(e) of this section within one hundred eighty days	39270
after receiving them. If the director denies any such permit	39271
application or disapproves any such updated engineering plans,	39272
specifications, and information, the director shall include in the	39273
order denying the application or disapproving the plans the	39274
requirement that the owner or operator cease accepting infectious	39275
wastes for treatment at the facility.	39276

(3) Division (B) of this section does not apply to an	39277
infectious waste treatment facility that meets any of the	39278
following conditions:	39279

(a) Is owned or operated by the generator of the wastes and	39280
exclusively treats, by methods, techniques, and practices	39281
established by rules adopted under division (C)(1) or (3) of	39282
section 3734.021 of the Revised Code, wastes that are generated at	39283
any premises owned or operated by that generator regardless of	39284
whether the wastes are generated on the same premises where the	39285
generator's treatment facility is located or, if the generator is	39286
a hospital as defined in section 3727.01 of the Revised Code,	39287
infectious wastes that are described in division (A)(1)(g), (h),	39288
or (i) of section 3734.021 of the Revised Code;	39289

(b) Holds a license or renewal of a license to operate a	39290
crematory facility issued under Chapter 4717. and a permit issued	39291
under Chapter 3704. of the Revised Code;	39292

(c) Treats or disposes of dead animals or parts thereof, or	39293
the blood of animals, and is subject to any of the following:	39294

(i) Inspection under the "Federal Meat Inspection Act," 81	39295
Stat. 584 (1967), 21 U.S.C.A. 603, as amended;	39296

(ii) Chapter 918. of the Revised Code;

39297

(iii) Chapter 953. of the Revised Code.

39298

Nothing in division (B) of this section requires a facility	39299
that holds a license issued under division (A) of this section as	39300
a solid waste facility and that also treats infectious wastes by	39301
the same method, technique, or process to obtain a license under	39302
division (B) of this section as an infectious waste treatment	39303
facility. However, the solid waste facility license for the	39304
facility shall include the notation that the facility also treats	39305
infectious wastes.	39306

On and after the effective date of the amendments to the	39307
rules adopted under division (C)(2) of section 3734.021 of the	39308
Revised Code that are required by Section 6 of Substitute House	39309
Bill No. 98 of the 120th General Assembly, the director shall not	39310
issue a permit to open a new solid waste incineration facility	39311
unless the proposed facility complies with the requirements for	39312
the location of new infectious waste incineration facilities	39313
established in the required amendments to those rules.	39314

(C) Except for a facility or activity described in division	39315
(E)(3) of section 3734.02 of the Revised Code, a person who	39316
proposes to establish or operate a hazardous waste facility shall	39317
submit ana complete application for a hazardous waste facility	39318
installation and operation permit and accompanying detail plans,	39319
specifications, and such information as the director may require	39320
to the environmental protection agency~~, except as provided in~~	39321
~~division (E)(2) of this section,~~ at least one hundred eighty days	39322
before the proposed beginning of operation of the facility. The	39323
applicant shall notify by certified mail the legislative authority	39324
of each municipal corporation, township, and county in which the	39325
facility is proposed to be located of the submission of the	39326
application within ten days after the submission or at such	39327
earlier time as the director may establish by rule. If the	39328
application is for a proposed new hazardous waste disposal or	39329
thermal treatment facility, the applicant also shall give actual	39330
notice of the general design and purpose of the facility to the	39331
legislative authority of each municipal corporation, township, and	39332
county in which the facility is proposed to be located at least	39333
ninety days before the permit application is submitted to the	39334
environmental protection agency.	39335

In accordance with rules adopted under section 3734.12 of the	39336
Revised Code, prior to the submission of a complete application	39337
for a hazardous waste facility installation and operation permit,	39338
the applicant shall hold at least one meeting in the township or	39339
municipal corporation in which the facility is proposed to be	39340
located, whichever is geographically closer to the proposed	39341
location of the facility. The meeting shall be open to the public	39342
and shall be held to inform the community of the proposed	39343
hazardous waste management activities and to solicit questions	39344
from the community concerning the activities.	39345

(D)(1) ~~There is hereby created the hazardous waste facility~~	39346
~~board, composed of the director of environmental protection who~~	39347
~~shall serve as chairperson, the director of natural resources, and~~	39348
~~the chairperson of the Ohio water development authority, or their~~	39349
~~respective designees, and one chemical engineer and one geologist~~	39350
~~who each shall be employed by a state university as defined in~~	39351
~~section 3345.011 of the Revised Code. The chemical engineer and~~	39352
~~geologist each shall be appointed by the governor, with the advice~~	39353
~~and consent of the senate, for a term of two years. The chemical~~	39354
~~engineer and geologist each shall receive as compensation five~~	39355
~~thousand dollars per year, plus expenses necessarily incurred in~~	39356
~~the performance of their duties.~~	39357

~~The board shall not issue any final order without the consent~~	39358
~~of at least three members.~~	39359

~~(2) The hazardous waste facility board shall do both of the~~	39360
~~following:~~	39361

~~(a) Pursuant to Chapter 119. of the Revised Code, adopt rules~~	39362
~~governing procedure to be followed in hearings before the board;~~	39363

~~(b)~~ Except as provided in section 3734.123 of the Revised	39364
Code, ~~approve or disapprove applications for a hazardous waste~~	39365
~~facility installation and operation permit for new facilities and~~	39366
~~applications for modifications to existing permits for which the~~	39367
~~board has jurisdiction as provided in division (I)(3) of this~~	39368
~~section.~~	39369

~~(3) Except as provided in section 3734.123 of the Revised~~	39370
~~Code, upon receipt of the completed application for a hazardous~~	39371
~~waste facility installation and operation permit and a preliminary~~	39372
~~determination by the staff of the environmental protection agency~~	39373
~~that the application appears to comply with agency rules and to~~	39374
~~meet the performance standards set forth in divisions (D), (I),~~	39375
~~and (J) of section 3734.12 of the Revised Code, the director shall~~	39376
~~transmit the application to the board, which shall do all of the~~	39377
~~following:~~	39378

~~(a) Promptly fix a date for a public hearing on the~~	39379
~~application, not fewer than sixty nor more than ninety days after~~	39380
~~receipt of the completed application. At the public hearing, any~~	39381
~~person may submit written or oral comments or objections to the~~	39382
~~approval or disapproval of the application. A representative of~~	39383
~~the applicant who has knowledge of the location, construction,~~	39384
~~operation, closure, and post-closure care, if applicable, of the~~	39385
~~facility shall attend the public hearing in order to respond to~~	39386
~~comments or questions concerning the facility directed to the~~	39387
~~representative by the presiding officer.~~	39388

~~(b) Give public notice of the date of the public hearing and~~	39389
~~a summary of the application in a newspaper having general~~	39390
~~circulation in the county in which the facility is proposed to be~~	39391
~~located. The notice shall contain, at a minimum, the date, time,~~	39392
~~and location of the public hearing and shall include the location~~	39393
~~and street address of, or the nearest intersection to, the~~	39394
~~proposed facility, a description of the proposed facility, and the~~	39395
~~location where copies of the application, a short statement by the~~	39396
~~applicant of the anticipated environmental impact of the facility,~~	39397
~~and a map of the facility are available for inspection.~~	39398

~~(c) Promptly fix a date for an adjudication hearing, not~~	39399
~~fewer than ninety nor more than one hundred twenty days after~~	39400
~~receipt of the completed application, at which hearing the board~~	39401
~~shall hear and decide all disputed issues between the parties~~	39402
~~respecting the approval or disapproval of the application.~~	39403

~~(4) The parties to any adjudication hearing before the board~~	39404
~~upon a completed application shall be the following:~~	39405

~~(a) The applicant;~~

39406

~~(b) The staff of the environmental protection agency;~~

39407

~~(c) The board of county commissioners of the county, the~~	39408
~~board of township trustees of the township, and the chief~~	39409
~~executive officer of the municipal corporation in which the~~	39410
~~facility is proposed to be located;~~	39411

~~(d) Any other person who would be aggrieved or adversely~~	39412
~~affected by the proposed facility and who files a petition to~~	39413
~~intervene in the adjudication hearing not later than thirty days~~	39414
~~after the date of publication of the notice required in division~~	39415
~~(D)(3)(b) of this section if the petition is granted by the board~~	39416
~~for good cause shown. The board may allow intervention by other~~	39417
~~aggrieved or adversely affected persons up to fifteen days prior~~	39418
~~to the date of the adjudication hearing for good cause shown when~~	39419
~~the intervention would not be unduly burdensome to or cause a~~	39420
~~delay in the permitting process.~~	39421

~~(5) The hazardous waste facility board shall conduct any~~	39422
~~adjudication hearing upon disputed issues in accordance with~~	39423
~~Chapter 119. of the Revised Code and the rules of the board~~	39424
~~governing the procedure of such hearings. Each party may call and~~	39425
~~examine witnesses and submit other evidence respecting the~~	39426
~~disputed issues presented by an application. A written record~~	39427
~~shall be made of the hearing and of all testimony and evidence~~	39428
~~submitted to the board~~upon receipt of a complete application for	39429
a hazardous waste facility installation and operation permit under	39430
division (C) of this section, the director shall consider the	39431
application and accompanying information to determine whether the	39432
application complies with agency rules and the requirements of	39433
division (D)(2) of this section. After making a determination, the	39434
director shall issue either a draft permit or a notice of intent	39435
to deny the permit. The director, in accordance with rules adopted	39436
under section 3734.12 of the Revised Code or with rules adopted to	39437
implement Chapter 3745. of the Revised Code, shall provide public	39438
notice of the application and the draft permit or the notice of	39439
intent to deny the permit, provide an opportunity for public	39440
comments, and, if significant interest is shown, schedule a public	39441
meeting in the county in which the facility is proposed to be	39442
located and give public notice of the date, time, and location of	39443
the public meeting in a newspaper of general circulation in that	39444
county.	39445

~~(6)~~(2) The ~~board~~director shall not approve an application	39446
for a hazardous waste facility installation and operation permit	39447
or an application for a modification under division (I)(3) of this	39448
section unless itthe director finds and determines as follows:	39449

(a) The nature and volume of the waste to be treated, stored,	39450
or disposed of at the facility;	39451

(b) That the facility complies with the director's hazardous	39452
waste standards adopted pursuant to section 3734.12 of the Revised	39453
Code;	39454

(c) That the facility represents the minimum adverse	39455
environmental impact, considering the state of available	39456
technology and the nature and economics of various alternatives,	39457
and other pertinent considerations;	39458

(d) That the facility represents the minimum risk of all of	39459
the following:	39460

(i) ~~Contamination of ground and surface waters;~~

39461

~~(ii)~~ Fires or explosions from treatment, storage, or disposal	39462
methods;	39463

~~(iii) Accident~~(ii) Release of hazardous waste during	39464
transportation of hazardous waste to or from the facility;	39465

~~(iv) Impact~~(iii) Adverse impact on the public health and	39466
safety;	39467

~~(v) Air pollution;~~

39468

~~(vi) Soil contamination~~.

39469

(e) That the facility will comply with this chapter and	39470
Chapters 3704.~~, 3734.,~~ and 6111. of the Revised Code and all rules	39471
and standards adopted under ~~those chapters~~them;	39472

(f) That if the owner of the facility, the operator of the	39473
facility, or any other person in a position with the facility from	39474
which the person may influence the installation and operation of	39475
the facility has been involved in any prior activity involving	39476
transportation, treatment, storage, or disposal of hazardous	39477
waste, that person has a history of compliance with this chapter	39478
and Chapters 3704.~~, 3734.,~~ and 6111. of the Revised Code and all	39479
rules and standards adopted under ~~those chapters~~them, the	39480
"Resource Conservation and Recovery Act of 1976," 90 Stat. 2806,	39481
42 U.S.C.A. 6921, as amended, and all regulations adopted under	39482
it, and similar laws and rules of other states if any such prior	39483
operation was located in another state that demonstrates	39484
sufficient reliability, expertise, and competency to operate a	39485
hazardous waste facility under the applicable provisions of this	39486
chapter and Chapters 3704.~~, 3734.,~~ and 6111. of the Revised Code,	39487
the applicable rules and standards adopted under ~~those chapters~~	39488
them, and terms and conditions of a hazardous waste facility	39489
installation and operation permit, given the potential for harm to	39490
the public health and safety and the environment that could result	39491
from the irresponsible operation of the facility;. For off-site	39492
facilities, as defined in section 3734.41 of the Revised Code, the	39493
director may use the investigative reports of the attorney general	39494
prepared pursuant to section 3734.42 of the Revised Code as a	39495
basis for making a finding and determination under division	39496
(D)(2)(f) of this section.	39497

(g) That the active areas within a new hazardous waste	39498
facility where acute hazardous waste as listed in 40 C.F.R. 261.33	39499
(e), as amended, or organic waste that is toxic and is listed	39500
under 40 C.F.R. 261, as amended, is being stored, treated, or	39501
disposed of and where the aggregate of the storage design capacity	39502
and the disposal design capacity of all hazardous waste in those	39503
areas is greater than two hundred fifty thousand gallons, are not	39504
located or operated within any of the following:	39505

(i) Two thousand feet of any residence, school, hospital,	39506
jail, or prison;	39507

(ii) Any naturally occurring wetland;

39508

(iii) Any flood hazard area if the applicant cannot show that	39509
the facility will be designed, constructed, operated, and	39510
maintained to prevent washout by a one-hundred-year flood ~~or that~~	39511
~~procedures will be in effect to remove the waste before flood~~	39512
~~waters can reach it~~.	39513

Division (D)~~(6)~~(2)(g) of this section does not apply to the	39514
facility of any applicant who demonstrates to the ~~board~~director	39515
that the limitations specified in that division are not necessary	39516
because of the nature or volume of the waste and the manner of	39517
management applied, the facility will impose no substantial danger	39518
to the health and safety of persons occupying the structures	39519
listed in division (D)~~(6)~~(2)(g)(i) of this section, and the	39520
facility is to be located or operated in an area where the	39521
proposed hazardous waste activities will not be incompatible with	39522
existing land uses in the area.	39523

(h) That the facility will not be located within the	39524
boundaries of a state park established or dedicated under Chapter	39525
1541. of the Revised Code, a state park purchase area established	39526
under section 1541.02 of the Revised Code, any unit of the	39527
national park system, or any property that lies within the	39528
boundaries of a national park or recreation area, but that has not	39529
been acquired or is not administered by the secretary of the	39530
United States department of the interior, located in this state,	39531
or any candidate area located in this state identified for	39532
potential inclusion in the national park system in the edition of	39533
the "national park system plan" submitted under paragraph (b) of	39534
section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16	39535
U.S.C.A. 1a-5, as amended, current at the time of filing of the	39536
application for the permit, unless the facility will be used	39537
exclusively for the storage of hazardous waste generated within	39538
the park or recreation area in conjunction with the operation of	39539
the park or recreation area. Division (D)~~(6)~~(2)(h) of this section	39540
does not apply to the facility of any applicant for modification	39541
of a permit unless the modification application proposes to	39542
increase the land area included in the facility or to increase the	39543
quantity of hazardous waste that will be treated, stored, or	39544
disposed of at the facility.	39545

~~In rendering a decision upon an application for a hazardous~~	39546
~~waste facility installation and operation permit, the board shall~~	39547
~~issue a written order and opinion, which shall include the~~	39548
~~specific findings of fact and conclusions of law that support the~~	39549
~~board's approval or disapproval of the application.~~	39550

(3) Not later than one hundred eighty days after the end of	39551
the public comment period, the director, without prior hearing,	39552
shall issue or deny the permit in accordance with Chapter 3745. of	39553
the Revised Code. If the ~~board~~director approves an application	39554
for a hazardous waste facility installation and operation permit,	39555
~~as a part of its written order, it~~the director shall issue the	39556
permit, upon such terms and conditions as the ~~board~~director finds	39557
are necessary to ensure the construction and operation of the	39558
hazardous waste facility in accordance with the standards of this	39559
section.	39560

~~(7) Any party adversely affected by an order of the hazardous~~	39561
~~waste facility board may appeal the order and decision of the~~	39562
~~board to the court of appeals of Franklin county. An appellant~~	39563
~~shall file with the board a notice of appeal, which shall~~	39564
~~designate the order appealed from. A copy of the notice also shall~~	39565
~~be filed by the appellant with the court, and a copy shall be sent~~	39566
~~by certified mail to each party to the adjudication hearing before~~	39567
~~the board. Such notices shall be filed and mailed within thirty~~	39568
~~days after the date upon which the appellant received notice from~~	39569
~~the board by certified mail of the making of the order appealed~~	39570
~~from. No appeal bond shall be required to make an appeal~~	39571
~~effective.~~	39572

~~The filing of a notice of appeal shall not operate~~	39573
~~automatically as a suspension of the order of the board. If it~~	39574
~~appears to the court that an unjust hardship to the appellant will~~	39575
~~result from the execution of the board's order pending~~	39576
~~determination of the appeal, the court may grant a suspension of~~	39577
~~the order and fix its terms.~~	39578

~~Within twenty days after receipt of the notice of appeal, the~~	39579
~~board shall prepare and file in the court the complete record of~~	39580
~~proceedings out of which the appeal arises, including any~~	39581
~~transcript of the testimony and any other evidence that has been~~	39582
~~submitted before the board. The expense of preparing and~~	39583
~~transcribing the record shall be taxed as a part of the costs of~~	39584
~~the appeal. The appellant, other than the state or a political~~	39585
~~subdivision, an agency of either, or any officer of the appellant~~	39586
~~acting in the officer's representative capacity, shall provide~~	39587
~~security for costs satisfactory to the court considering the~~	39588
~~respective interests of the parties and the public interest. Upon~~	39589
~~demand by a party, the board shall furnish, at the cost of the~~	39590
~~party requesting it, a copy of the record. If the complete record~~	39591
~~is not filed within the time provided for in this section, any~~	39592
~~party may apply to the court to have the case docketed, and the~~	39593
~~court shall order the record filed.~~	39594

~~In hearing the appeal, the court is confined to the record as~~	39595
~~certified to it by the board. The court may grant a request for~~	39596
~~the admission of additional evidence when satisfied that the~~	39597
~~additional evidence is newly discovered and could not with~~	39598
~~reasonable diligence have been ascertained prior to the hearing~~	39599
~~before the board.~~	39600

~~The court shall affirm the order complained of in the appeal~~	39601
~~if it finds, upon consideration of the entire record and such~~	39602
~~additional evidence as the court has admitted, that the order is~~	39603
~~supported by reliable, probative, and substantial evidence and is~~	39604
~~in accordance with law. In the absence of such findings, it shall~~	39605
~~reverse, vacate, or modify the order or make such other ruling as~~	39606
~~is supported by reliable, probative, and substantial evidence and~~	39607
~~is in accordance with law. The judgment of the court shall be~~	39608
~~final and conclusive unless reversed, vacated, or modified on~~	39609
~~appeal. Such appeals may be taken by any party to the appeal~~	39610
~~pursuant to the Rules of Practice of the Supreme Court and, to the~~	39611
~~extent not in conflict with those rules, Chapter 2505. of the~~	39612
~~Revised Code.~~	39613

(E)~~(1) Upon receipt of a completed application, the board~~	39614
~~shall issue a hazardous waste facility installation and operation~~	39615
~~permit for a hazardous waste facility subject to the requirements~~	39616
~~of divisions (D)(6) and (7) of this section and all applicable~~	39617
~~federal regulations if the facility for which the permit is~~	39618
~~requested satisfies all of the following:~~	39619

~~(a) Was in operation immediately prior to October 9, 1980~~;

39620

~~(b) Was in substantial compliance with applicable statutes~~	39621
~~and rules in effect immediately prior to October 9, 1980, as~~	39622
~~determined by the director;~~	39623

~~(c) Demonstrates to the board that its operations after~~	39624
~~October 9, 1980, comply with applicable performance standards~~	39625
~~adopted by the director pursuant to division (D) of section~~	39626
~~3734.12 of the Revised Code;~~	39627

~~(d) Submits a completed application for a permit under~~	39628
~~division (C) of this section within six months after October 9,~~	39629
~~1980.~~	39630

~~The board shall act on the application within twelve months~~	39631
~~after October 9, 1980.~~	39632

~~(2) A hazardous waste facility that was in operation~~	39633
~~immediately prior to October 9, 1980, may continue to operate~~	39634
~~after that date if it does all of the following:~~	39635

~~(a) Complies with performance standards adopted by the~~	39636
~~director pursuant to division (D) of section 3734.12 of the~~	39637
~~Revised Code;~~	39638

~~(b) Submits a completed application for a hazardous waste~~	39639
~~installation and operation permit under division (C) of this~~	39640
~~section within six months after October 9, 1980;~~	39641

~~(c) Obtains the permit under division (D) of this section~~	39642
~~within twelve months after October 9, 1980.~~	39643

~~(3)~~ No political subdivision of this state shall require any	39644
additional zoning or other approval, consent, permit, certificate,	39645
or condition for the construction or operation of a hazardous	39646
waste facility authorized by a hazardous waste facility	39647
installation and operation permit issued pursuant to this chapter,	39648
nor shall any political subdivision adopt or enforce any law,	39649
ordinance, or rule that in any way alters, impairs, or limits the	39650
authority granted in the permit.	39651

~~(4) After the issuance of a hazardous waste facility~~	39652
~~installation and operation permit by the board, each hazardous~~	39653
~~waste facility shall be subject to the rules and supervision of~~	39654
~~the director during the period of its operation, closure, and~~	39655
~~post-closure care, if applicable.~~	39656

(F) ~~Upon approval of the board in accordance with divisions~~	39657
~~(D) and (E) of this section, the board~~The director may issue a	39658
single hazardous waste facility installation and operation permit	39659
to a person who operates two or more adjoining facilities where	39660
hazardous waste is stored, treated, or disposed of if the	39661
application includes detail plans, specifications, and information	39662
on all facilities. For the purposes of this section, "adjoining"	39663
means sharing a common boundary, separated only by a public road,	39664
or in such proximity that the director determines that the	39665
issuance of a single permit will not create a hazard to the public	39666
health or safety or the environment.	39667

(G) No person shall falsify or fail to keep or submit any	39668
plans, specifications, data, reports, records, manifests, or other	39669
information required to be kept or submitted to the director ~~or to~~	39670
~~the hazardous waste facility board~~ by this chapter or the rules	39671
adopted under it.	39672

(H)(1) Each person who holds an installation and operation	39673
permit issued under this section and who wishes to obtain a permit	39674
renewal shall submit a completed application for an installation	39675
and operation permit renewal and any necessary accompanying	39676
general plans, detail plans, specifications, and such information	39677
as the director may require to the director no later than one	39678
hundred eighty days prior to the expiration date of the existing	39679
permit or upon a later date prior to the expiration of the	39680
existing permit if the permittee can demonstrate good cause for	39681
the late submittal. The director shall consider the application	39682
and accompanying information, inspection reports of the facility,	39683
results of performance tests, a report regarding the facility's	39684
compliance or noncompliance with the terms and conditions of its	39685
permit and rules adopted by the director under this chapter, and	39686
such other information as is relevant to the operation of the	39687
facility and shall issue a draft renewal permit or a notice of	39688
intent to deny the renewal permit. The director, in accordance	39689
with rules adopted under this section or with rules adopted to	39690
implement Chapter 3745. of the Revised Code, shall give public	39691
notice of the application and draft renewal permit or notice of	39692
intent to deny the renewal permit, provide for the opportunity for	39693
public comments within a specified time period, schedule a public	39694
meeting in the county in which the facility is located if	39695
significant interest is shown, and give public notice of the	39696
public meeting.	39697

(2) Within sixty days after the public meeting or close of	39698
the public comment period, the director, without prior hearing,	39699
shall issue or deny the renewal permit in accordance with Chapter	39700
3745. of the Revised Code. The director shall not issue a renewal	39701
permit unless the director determines that the facility under the	39702
existing permit has a history of compliance with this chapter,	39703
rules adopted under it, the existing permit, or orders entered to	39704
enforce such requirements that demonstrates sufficient	39705
reliability, expertise, and competency to operate the facility	39706
henceforth under this chapter, rules adopted under it, and the	39707
renewal permit. If the director approves an application for a	39708
renewal permit, the director shall issue the permit subject to the	39709
payment of the annual permit fee required under division (E) of	39710
section 3734.02 of the Revised Code and upon such terms and	39711
conditions as the director finds are reasonable to ensure that	39712
continued operation, maintenance, closure, and post-closure care	39713
of the hazardous waste facility are in accordance with the rules	39714
adopted under section 3734.12 of the Revised Code.	39715

(3) An installation and operation permit renewal application	39716
submitted to the director that also contains or would constitute	39717
an application for a modification shall be acted upon by the	39718
director in accordance with division (I) of this section in the	39719
same manner as an application for a modification. In approving or	39720
disapproving the renewal portion of a permit renewal application	39721
containing an application for a modification, the director shall	39722
apply the criteria established under division (H)(2) of this	39723
section.	39724

(4) An application for renewal or modification of a permit	39725
that does not contain an application for a modification as	39726
described in divisions (I)(3)(a) to (d) of this section shall not	39727
be subject to division (D)(2) of this section.	39728

(I)(1) As used in this section, "modification" means a change	39729
or alteration to a hazardous waste facility or its operations that	39730
is inconsistent with or not authorized by its existing permit or	39731
authorization to operate. Modifications shall be classified as	39732
Class 1, 2, or 3 modifications in accordance with rules adopted	39733
under division (K) of this section. Modifications classified as	39734
Class 3 modifications, in accordance with rules adopted under that	39735
division, shall be further classified by the director as either	39736
Class 3 modifications that are to be approved or disapproved by	39737
the ~~hazardous waste facility board as described in~~director under	39738
divisions (I)(3)(a) to (d) of this section or as Class 3	39739
modifications that are to be approved or disapproved by the	39740
director under division (I)(5) of this section. Not later than	39741
thirty days after receiving a request for a modification under	39742
division (I)(4) of this section that is not listed in Appendix I	39743
to 40 C.F.R. 270.42 or in rules adopted under division (K) of this	39744
section, the director shall classify the modification and shall	39745
notify the owner or operator of the facility requesting the	39746
modification of the classification. Notwithstanding any other law	39747
to the contrary, any modification that involves the transfer of a	39748
hazardous waste facility installation and operation permit to a	39749
new owner or operator shall be classified as a Class 3	39750
modification.	39751

(2) Except as provided in section 3734.123 of the Revised	39752
Code, a hazardous waste facility installation and operation permit	39753
may be modified at the request of the director or upon the written	39754
request of the permittee only if any of the following applies:	39755

(a) The permittee desires to accomplish alterations,	39756
additions, or deletions to the permitted facility or to undertake	39757
alterations, additions, deletions, or activities that are	39758
inconsistent with or not authorized by the existing permit;	39759

(b) New information or data justify permit conditions in	39760
addition to or different from those in the existing permit;	39761

(c) The standards, criteria, or rules upon which the existing	39762
permit is based have been changed by new, amended, or rescinded	39763
standards, criteria, or rules, or by judicial decision after the	39764
existing permit was issued, and the change justifies permit	39765
conditions in addition to or different from those in the existing	39766
permit;	39767

(d) The permittee proposes to transfer the permit to another	39768
person.	39769

(3) The director ~~has jurisdiction to~~shall approve or	39770
disapprove ~~applications~~an application for ~~Class 1 modifications,~~	39771
~~Class 2 modifications, and Class 3 modifications not otherwise~~	39772
~~described in divisions (I)(3)(a) to (d) of this section. The~~	39773
~~hazardous waste facility board has jurisdiction to approve or~~	39774
~~disapprove applications for any~~a modification in accordance with	39775
division (D)(2) of this section and rules adopted under division	39776
(K) of this section for all of the following categories of Class 3	39777
modifications:	39778

(a) Authority to conduct treatment, storage, or disposal at a	39779
site, location, or tract of land that has not been authorized for	39780
the proposed category of treatment, storage, or disposal activity	39781
by the facility's permit;	39782

(b) Modification or addition of a hazardous waste management	39783
unit, as defined in rules adopted under section 3734.12 of the	39784
Revised Code, that results in an increase in a facility's storage	39785
capacity of more than twenty-five per cent over the capacity	39786
authorized by the facility's permit, an increase in a facility's	39787
treatment rate of more than twenty-five per cent over the rate so	39788
authorized, or an increase in a facility's disposal capacity over	39789
the capacity so authorized. The authorized disposal capacity for a	39790
facility shall be calculated from the approved design plans for	39791
the disposal units at that facility. In no case during a five-year	39792
period shall a facility's storage capacity or treatment rate be	39793
modified to increase by more than twenty-five per cent in the	39794
aggregate without ~~board~~the director's approval in accordance with	39795
division (D)(2) of this section. Notwithstanding any provision of	39796
division (I) of this section to the contrary, a request for	39797
modification of a facility's annual total waste receipt limit	39798
shall be classified and approved or disapproved by the director	39799
under division (I)(5) of this section.	39800

(c) Authority to add any of the following categories of	39801
regulated activities not previously authorized at a facility by	39802
the facility's permit: storage at a facility not previously	39803
authorized to store hazardous waste, treatment at a facility not	39804
previously authorized to treat hazardous waste, or disposal at a	39805
facility not previously authorized to dispose of hazardous waste;	39806
or authority to add a category of hazardous waste management unit	39807
not previously authorized at the facility by the facility's	39808
permit. Notwithstanding any provision of division (I) of this	39809
section to the contrary, a request for authority to add or to	39810
modify an activity or a hazardous waste management unit for the	39811
purposes of performing a corrective action shall be classified and	39812
approved or disapproved by the director under division (I)(5) of	39813
this section.	39814

(d) Authority to treat, store, or dispose of waste types	39815
listed or characterized as reactive or explosive, in rules adopted	39816
under section 3734.12 of the Revised Code, or any acute hazardous	39817
waste listed in 40 C.F.R. 261.33(e), as amended, at a facility not	39818
previously authorized to treat, store, or dispose of those types	39819
of wastes by the facility's permit unless the requested authority	39820
is limited to wastes that no longer exhibit characteristics	39821
meeting the criteria for listing or characterization as reactive	39822
or explosive wastes, or for listing as acute hazardous waste, but	39823
still are required to carry those waste codes as established in	39824
rules adopted under section 3734.12 of the Revised Code because of	39825
the requirements established in 40 C.F.R. 261(a) and (e), as	39826
amended, that is, the "mixture,""derived-from," or "contained-in"	39827
regulations.	39828

(4) A written request for a modification from the permittee	39829
shall be submitted to the director and shall contain such	39830
information as is necessary to support the request. ~~The director~~	39831
~~shall transmit to the board requests for Class 3 modifications~~	39832
~~described in divisions (I)(3)(a) to (d) of this section within two~~	39833
~~hundred forty days after receiving the requests.~~ Requests for	39834
modifications shall be acted upon by the director ~~or the board, as~~	39835
~~appropriate,~~ in accordance with this section and rules adopted	39836
under it.	39837

(5) Class 1 modification applications that require prior	39838
approval of the director, as determined in accordance with rules	39839
adopted under division (K) of this section, Class 2 modification	39840
applications, and Class 3 modification applications that are not	39841
described in divisions (I)(3)(a) to (d) of this section shall be	39842
approved or disapproved by the director in accordance with rules	39843
adopted under division (K) of this section. The board of county	39844
commissioners of the county, the board of township trustees of the	39845
township, and the city manager or mayor of the municipal	39846
corporation in which a hazardous waste facility is located shall	39847
receive notification of any application for a modification for	39848
that facility and shall be considered as interested persons with	39849
respect to the director's consideration of the application.	39850

For those modification applications for a transfer of a	39851
permit to a new owner or operator of a facility, the director also	39852
shall determine that, if the transferee owner or operator has been	39853
involved in any prior activity involving the transportation,	39854
treatment, storage, or disposal of hazardous waste, the transferee	39855
owner or operator has a history of compliance with this chapter	39856
and Chapters 3704. and 6111. of the Revised Code and all rules and	39857
standards adopted under them, the "Resource Conservation and	39858
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	39859
amended, and all regulations adopted under it, and similar laws	39860
and rules of another state if the transferee owner or operator	39861
owns or operates a facility in that state, that demonstrates	39862
sufficient reliability, expertise, and competency to operate a	39863
hazardous waste facility under this chapter and Chapters 3704. and	39864
6111. of the Revised Code, all rules and standards adopted under	39865
them, and terms and conditions of a hazardous waste facility	39866
installation and operation permit, given the potential for harm to	39867
the public health and safety and the environment that could result	39868
from the irresponsible operation of the facility. A permit may be	39869
transferred to a new owner or operator only pursuant to a Class 3	39870
permit modification.	39871

As used in division (I)(5) of this section:

39872

(a) "Owner" means the person who owns a majority or	39873
controlling interest in a facility.	39874

(b) "Operator" means the person who is responsible for the	39875
overall operation of a facility.	39876

The director shall approve or disapprove an application for a	39877
Class 1 modification that requires the director's approval within	39878
sixty days after receiving the request for modification. The	39879
director shall approve or disapprove an application for a Class 2	39880
modification within three hundred days after receiving the request	39881
for modification. The director shall approve or disapprove an	39882
application for a Class 3 modification ~~that is not described in~~	39883
~~divisions (I)(3)(a) to (d) of this section~~ within three hundred	39884
sixty-five days after receiving the request for modification.	39885

(6) The approval or disapproval by the director of a Class 1	39886
modification application is not a final action that is appealable	39887
under Chapter 3745. of the Revised Code. The approval or	39888
disapproval by the director of a Class 2 modification or a Class 3	39889
modification ~~that is not described in divisions (I)(3)(a) to (d)~~	39890
~~of this section~~ is a final action that is appealable under that	39891
chapter. In approving or disapproving a request for a	39892
modification, the director shall consider all comments pertaining	39893
to the request that are received during the public comment period	39894
and the public meetings. The administrative record for appeal of a	39895
final action by the director in approving or disapproving a	39896
request for a modification shall include all comments received	39897
during the public comment period relating to the request for	39898
modification, written materials submitted at the public meetings	39899
relating to the request, and any other documents related to the	39900
director's action.	39901

(7) ~~The hazardous waste facility board shall approve or~~	39902
~~disapprove an application for a Class 3 modification transmitted~~	39903
~~to it under division (I)(4) of this section, or that portion of a~~	39904
~~permit renewal application that constitutes a Class 3 modification~~	39905
~~application so transmitted, of a hazardous waste facility~~	39906
~~installation and operation permit in accordance with division (D)~~	39907
~~of this section. No other request for a modification shall be~~	39908
~~subject to division (D)(6) of this section. No aspect of a~~	39909
~~permitted facility or its operations that is not being modified as~~	39910
~~described in division (I)(3)(a), (b), (c), or (d) of this section~~	39911
~~shall be subject to review by the board under division (D) of this~~	39912
~~section.~~	39913

~~(8)~~ Notwithstanding any other provision of law to the	39914
contrary, a change or alteration to a hazardous waste facility	39915
described in division (E)(3)(a) or (b) of section 3734.02 of the	39916
Revised Code, or its operations, is a modification for the	39917
purposes of this section. An application for a modification at	39918
such a facility shall be submitted, classified, and approved or	39919
disapproved in accordance with divisions (I)(1) to ~~(7)~~(6) of this	39920
section in the same manner as a modification to a hazardous waste	39921
facility installation and operation permit.	39922

(J)(1) Except as provided in division (J)(2) of this section,	39923
an owner or operator of a hazardous waste facility that is	39924
operating in accordance with a permit by rule under rules adopted	39925
by the director under division (E)(3)(b) of section 3734.02 of the	39926
Revised Code shall submit either a hazardous waste facility	39927
installation and operation permit application for the facility or	39928
a modification application, whichever is required under division	39929
(J)(1)(a) or (b) of this section, within one hundred eighty days	39930
after the director has requested the application or upon a later	39931
date if the owner or operator demonstrates to the director good	39932
cause for the late submittal.	39933

(a) If the owner or operator does not have a hazardous waste	39934
facility installation and operation permit for any hazardous waste	39935
treatment, storage, or disposal activities at the facility, the	39936
owner or operator shall submit an application for such a permit to	39937
the director for the activities authorized by the permit by rule.	39938
Notwithstanding any other provision of law to the contrary, the	39939
director shall approve or disapprove the application for the	39940
permit in accordance with the procedures governing the approval or	39941
disapproval of permit renewals under division (H) of this section.	39942

(b) If the owner or operator has a hazardous waste facility	39943
installation and operation permit for hazardous waste treatment,	39944
storage, or disposal activities at the facility other than those	39945
authorized by the permit by rule, the owner or operator shall	39946
submit to the director a request for modification in accordance	39947
with division (I) of this section. Notwithstanding any other	39948
provision of law to the contrary, the director shall approve or	39949
disapprove the modification application in accordance with ~~rules~~	39950
~~adopted under~~ division ~~(K)~~(I)(5) of this section.	39951

(2) The owner or operator of a boiler or industrial furnace	39952
that is conducting thermal treatment activities in accordance with	39953
a permit by rule under rules adopted by the director under	39954
division (E)(3)(b) of section 3734.02 of the Revised Code shall	39955
submit a hazardous waste facility installation and operation	39956
permit application if the owner or operator does not have such a	39957
permit for any hazardous waste treatment, storage, or disposal	39958
activities at the facility or, if the owner or operator has such a	39959
permit for hazardous waste treatment, storage, or disposal	39960
activities at the facility other than thermal treatment activities	39961
authorized by the permit by rule, a modification application to	39962
add those activities authorized by the permit by rule, whichever	39963
is applicable, within one hundred eighty days after the director	39964
has requested the submission of the application or upon a later	39965
date if the owner or operator demonstrates to the director good	39966
cause for the late submittal. The application shall be accompanied	39967
by information necessary to support the request. The ~~hazardous~~	39968
~~waste facility board~~director shall approve or disapprove ~~the~~an	39969
application for a hazardous waste facility installation and	39970
operation permit in accordance with division (D) of this section	39971
and approve or disapprove an application for a modification in	39972
accordance with division (I)(3) of this section, except that the	39973
~~board~~director shall not disapprove an application for the thermal	39974
treatment activities on the basis of the criteria set forth in	39975
division (D)~~(6)~~(2)(g) or (h) of this section.	39976

(3) As used in division (J) of this section:

39977

(a) "Modification application" means a request for a	39978
modification submitted in accordance with division (I) of this	39979
section.	39980

(b) "Thermal treatment,""boiler," and "industrial furnace"	39981
have the same meanings as in rules adopted under section 3734.12	39982
of the Revised Code.	39983

(K) The director shall adopt, and may amend, suspend, or	39984
rescind, rules in accordance with Chapter 119. of the Revised Code	39985
in order to implement divisions (H) and (I) of this section.	39986
Except when in actual conflict with this section, rules governing	39987
the classification of and procedures for the modification of	39988
hazardous waste facility installation and operation permits shall	39989
be substantively and procedurally identical to the regulations	39990
governing hazardous waste facility permitting and permit	39991
modifications adopted under the "Resource Conservation and	39992
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	39993
amended.	39994

Sec. 3734.12. The director of environmental protection shall	39995
adopt and may amend, suspend, and rescind rules in accordance with	39996
Chapter 119. of the Revised Code, which shall be consistent with	39997
and equivalent to the regulations adopted under the "Resource	39998
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A.	39999
6921, as amended, except for rules adopted under divisions (D) and	40000
(F) of this section governing solid waste facilities and except as	40001
otherwise provided in this chapter, doing all of the following:	40002

(A) Adopting the criteria and procedures established under	40003
the "Resource Conservation and Recovery Act of 1976," 90 Stat.	40004
2806, 42 U.S.C.A. 6921, as amended, for identifying hazardous	40005
waste. The director shall prepare, revise when appropriate, and	40006
publish a list of substances or categories of substances	40007
identified to be hazardous using the criteria specified in 40	40008
C.F.R. 261, as amended, which shall be composed of at least those	40009
substances identified as hazardous pursuant to section 3001(B) of	40010
that act. The director shall not list any waste that the	40011
administrator of the United States environmental protection agency	40012
delisted or excluded by an amendment to the federal regulations,	40013
any waste that the administrator declined to list by publishing a	40014
denial of a rulemaking petition or by withdrawal of a proposed	40015
listing in the United States federal register after May 18, 1980,	40016
or any waste oil or polychlorinated biphenyl not listed by the	40017
administrator.	40018

(B) Establishing standards for generators of hazardous waste	40019
necessary to protect human health or safety or the environment in	40020
accordance with this chapter, including, but not limited to,	40021
requirements respecting all of the following:	40022

(1) Record-keeping practices that accurately identify the	40023
quantities of hazardous waste generated, the constituents that are	40024
significant in quantity or in potential harm to human health or	40025
safety or the environment, and the disposition of the waste;	40026

(2) Labeling of containers used for storage, transportation,	40027
or disposal of hazardous waste to identify the waste accurately;	40028

(3) Use of appropriate containers for hazardous waste;

40029

(4) Providing information on the general chemical composition	40030
of hazardous waste to persons transporting, treating, storing, or	40031
disposing of the waste;	40032

(5) A manifest system requiring a manifest consistent with	40033
that prescribed under the "Resource Conservation and Recovery Act	40034
of 1976," 90 Stat. 2795, 42 U.S.C.A. 6901, as amended, requiring a	40035
manifest for any hazardous waste transported off the premises	40036
where generated and assuring that all hazardous waste that is	40037
transported off the premises where generated is designated for	40038
treatment, storage, or disposal in facilities for which a permit	40039
has been issued or in the other facilities specified in division	40040
(F) of section 3734.02 of the Revised Code;	40041

(6) Submission of such reports to the director as the	40042
director determines necessary;	40043

(7) Establishment of quality control and testing procedures	40044
that ensure compliance with the rules adopted under this section;	40045

(8) Obtainment of a United States environmental protection	40046
agency identification number.	40047

(C) Establishing standards for transporters of hazardous	40048
waste necessary to protect human health or safety or the	40049
environment in accordance with this chapter, including, but not	40050
limited to, requirements respecting all of the following:	40051

(1) Record-keeping concerning hazardous waste transported,	40052
including source and delivery points;	40053

(2) Submission of such reports to the director as the	40054
director determines necessary;	40055

(3) Transportation of only properly labeled waste;

40056

(4) Compliance with the manifest system required by division	40057
(B) of this section;	40058

(5) Transportation of hazardous waste only to the treatment,	40059
storage, or disposal facility that the shipper designates on the	40060
manifest to be a facility holding a permit or another facility	40061
specified in division (F) of section 3734.02 of the Revised Code;	40062

(6) Contingency plans to minimize unanticipated damage from	40063
transportation of hazardous waste;	40064

(7) Financial responsibility, including, but not limited to,	40065
provisions requiring a financial mechanism to cover the costs of	40066
spill cleanup and liability for sudden accidental occurrences that	40067
result in damage to persons, property, or the environment;	40068

(8) Obtainment of a United States environmental protection	40069
agency identification number.	40070

In the case of any hazardous waste that is subject to the	40071
"Hazardous Materials Transportation Act," 88 Stat. 2156 (1975), 49	40072
U.S.C.A. 1801, as amended, the rules shall be consistent with that	40073
act and regulations adopted under it.	40074

(D) Establishing performance standards for owners and	40075
operators of hazardous waste facilities and owners and operators	40076
of solid waste facilities, necessary to protect human health or	40077
safety or the environment in accordance with this chapter,	40078
including, but not limited to, requirements respecting all of the	40079
following:	40080

(1) Maintaining records of all hazardous waste that is	40081
treated, stored, or disposed of and of the manner in which the	40082
waste was treated, stored, or disposed of or records of all solid	40083
wastes transferred or disposed of and of the manner in which the	40084
wastes were disposed of;	40085

(2) Submission of such reports to the director as the	40086
director determines necessary;	40087

(3) Reporting, monitoring, inspection, and, except with	40088
respect to solid waste facilities, compliance with the manifest	40089
system referred to in division (B) of this section;	40090

(4) Treatment, storage, or disposal of all hazardous waste	40091
received by methods, techniques, and practices approved by the	40092
director and disposal or transfer of all solid wastes received by	40093
methods, techniques, and practices approved by the director;	40094

(5) Location, design, and construction of hazardous waste	40095
facilities and location, design, and construction of solid waste	40096
facilities;	40097

(6) Contingency plans for effective action to minimize	40098
unanticipated damage from treatment, storage, or disposal of	40099
hazardous waste and the disposal or transfer of solid wastes;	40100

(7) Ownership, continuity of operation, training for	40101
personnel, and financial responsibility, including the filing of	40102
closure and post-closure financial assurance, if applicable. No	40103
private entity shall be precluded by reason of these requirements	40104
from the ownership or operation of facilities providing hazardous	40105
waste treatment, storage, or disposal services if the entity can	40106
provide assurances of financial responsibility and continuity of	40107
operation consistent with the degree and duration of risks	40108
associated with the treatment, storage, or disposal of specified	40109
hazardous waste.	40110

(8) Closure and post-closure care of a hazardous waste	40111
facility where hazardous waste will no longer be treated, stored,	40112
or disposed of and of a solid waste facility where solid wastes	40113
will no longer be disposed of or transferred;	40114

(9) Establishment of quality control and testing procedures	40115
that ensure compliance with the rules adopted under this section;	40116

(10) Obtainment of a United States environmental protection	40117
agency identification number for each hazardous waste treatment,	40118
storage, or disposal facility;	40119

(11) Trial burns and land treatment demonstrations.

40120

The rules adopted under divisions (D) and (F) of this section	40121
pertaining to solid waste facilities do not apply to scrap tire	40122
collection, storage, monocell, monofill, and recovery facilities.	40123
Those facilities are subject to and governed by rules adopted	40124
under sections 3734.70 to 3734.73 of the Revised Code, as	40125
applicable.	40126

(E) Governing the issuance, modification, revocation,	40127
suspension, withdrawal, and denial of installation and operation	40128
permits, draft permits, and transportation certificates of	40129
registration;	40130

(F) Specifying information required to be included in	40131
applications for hazardous waste facility installation and	40132
operation permits and solid waste permits, including, but not	40133
limited to, detail plans, specifications, and information	40134
respecting all of the following:	40135

(1) The composition, quantities, and concentrations of	40136
hazardous waste and solid wastes to be stored, treated,	40137
transported, or disposed of and such other information as the	40138
director may require regarding the method of operation;	40139

(2) The facility to which the waste will be transported or	40140
where it will be stored, treated, or disposed of;	40141

(3) The closure and post-closure care of a facility where	40142
hazardous waste will no longer be treated, stored, or disposed of	40143
and of a solid waste facility where solid wastes will no longer be	40144
disposed of or transferred.	40145

(G) Establishing procedures ensuring that all information	40146
entitled to protection as trade secrets disclosed to the director	40147
or the director's authorized representative is not disclosed	40148
without the consent of the owner, except that such information may	40149
be disclosed, upon request, to authorized representatives of the	40150
United States environmental protection agency, or as required by	40151
law. As used in this section, "trade secrets" means any formula,	40152
plan, pattern, process, tool, mechanism, compound, procedure,	40153
production date, or compilation of information that is not	40154
patented, that is known only to certain individuals within a	40155
commercial concern who are using it to fabricate, produce, or	40156
compound an article, trade, or service having commercial value,	40157
and that gives its user an opportunity to obtain a business	40158
advantage over competitors who do not know or use it.	40159

(H) Prohibiting the disposal of specified hazardous wastes in	40160
this state if the director has determined both of the following:	40161

(1) The potential impacts on human health or safety or the	40162
environment are such that disposal of those wastes should not be	40163
allowed;.	40164

(2) A technically feasible and environmentally sound	40165
alternative is reasonably available, either within or outside this	40166
state, for processing, recycling, fixation of, neutralization of,	40167
or other treatment of those wastes. Such reasonable availability	40168
shall not be determined without a consideration of the costs to	40169
the generator of implementing the alternatives.	40170

The director shall adopt, and may amend, suspend, or rescind,	40171
rules to specify hazardous wastes that shall not be disposed of in	40172
accordance with this division. Nothing in this division, either	40173
prior to or after adoption of those rules, shall preclude the	40174
director ~~or the hazardous waste facility board created in section~~	40175
~~3734.05 of the Revised Code~~ from prohibiting the disposal of	40176
specified hazardous wastes at particular facilities under the	40177
terms or conditions of a permit or ~~preclude the director from~~	40178
~~prohibiting that disposal~~ by order.	40179

(I)(1)(a) Governing the following that may be more stringent	40180
than the regulations adopted under the "Resource Conservation and	40181
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	40182
amended, when the director determines that such more stringent	40183
rules are reasonable in order to protect human health or safety or	40184
the environment:	40185

(i) Specific wastes that the director determines, because of	40186
their physical, chemical, or biological characteristics, are so	40187
extremely hazardous that the storage, treatment, or disposal of	40188
the wastes in compliance with those regulations would present an	40189
imminent danger to human health or safety or the environment;	40190

(ii) The use of only properly designed, operated, and	40191
approved transfer facilities;	40192

(iii) Preventing illegitimate activities relating to the	40193
reuse, recycling, or reclaiming of hazardous waste, including	40194
record-keeping, reporting, and manifest requirements.	40195

(b) In adopting such more stringent rules, the director shall	40196
give consideration to and base the rules on evidence concerning	40197
factors including, but not limited to, the following insofar as	40198
pertinent:	40199

(i) Geography of the state;

40200

(ii) Geology of the state;

40201

(iii) Hydrogeology of the state;

40202

(iv) Climate of the state;

40203

(v) Engineering and technical feasibility;

40204

(vi) Availability of alternative technologies or methods of	40205
storage, treatment, or disposal.	40206

(2) The director may require from generators and transporters	40207
of hazardous waste and from owners or operators of treatment,	40208
storage, or disposal facilities, the submission of reports in	40209
addition to those required under regulations adopted under the	40210
"Resource Conservation and Recovery Act of 1976," 90 Stat. 2806,	40211
42 U.S.C.A. 6921, as amended, to the extent that such reports	40212
contain information that the generator, transporter, or facility	40213
owner or operator is required to obtain in order to comply with	40214
the regulations adopted by the administrator of the United States	40215
environmental protection agency under the "Resource Conservation	40216
and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	40217
amended, or to the extent that such reports are required by the	40218
director to meet the requirements of division (B)(7), (D)(9), or	40219
(H) of this section or section 3734.121 of the Revised Code.	40220

(J) Governing the storage, treatment, or disposal of	40221
hazardous waste in, and the permitting, design, construction,	40222
operation, monitoring, inspection, closure, and post-closure care	40223
of, hazardous waste underground injection wells, surface	40224
impoundments, waste piles other than those composed of materials	40225
removed from the ground as part of coal or mineral extraction or	40226
cleaning processes, land treatment facilities, thermal treatment	40227
facilities, and landfills that may be more stringent than the	40228
regulations adopted under the "Resource Conservation and Recovery	40229
Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as amended,	40230
whenever the director reasonably determines that federal	40231
regulations will not adequately protect the public health or	40232
safety or the environment of this state with respect to the	40233
subject matter of the more stringent rules. Such more stringent	40234
rules shall be developed to achieve a degree of protection, as	40235
determined by the director, consistent with the degree of hazard	40236
potentially posed by the various wastes or categories of wastes to	40237
be treated, stored, or disposed of and the types of facilities at	40238
which they are to be treated, stored, or disposed of. In adopting	40239
such more stringent rules, the director shall give consideration	40240
to and base the rules on evidence concerning factors including,	40241
but not limited to, the following insofar as pertinent:	40242

(1) Geography of the state;

40243

(2) Geology of the state;

40244

(3) Hydrogeology of the state;

40245

(4) Climate of the state;

40246

(5) Engineering and technical feasibility;

40247

(6) Availability of alternative technologies or methods of	40248
storage, treatment, or disposal.	40249

(K) Establishing performance standards and other requirements	40250
necessary to protect public health and the environment from	40251
hazards associated with used oil, including, without limitation,	40252
standards and requirements respecting all of the following:	40253

(1) Material that is subject to regulation as used oil;

40254

(2) Generation of used oil;

40255

(3) Used oil collection centers and aggregation points;

40256

(4) Transportation of used oil;

40257

(5) Processing and re-refining of used oil;

40258

(6) Burning of used oil;

40259

(7) Marketing of used oil;

40260

(8) Disposal of used oil;

40261

(9) Use of used oil as a dust suppressant.

40262

Sec. 3734.123. (A) As used in this section and section	40263
3734.124 of the Revised Code, "commercial hazardous waste	40264
incinerator" means an enclosed device that treats hazardous waste	40265
by means of controlled flame combustion and that accepts for	40266
treatment hazardous waste that is generated off the premises on	40267
which the device is located by any person other than the one who	40268
owns or operates the device or one who controls, is controlled by,	40269
or is under common control with the person who owns or operates	40270
the device. "Commercial hazardous waste incinerator" does not	40271
include any "boiler" or "industrial furnace" as those terms are	40272
defined in rules adopted under section 3734.12 of the Revised	40273
Code.	40274

(B) Not sooner than three years after April 15, 1993, and	40275
triennially thereafter, the director of environmental protection	40276
shall prepare, publish, and issue as a final action an assessment	40277
of commercial hazardous waste incinerator capacity in this state.	40278
However, after the issuance as a final action of a determination	40279
under division (A) of section 3734.124 of the Revised Code that	40280
terminates the restrictions established in division (C) of this	40281
section, the director shall cease preparing, publishing, and	40282
issuing the periodic assessments required under this division. The	40283
assessment shall determine the amount of commercial hazardous	40284
waste incinerator capacity needed to manage the hazardous waste	40285
expected to be generated in this state and imported into this	40286
state for incineration at commercial hazardous waste incinerators	40287
during the next succeeding twenty calendar years. The assessment	40288
shall include at least all of the following:	40289

(1) A determination of the aggregate treatment capacity	40290
authorized at commercial hazardous waste incinerators located in	40291
this state;	40292

(2) A determination of the quantity of hazardous waste	40293
generated in this state that is being treated at commercial	40294
hazardous waste incinerators located in this state and projections	40295
of the quantity of hazardous waste generated in this state that	40296
will be treated at those facilities;	40297

(3) A determination of the quantity of hazardous waste	40298
generated outside this state that is being treated at commercial	40299
hazardous waste incinerators located in this state and projections	40300
of the quantity of hazardous waste generated outside this state	40301
that will be treated at those facilities;	40302

(4) A determination of the quantity of hazardous waste	40303
generated in this state that is being treated at commercial	40304
hazardous waste incinerators located outside this state, and	40305
projections of the quantity of hazardous waste generated in this	40306
state that will be treated at those facilities;	40307

(5) The amount of commercial hazardous waste incinerator	40308
capacity that the director reasonably anticipates will be needed	40309
during the first three years of the planning period to treat	40310
hazardous waste generated from the remediation of sites in this	40311
state that are on the national priority list required under the	40312
"Comprehensive Environmental Response, Compensation, and Liability	40313
Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as amended; as a	40314
result of corrective actions implemented under the "Resource	40315
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A.	40316
6921, as amended; and as a result of clean-up activities conducted	40317
at sites listed on the master sites list prepared by the	40318
environmental protection agency;	40319

(6) Based upon available data, provided that the data are	40320
reliable and are compatible with the data base of the	40321
environmental protection agency, an identification of any	40322
hazardous waste first listed as a hazardous waste in regulations	40323
adopted under the "Resource Conservation and Recovery Act of	40324
1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as amended, on or after	40325
April 15, 1993, and of any hazardous waste that has been proposed	40326
for such listing by publication of a notice in the federal	40327
register on or before December 1 of the year immediately preceding	40328
the triennial assessment;	40329

(7) An analysis of other factors that may result in capacity	40330
changes over the period addressed by the assessment.	40331

(C) Except as otherwise provided in section 3734.124 of the	40332
Revised Code, none of the following shall occur on or after April	40333
15, 1993:	40334

(1) The director shall not do any of the following:

40335

(a) ~~Pursuant to division (D)(3) or (I)(4) of section 3734.05~~	40336
~~of the Revised Code, as applicable, transmit to the hazardous~~	40337
~~waste facility board created in that section any application for a~~	40338
Issue any hazardous waste facility installation and operation	40339
permit under division (D) of section 3734.05 of the Revised Code	40340
for the establishment of a new commercial hazardous waste	40341
incinerator, or ~~any request for a modification, as described in~~	40342
~~divisions (I)(3)(a) to (d) of section 3734.05 of the Revised Code,~~	40343
~~of an existing commercial hazardous waste incinerator to increase~~	40344
~~either the treatment capacity of the incinerator or the quantity~~	40345
~~of hazardous waste authorized to be treated by it, for which the~~	40346
~~staff of the environmental protection agency has made a~~	40347
~~preliminary determination as to whether the application or request~~	40348
~~appears to comply with the rules and standards set forth under~~	40349
~~divisions (D), (I), and (J) of section 3734.12 of the Revised~~	40350
~~Code;~~	40351

~~(b) Issue~~issue any modified hazardous waste facility	40352
installation and operation permit under division (I)~~(5)~~ of that	40353
section ~~3734.05 of the Revised Code~~ that would authorize an	40354
increase in either the treatment capacity of a commercial	40355
hazardous waste incinerator or the quantity of hazardous waste	40356
authorized to be treated by it;	40357

~~(c)~~(b) Issue any permit pursuant to rules adopted under	40358
division (F) of section 3704.03 of the Revised Code, division (J)	40359
of section 6111.03 of the Revised Code, or the solid waste	40360
provisions of this chapter and rules adopted under those	40361
provisions, that is necessary for the establishment, modification,	40362
or operation of any appurtenant facility or equipment that is	40363
necessary for the operation of a new commercial hazardous waste	40364
incinerator, or the modification of such an existing incinerator	40365
to increase either the treatment capacity of the incinerator or	40366
the quantity of hazardous waste that is authorized to be treated	40367
by it. Upon determining that an application for any permit	40368
pertains to the establishment, modification, or operation of any	40369
appurtenant facility or equipment, the director shall cease	40370
reviewing the application and return the application and	40371
accompanying materials to the applicant along with a written	40372
notice that division (C)(1)~~(c)~~(b) of this section precludes the	40373
director from reviewing and acting upon the application.	40374

~~(d)~~(c) Issue any exemption order under division (G) of	40375
section 3734.02 of the Revised Code exempting the establishment of	40376
a new commercial hazardous waste incinerator; the modification of	40377
an existing facility to increase either the treatment capacity of	40378
the incinerator or the quantity of hazardous waste that is	40379
authorized to be treated by it; or the establishment,	40380
modification, or operation of any facility or equipment	40381
appurtenant to a new or modified commercial hazardous waste	40382
incinerator, from divisions (C)(1)(a),or (b)~~, or (c)~~ or (C)(2) or	40383
~~(3)~~ of this section.	40384

(2) ~~The staff of the environmental protection agency shall~~	40385
~~not take any action under division (D)(3) of section 3734.05 of~~	40386
~~the Revised Code to review, or to make a preliminary determination~~	40387
~~of compliance with the rules and standards set forth in divisions~~	40388
~~(D), (I), and (J) of section 3734.12 of the Revised Code~~	40389
~~regarding, any~~If the director determines that an application for	40390
a hazardous waste facility installation and operation permit	40391
submitted under division (D)~~(3)~~ of section 3734.05 of the Revised	40392
Code ~~that~~ pertains to the establishment of a new commercial	40393
hazardous waste incinerator, or ~~any~~a request for a modification	40394
of an existing incinerator submitted under division (I)~~(4)~~ of that	40395
section ~~to modify an existing incinerator~~pertains to an increase	40396
of either the treatment capacity of the incinerator or the	40397
quantity of hazardous waste that is authorized to be treated by	40398
it~~. Upon determining that an application or request submitted~~	40399
~~under those divisions pertains to the establishment of a new~~	40400
~~commercial hazardous waste incinerator or the modification of an~~	40401
~~existing incinerator~~, the ~~staff of the agency~~director shall cease	40402
reviewing the application or request and shall return it and the	40403
accompanying materials to the applicant along with a written	40404
notice that division (C)(2) of this section precludes the ~~staff~~	40405
~~from reviewing or making any preliminary determination of~~	40406
~~compliance regarding~~review of the application or request.	40407

~~(3) The hazardous waste facility board created in section~~	40408
~~3734.05 of the Revised Code shall not do either of the following:~~	40409

~~(a) Approve any application for a hazardous waste facility~~	40410
~~installation and operation permit, or issue any permit, under~~	40411
~~divisions (D) and (F) of section 3734.05 of the Revised Code that~~	40412
~~authorizes the establishment and operation of a new commercial~~	40413
~~hazardous waste incinerator;~~	40414

~~(b) Approve any request to modify an existing commercial~~	40415
~~hazardous waste incinerator under divisions (D) and (I)(7) of~~	40416
~~section 3734.05 of the Revised Code that authorizes an increase in~~	40417
~~either the treatment capacity of the incinerator or the quantity~~	40418
~~of hazardous waste authorized to be treated by it.~~	40419

Sec. 3734.124. (A) Promptly after issuing a periodic	40420
assessment under division (B) of section 3734.123 of the Revised	40421
Code, the director of environmental protection shall make a	40422
determination as to whether it is necessary or appropriate to	40423
continue the restrictions established in division (C) of section	40424
3734.123 of the Revised Code during the period of time between the	40425
issuance of the assessment and the issuance of the next succeeding	40426
periodic assessment or as to whether it is necessary or	40427
appropriate to terminate the restrictions. The director shall	40428
consider all of the following when making a determination under	40429
this division:	40430

(1) The findings of the assessment;

40431

(2) The findings of an evaluation conducted by the director,	40432
in consultation with the chairperson of the state emergency	40433
response commission created in section 3750.02 of the Revised	40434
Code, regarding the capability of this state to respond to the	40435
types and frequencies of releases of hazardous waste that are	40436
likely to occur at commercial hazardous waste incinerators;	40437

(3) The effect that a new commercial hazardous waste	40438
incinerator may have on ambient air quality in this state;	40439

(4) The findings of a review of relevant information	40440
regarding the impacts of commercial hazardous waste incinerators	40441
on human health and the environment, such as health studies and	40442
risk assessments;	40443

(5) The findings of a review of the operational records of	40444
commercial hazardous waste incinerators operating in this state;	40445

(6) The findings of any review of relevant information	40446
concerning the following:	40447

(a) The cost of and access to commercial hazardous waste	40448
incinerator capacity;	40449

(b) The length of time and the regulatory review process	40450
necessary to fully permit a commercial hazardous waste	40451
incinerator;	40452

(c) Access to long-term capital investment to fund the	40453
building of a commercial hazardous waste incinerator in this	40454
state;	40455

(d) Efforts by generators of hazardous waste accepted by	40456
commercial hazardous waste incinerators to reduce the amount of	40457
hazardous waste that they generate.	40458

(7) Regulatory and legislative concerns that may include,	40459
without limitation, the provisions of paragraphs (a) and (b) of 40	40460
C.F.R. 271.4, as they existed on April 15, 1993.	40461

If, after considering all of the information and concerns	40462
that the director is required to consider under divisions (A)(1)	40463
to (7) of this section, the director determines that it is	40464
necessary or appropriate to terminate the restrictions established	40465
in division (C) of section 3734.123 of the Revised Code in order	40466
to protect human health or safety or the environment, the director	40467
shall issue as a final action a written determination to that	40468
effect. If the director determines that it is necessary or	40469
appropriate for those purposes to continue the restrictions until	40470
the issuance of the next succeeding periodic assessment under	40471
division (B) of section 3734.123 of the Revised Code, the director	40472
shall issue as a final action a written determination to that	40473
effect. After the issuance as a final action of a determination	40474
under this division that it is necessary or appropriate to	40475
terminate the restrictions established in division (C) of section	40476
3734.123 of the Revised Code, the director shall cease making the	40477
periodic determinations required under this division.	40478

(B) Beginning three years after April 15, 1993, but only on	40479
and after the date of issuance as final actions of an assessment	40480
under division (B) of section 3734.123 of the Revised Code and a	40481
determination under division (A) of this section that it is	40482
necessary or appropriate to terminate the restrictions established	40483
in division (C) of section 3734.123 of the Revised Code, ~~any of~~	40484
~~the following may occur:~~	40485

~~(1) The~~the director may do any of the following:

40486

~~(a) Pursuant to division (D)(3) or (I)(4) of section 3734.05~~	40487
~~of the Revised Code, as applicable, transmit to the hazardous~~	40488
~~waste facility board created in that section an application for a~~	40489
~~hazardous waste facility installation and operation permit that~~	40490
~~pertains to the establishment of a new commercial hazardous waste~~	40491
~~incinerator, or a request for a modification, as described in~~	40492
~~divisions (I)(3)(a) to (d) of section 3734.05 of the Revised Code,~~	40493
~~of a commercial hazardous waste incinerator to increase either the~~	40494
~~treatment capacity of the incinerator or the quantity of hazardous~~	40495
~~waste authorized to be treated by it, for which the staff of the~~	40496
~~environmental protection agency has made a preliminary~~	40497
~~determination as to whether the application or request appears to~~	40498
~~comply with the rules and standards set forth under divisions (D),~~	40499
~~(I), and (K) of section 3734.05 of the Revised Code;~~	40500

~~(b) To the extent otherwise authorized in division (I)(5) of~~	40501
~~section 3734.05 of the Revised Code, issue a modified hazardous~~	40502
~~waste facility installation and operation permit under that~~	40503
~~division that authorizes an increase in either the treatment~~	40504
~~capacity of a commercial hazardous waste incinerator or the~~	40505
~~quantity of hazardous waste authorized to be treated by it;~~	40506

~~(c)~~(1) To the extent otherwise authorized thereunder, issue	40507
any permit pursuant to rules adopted under division (F) of section	40508
3704.03 of the Revised Code, division (J) of section 6111.03 of	40509
the Revised Code, or the solid waste provisions of this chapter	40510
and rules adopted under those provisions, that is necessary for	40511
the establishment, modification, or operation of any appurtenant	40512
facility or equipment that is necessary for the operation of a new	40513
commercial hazardous waste incinerator, or for the modification of	40514
an existing incinerator to increase either the treatment capacity	40515
of the incinerator or the quantity of hazardous waste authorized	40516
to be treated by it;	40517

~~(d)~~(2) To the extent otherwise authorized in division (G) of	40518
section 3734.02 of the Revised Code, issue an order exempting the	40519
establishment of a new commercial hazardous waste incinerator; the	40520
modification of an existing incinerator to increase either the	40521
treatment capacity of the incinerator or the quantity of hazardous	40522
waste that is authorized to be treated by it; or the	40523
establishment, modification, or operation of any facility or	40524
equipment appurtenant to a new or modified commercial hazardous	40525
waste incinerator, from division (C)(1)(a),or (b)~~, or (c)~~ or	40526
(C)(2) ~~or (3)~~ of section 3734.123 of the Revised Code.	40527

~~(2) The staff of the environmental protection agency may do~~	40528
~~both of the following:~~	40529

~~(a) Pursuant to division (D)(3) or (I)(4) of section 3734.05~~	40530
~~of the Revised Code, review an application for a hazardous waste~~	40531
~~facility installation and operation permit to establish a new~~	40532
~~commercial hazardous waste incinerator or a request to modify an~~	40533
~~existing incinerator to increase either the treatment capacity of~~	40534
~~the incinerator or the quantity of hazardous waste authorized to~~	40535
~~be treated by it~~;	40536

~~(b) Pursuant to division (D)(3) or (I)(4) of section 3734.05~~	40537
~~of the Revised Code, make a preliminary determination as to~~	40538
~~whether an application for a hazardous waste facility permit to~~	40539
~~install and operate a new commercial hazardous waste incinerator~~	40540
~~or a request to modify an existing incinerator to increase either~~	40541
~~the treatment capacity of the incinerator or the quantity of~~	40542
~~hazardous waste authorized to be treated by it appears to comply~~	40543
~~with the rules and performance standards set forth under divisions~~	40544
~~(D), (I), and (J) of section 3734.12 of the Revised Code.~~	40545

(3) ~~The hazardous waste facility board may do both of the~~	40546
~~following:~~	40547

~~(a)~~ Approve or disapprove an application for a hazardous	40548
waste facility installation and operation permit, and issue a	40549
permit, under ~~divisions~~division (D) ~~and (F)~~ of section 3734.05 of	40550
the Revised Code for a new commercial hazardous waste incinerator;	40551

~~(b) Under divisions (D) and (I)(7) of that section, approve~~	40552
(4) Approve or disapprove under division (I) of section 3734.05 of	40553
the Revised Code a request to modify the permit of an existing	40554
commercial hazardous waste incinerator to increase either the	40555
treatment capacity of the incinerator or the quantity of hazardous	40556
waste authorized to be treated by it.	40557

Sec. 3734.18. (A) There are hereby levied fees on the	40558
disposal of hazardous waste to be collected according to the	40559
following schedule at each disposal facility to which ~~the~~	40560
~~hazardous waste facility board has issued~~ a hazardous waste	40561
facility installation and operation permit or ~~the director of~~	40562
~~environmental protection has issued a~~ renewal of a permit ~~pursuant~~	40563
~~to section 3734.05 of the Revised Code~~has been issued under this	40564
chapter:	40565

(1) For disposal facilities that are off-site facilities as	40566
defined in division (E) of section 3734.02 of the Revised Code,	40567
fees shall be levied at the rate of four dollars and fifty cents	40568
per ton for hazardous waste disposed of by deep well injection and	40569
nine dollars per ton for hazardous waste disposed of by land	40570
application or landfilling. The owner or operator of the facility,	40571
as a trustee for the state, shall collect the fees and forward	40572
them to the director in accordance with rules adopted under this	40573
section.	40574

(2) For disposal facilities that are on-site or satellite	40575
facilities, as defined in division (E) of section 3734.02 of the	40576
Revised Code, fees shall be levied at the rate of two dollars per	40577
ton for hazardous waste disposed of by deep well injection and	40578
four dollars per ton for hazardous waste disposed of by land	40579
application or landfilling. The maximum annual disposal fee for an	40580
on-site disposal facility that disposes of one hundred thousand	40581
tons or less of hazardous waste in a year is twenty-five thousand	40582
dollars. The maximum annual disposal fee for an on-site facility	40583
that disposes of more than one hundred thousand tons of hazardous	40584
waste in a year by land application or landfilling is fifty	40585
thousand dollars, and the maximum annual fee for an on-site	40586
facility that disposes of more than one hundred thousand tons of	40587
hazardous waste in a year by deep well injection is one hundred	40588
thousand dollars. The maximum annual disposal fee for a satellite	40589
facility that disposes of one hundred thousand tons or less of	40590
hazardous waste in a year is thirty-seven thousand five hundred	40591
dollars, and the maximum annual disposal fee for a satellite	40592
facility that disposes of more than one hundred thousand tons of	40593
hazardous waste in a year is seventy-five thousand dollars, except	40594
that a satellite facility defined under division (E)(3)(b) of	40595
section 3734.02 of the Revised Code that receives hazardous waste	40596
from a single generation site is subject to the same maximum	40597
annual disposal fees as an on-site disposal facility. The owner or	40598
operator shall pay the fee to the director each year upon the	40599
anniversary of the date of issuance of the owner's or operator's	40600
installation and operation permit during the term of that permit	40601
and any renewal permit issued under division (H) of section	40602
3734.05 of the Revised Code. If payment is late, the owner or	40603
operator shall pay an additional ten per cent of the amount of the	40604
fee for each month that it is late.	40605

(B) There are hereby levied fees at the rate of two dollars	40606
per ton on hazardous waste that is treated at treatment facilities	40607
that are not on-site or satellite facilities, as defined in	40608
division (E) of section 3734.02 of the Revised Code, to which ~~the~~	40609
~~hazardous waste facility board has issued~~ a hazardous waste	40610
facility installation and operation permit or ~~the director~~renewal	40611
of a permit has been issued ~~a renewal permit~~under this chapter,	40612
or that are not subject to the hazardous waste facility	40613
installation and operation permit requirements under rules adopted	40614
by the director.	40615

(C) There are hereby levied additional fees on the treatment	40616
and disposal of hazardous waste at the rate of ten per cent of the	40617
applicable fees prescribed in division (A) or (B) of this section	40618
for the purposes of paying the costs of municipal corporations and	40619
counties for conducting reviews of applications for hazardous	40620
waste facility installation and operation permits for proposed new	40621
or modified hazardous waste landfills within their boundaries,	40622
emergency response actions with respect to releases of hazardous	40623
waste from hazardous waste facilities within their boundaries,	40624
monitoring the operation of such hazardous waste facilities, and	40625
local waste management planning programs. The owner or operator of	40626
a facility located within a municipal corporation, as a trustee	40627
for the municipal corporation, shall collect the fees levied by	40628
this division and forward them to the treasurer of the municipal	40629
corporation or such officer as, by virtue of the charter, has the	40630
duties of the treasurer in accordance with rules adopted under	40631
this section. The owner or operator of a facility located in an	40632
unincorporated area, as a trustee of the county in which the	40633
facility is located, shall collect the fees levied by this	40634
division and forward them to the county treasurer of that county	40635
in accordance with rules adopted under this section. The owner or	40636
operator shall pay the fees levied by this division to the	40637
treasurer or such other officer of the municipal corporation or to	40638
the county treasurer each year upon the anniversary of the date of	40639
issuance of the owner's or operator's installation and operation	40640
permit during the term of that permit and any renewal permit	40641
issued under division (H) of section 3734.05 of the Revised Code.	40642
If payment is late, the owner or operator shall pay an additional	40643
ten per cent of the amount of the fee for each month that the	40644
payment is late.	40645

Moneys received by a municipal corporation under this	40646
division shall be paid into a special fund of the municipal	40647
corporation and used exclusively for the purposes of conducting	40648
reviews of applications for hazardous waste facility installation	40649
and operation permits for new or modified hazardous waste	40650
landfills located or proposed within the municipal corporation,	40651
conducting emergency response actions with respect to releases of	40652
hazardous waste from facilities located within the municipal	40653
corporation, monitoring operation of such hazardous waste	40654
facilities, and conducting waste management planning programs	40655
within the municipal corporation through employees of the	40656
municipal corporation or pursuant to contracts entered into with	40657
persons or political subdivisions. Moneys received by a board of	40658
county commissioners under this division shall be paid into a	40659
special fund of the county and used exclusively for those purposes	40660
within the unincorporated area of the county through employees of	40661
the county or pursuant to contracts entered into with persons or	40662
political subdivisions.	40663

(D) As used in this section, "treatment" or "treated" does	40664
not include any method, technique, or process designed to recover	40665
energy or material resources from the waste or to render the waste	40666
amenable for recovery. The fees levied by division (B) of this	40667
section do not apply to hazardous waste that is treated and	40668
disposed of on the same premises or by the same person.	40669

(E) The director, by rules adopted in accordance with	40670
Chapters 119. and 3745. of the Revised Code, shall prescribe any	40671
dates not specified in this section and procedures for collecting	40672
and forwarding the fees prescribed by this section and may	40673
prescribe other requirements that are necessary to carry out this	40674
section.	40675

The director shall deposit the moneys collected under	40676
divisions (A) and (B) of this section into one or more minority	40677
banks, as "minority bank" is defined in division (F)(1) of section	40678
135.04 of the Revised Code, to the credit of the hazardous waste	40679
facility management fund, which is hereby created in the state	40680
treasury, except that the director shall deposit to the credit of	40681
the underground injection control fund created in section 6111.046	40682
of the Revised Code moneys in excess of fifty thousand dollars	40683
that are collected during a fiscal year under division (A)(2) of	40684
this section from the fee levied on the disposal of hazardous	40685
waste by deep well injection at an on-site disposal facility that	40686
disposes of more than one hundred thousand tons of hazardous waste	40687
in a year.	40688

The environmental protection agency ~~and the hazardous waste~~	40689
~~facility board~~ may use moneys in the hazardous waste facility	40690
management fund for administration of the hazardous waste program	40691
established under this chapter and, in accordance with this	40692
section, may request approval by the controlling board for that	40693
use on an annual basis. In addition, the agency may use and pledge	40694
moneys in that fund for repayment of and for interest on any loans	40695
made by the Ohio water development authority to the agency for the	40696
hazardous waste program established under this chapter without the	40697
necessity of requesting approval by the controlling board, which	40698
use and pledge shall have priority over any other use of the	40699
moneys in the fund.	40700

Until September 28, 1996, the director also may use moneys in	40701
the fund to pay the start-up costs of administering Chapter 3746.	40702
of the Revised Code.	40703

If moneys in the fund that the agency uses in accordance with	40704
this chapter are reimbursed by grants or other moneys from the	40705
United States government, the grants or other moneys shall be	40706
placed in the fund.	40707

Before the agency makes any expenditure from the fund other	40708
than for repayment of and interest on any loan made by the Ohio	40709
water development authority to the agency in accordance with this	40710
section, the controlling board shall approve the expenditure.	40711

Sec. 3734.28. All moneys collected under sections 3734.122,	40712
3734.13, 3734.20, 3734.22, 3734.24, and 3734.26 of the Revised	40713
Code and natural resource damages collected by the state under the	40714
"Comprehensive Environmental Response, Compensation, and Liability	40715
Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as amended, shall	40716
be paid into the state treasury to the credit of the hazardous	40717
waste clean-up fund, which is hereby created. The environmental	40718
protection agency shall use the moneys in the fund for the	40719
purposes set forth in division (D) of section 3734.122, sections	40720
3734.19, 3734.20, 3734.21, 3734.23, 3734.25, 3734.26, and 3734.27,	40721
and, through ~~June 30, 2003~~October 15, 2005, divisions (A)(1) and	40722
(2) of section 3745.12 and Chapter 3746. of the Revised Code,	40723
including any related enforcement expenses. In addition, the	40724
agency shall use the moneys in the fund to pay the state's	40725
long-term operation and maintenance costs or matching share for	40726
actions taken under the "Comprehensive Environmental Response,	40727
Compensation, and Liability Act of 1980," as amended. If those	40728
moneys are reimbursed by grants or other moneys from the United	40729
States or any other person, the moneys shall be placed in the fund	40730
and not in the general revenue fund.	40731

Sec. 3734.42. (A)(1) Except as otherwise provided in	40732
division (E)(2) of this section, every applicant for a permit	40733
other than a permit modification or renewal shall file a	40734
disclosure statement, on a form developed by the attorney general,	40735
with the director of environmental protection and the attorney	40736
general at the same time the applicant files an application for a	40737
permit other than a permit modification or renewal with the	40738
director.	40739

(2) Any individual required to be listed in the disclosure	40740
statement shall be fingerprinted for identification and	40741
investigation purposes in accordance with procedures established	40742
by the attorney general. An individual required to be	40743
fingerprinted under this section shall not be required to be	40744
fingerprinted more than once under this section.	40745

(3) The attorney general, within one hundred eighty days	40746
after receipt of the disclosure statement from an applicant for a	40747
permit, shall prepare and transmit to the director an	40748
investigative report on the applicant, based in part upon the	40749
disclosure statement, except that this deadline may be extended	40750
for a reasonable period of time, for good cause, by the director	40751
or the attorney general. In preparing this report, the attorney	40752
general may request and receive criminal history information from	40753
the federal bureau of investigation and any other law enforcement	40754
agency or organization. The attorney general may provide such	40755
confidentiality regarding the information received from a law	40756
enforcement agency as may be imposed by that agency as a condition	40757
for providing that information to the attorney general.	40758

(4) The review of the application by the director ~~or the~~	40759
~~hazardous waste facility board~~ shall include a review of the	40760
disclosure statement and investigative report.	40761

(B) All applicants and permittees shall provide any	40762
assistance or information requested by the director or the	40763
attorney general and shall cooperate in any inquiry or	40764
investigation conducted by the attorney general and any inquiry,	40765
investigation, or hearing conducted by the director ~~or the~~	40766
~~hazardous waste facility board~~. If, upon issuance of a formal	40767
request to answer any inquiry or produce information, evidence, or	40768
testimony, any applicant or permittee, any officer, director, or	40769
partner of any business concern, or any key employee of the	40770
applicant or permittee refuses to comply, the permit of the	40771
applicant or permittee may be denied or revoked by the director or	40772
~~the board~~.	40773

(C) The attorney general may charge and collect such fees	40774
from applicants and permittees as are necessary to cover the costs	40775
of administering and enforcing the investigative procedures	40776
authorized in sections 3734.41 to 3734.47 of the Revised Code. The	40777
attorney general shall transmit moneys collected under this	40778
division to the treasurer of state to be credited to the solid and	40779
hazardous waste background investigations fund, which is hereby	40780
created in the state treasury. Moneys in the fund shall be used	40781
solely for paying the attorney general's costs of administering	40782
and enforcing the investigative procedures authorized in sections	40783
3734.41 to 3734.47 of the Revised Code.	40784

(D) Annually on the anniversary date of the submission to the	40785
director by the attorney general of the investigative report for a	40786
specific facility, or annually on another date assigned by the	40787
attorney general, the appropriate applicant, permittee, or	40788
prospective owner shall submit to the attorney general, on a form	40789
provided by the attorney general, any and all information required	40790
to be included in a disclosure statement that has changed or been	40791
added in the immediately preceding year. If, in the immediately	40792
preceding year, there have been no changes in or additions to the	40793
information required to be included in a disclosure statement, the	40794
appropriate applicant, permittee, or prospective owner shall	40795
submit to the attorney general an affidavit stating that there	40796
have been no changes in or additions to that information during	40797
that time period.	40798

Notwithstanding the requirement for an annual submission of	40799
information, the following information shall be submitted within	40800
the periods specified:	40801

(1) Information required to be included in the disclosure	40802
statement for any new officer, director, partner, or key employee,	40803
to be submitted within ninety days from the addition of the	40804
officer, director, partner, or key employee;	40805

(2) Information required to be included in a disclosure	40806
statement for any new business concern, to be submitted within	40807
ninety days from the addition of the new business concern;	40808

(3) Information regarding any new criminal conviction, to be	40809
submitted within ninety days from the judgment entry of	40810
conviction.	40811

The failure to provide such information may constitute the	40812
basis for the revocation or denial of renewal of any permit or	40813
license issued in accordance with this chapter, provided that	40814
prior to any such denial or revocation, the director shall notify	40815
the applicant or permittee of the director's intention to do so	40816
and give the applicant or permittee fourteen days from the date of	40817
the notice to explain why the information was not provided. The	40818
director shall consider this information when determining whether	40819
to revoke or deny the permit or license.	40820

Nothing in this division affects the rights of the director	40821
or the attorney general granted under sections 3734.40 to 3734.47	40822
of the Revised Code to request information from a person at any	40823
other time.	40824

(E)(1) Except as otherwise provided in division (E)(2) of	40825
this section, every permittee who is not otherwise required to	40826
file a disclosure statement shall file a disclosure statement	40827
within five years after June 24, 1988, pursuant to a schedule for	40828
submissions of disclosure statements developed by the attorney	40829
general. The schedule shall provide all permittees and holders of	40830
a license with at least one hundred eighty days' notice prior to	40831
the date upon which the statement is to be submitted. All other	40832
terms of the schedule shall be established at the discretion of	40833
the attorney general and shall not be subject to judicial review.	40834

(2) An applicant for a permit for an off-site solid waste	40835
facility that is a scrap tire storage, monocell, monofill, or	40836
recovery facility issued under section 3734.76, 3734.77, or	40837
3734.78 of the Revised Code, as applicable, shall file a	40838
disclosure statement within five years after October 29, 1993,	40839
pursuant to a schedule for submissions of disclosure statements	40840
developed by the attorney general. The schedule shall provide all	40841
such applicants with at least one hundred eighty days' notice	40842
prior to the date upon which the statement shall be submitted. All	40843
other terms of the schedule shall be established at the discretion	40844
of the attorney general and shall not be subject to judicial	40845
review.	40846

Beginning five years after October 29, 1993, an applicant for	40847
such a permit shall file a disclosure statement in accordance with	40848
division (A)(1) of this section.	40849

(3) When a permittee submits a disclosure statement at the	40850
time it submits an application for a renewal or modification of	40851
its permit, the attorney general shall remove the permittee from	40852
the submission schedule established pursuant to division (E)(1) or	40853
(2) of this section.	40854

(4) After receiving a disclosure statement under division	40855
(E)(1) or (2) of this section, the attorney general shall prepare	40856
an investigative report and transmit it to the director. The	40857
director shall review the disclosure statement and investigative	40858
report to determine whether the statement or report contains	40859
information that if submitted with a permit application would	40860
require a denial of the permit pursuant to section 3734.44 of the	40861
Revised Code. If the director determines that the statement or	40862
report contains such information, the director may revoke any	40863
previously issued permit pursuant to section 3734.45 of the	40864
Revised Code, or the director shall deny any application for a	40865
renewal of a permit or license. When the renewal of the license is	40866
being performed by a board of health, the director shall instruct	40867
the board of health about those circumstances under which the	40868
renewal is required to be denied by this section.	40869

(F)(1) Whenever there is a change in ownership of any	40870
off-site solid waste facility, including incinerators, any	40871
transfer facility, any off-site infectious waste treatment	40872
facility, or any off-site hazardous waste treatment, storage, or	40873
disposal facility, the prospective owner shall file a disclosure	40874
statement with the attorney general and the director at least one	40875
hundred eighty days prior to the proposed change in ownership.	40876
Upon receipt of the disclosure statement, the attorney general	40877
shall prepare an investigative report and transmit it to the	40878
director. The director shall review the disclosure statement and	40879
investigative report to determine whether the statement or report	40880
contains information that if submitted with a permit application	40881
would require a denial of the permit pursuant to section 3734.44	40882
of the Revised Code. If the director determines that the statement	40883
or report contains such information, the director shall disapprove	40884
the change in ownership.	40885

(2) If the parties to a change in ownership decide to proceed	40886
with the change prior to the action of the director on the	40887
disclosure statement and investigative report, the parties shall	40888
include in all contracts or other documents reflecting the change	40889
in ownership language expressly making the change in ownership	40890
subject to the approval of the director and expressly negating the	40891
change if it is disapproved by the director pursuant to division	40892
(F)(1) of this section.	40893

(3) As used in this section, "change in ownership" includes	40894
any change in the names, other than those of officers, directors,	40895
partners, or key employees, contained in the disclosure statement.	40896

Sec. 3734.44. Notwithstanding the provisions of any law to	40897
the contrary, no permit or license shall be issued or renewed by	40898
the director of environmental protection~~, the hazardous waste~~	40899
~~facility board,~~ or a board of health:	40900

(A) Unless the director~~, the hazardous waste facility board,~~	40901
or the board of health finds that the applicant, in any prior	40902
performance record in the transportation, transfer, treatment,	40903
storage, or disposal of solid wastes, infectious wastes, or	40904
hazardous waste, has exhibited sufficient reliability, expertise,	40905
and competency to operate the solid waste, infectious waste, or	40906
hazardous waste facility, given the potential for harm to human	40907
health and the environment that could result from the	40908
irresponsible operation of the facility, or, if no prior record	40909
exists, that the applicant is likely to exhibit that reliability,	40910
expertise, and competence;	40911

(B) If any individual or business concern required to be	40912
listed in the disclosure statement or shown to have a beneficial	40913
interest in the business of the applicant or the permittee, other	40914
than an equity interest or debt liability, by the investigation	40915
thereof, has been convicted of any of the following crimes under	40916
the laws of this state or equivalent laws of any other	40917
jurisdiction:	40918

(1) Murder;

40919

(2) Kidnapping;

40920

(3) Gambling;

40921

(4) Robbery;

40922

(5) Bribery;

40923

(6) Extortion;

40924

(7) Criminal usury;

40925

(8) Arson;

40926

(9) Burglary;

40927

(10) Theft and related crimes;

40928

(11) Forgery and fraudulent practices;

40929

(12) Fraud in the offering, sale, or purchase of securities;

40930

(13) Alteration of motor vehicle identification numbers;

40931

(14) Unlawful manufacture, purchase, use, or transfer of	40932
firearms;	40933

(15) Unlawful possession or use of destructive devices or	40934
explosives;	40935

(16) Violation of section 2925.03, 2925.04, 2925.05, 2925.06,	40936
2925.11, 2925.32, or 2925.37 or Chapter 3719. of the Revised Code,	40937
unless the violation is for possession of less than one hundred	40938
grams of marihuana, less than five grams of marihuana resin or	40939
extraction or preparation of marihuana resin, or less than one	40940
gram of marihuana resin in a liquid concentrate, liquid extract,	40941
or liquid distillate form;	40942

(17) Engaging in a pattern of corrupt activity under section	40943
2923.32 of the Revised Code;	40944

(18) Violation of criminal provisions of Chapter 1331. of the	40945
Revised Code;	40946

(19) Any violation of the criminal provisions of any federal	40947
or state environmental protection laws, rules, or regulations that	40948
is committed knowingly or recklessly, as defined in section	40949
2901.22 of the Revised Code;	40950

(20) Violation of Chapter 2909. of the Revised Code;

40951

(21) Any offense specified in Chapter 2921. of the Revised	40952
Code.	40953

(C) Notwithstanding division (B) of this section, no	40954
applicant shall be denied the issuance or renewal of a permit or	40955
license on the basis of a conviction of any individual or business	40956
concern required to be listed in the disclosure statement or shown	40957
to have a beneficial interest in the business of the applicant or	40958
the permittee, other than an equity interest or debt liability, by	40959
the investigation thereof for any of the offenses enumerated in	40960
that division as disqualification criteria if that applicant has	40961
affirmatively demonstrated rehabilitation of the individual or	40962
business concern by a preponderance of the evidence. If any such	40963
individual was convicted of any of the offenses so enumerated that	40964
are felonies, a permit shall be denied unless five years have	40965
elapsed since the individual was fully discharged from	40966
imprisonment and parole for the offense, from a post-release	40967
control sanction imposed under section 2967.28 of the Revised Code	40968
for the offense, or imprisonment, probation, and parole for an	40969
offense that was committed prior to the effective date of this	40970
amendment. In determining whether an applicant has affirmatively	40971
demonstrated rehabilitation, the director~~, the hazardous waste~~	40972
~~facility board,~~ or the board of health shall request a	40973
recommendation on the matter from the attorney general and shall	40974
consider and base the determination on the following factors:	40975

(1) The nature and responsibilities of the position a	40976
convicted individual would hold;	40977

(2) The nature and seriousness of the offense;

40978

(3) The circumstances under which the offense occurred;

40979

(4) The date of the offense;

40980

(5) The age of the individual when the offense was committed;

40981

(6) Whether the offense was an isolated or repeated incident;

40982

(7) Any social conditions that may have contributed to the	40983
offense;	40984

(8) Any evidence of rehabilitation, including good conduct in	40985
prison or in the community, counseling or psychiatric treatment	40986
received, acquisition of additional academic or vocational	40987
schooling, successful participation in correctional work release	40988
programs, or the recommendation of persons who have or have had	40989
the applicant under their supervision;	40990

(9) In the instance of an applicant that is a business	40991
concern, rehabilitation shall be established if the applicant has	40992
implemented formal management controls to minimize and prevent the	40993
occurrence of violations and activities that will or may result in	40994
permit or license denial or revocation or if the applicant has	40995
formalized those controls as a result of a revocation or denial of	40996
a permit or license. Those controls may include, but are not	40997
limited to, instituting environmental auditing programs to help	40998
ensure the adequacy of internal systems to achieve, maintain, and	40999
monitor compliance with applicable environmental laws and	41000
standards or instituting an antitrust compliance auditing program	41001
to help ensure full compliance with applicable antitrust laws. The	41002
business concern shall prove by a preponderance of the evidence	41003
that the management controls are effective in preventing the	41004
violations that are the subject of concern.	41005

(D) Unless the director~~, the hazardous waste facility board,~~	41006
or the board of health finds that the applicant has a history of	41007
compliance with environmental laws in this state and other	41008
jurisdictions and is presently in substantial compliance with, or	41009
on a legally enforceable schedule that will result in compliance	41010
with, environmental laws in this state and other jurisdictions.;	41011

(E) With respect to the approval of a permit, if the director	41012
~~or the hazardous waste facility board~~ determines that current	41013
prosecutions or pending charges in any jurisdiction for any of the	41014
offenses enumerated in division (B) of this section against any	41015
individual or business concern required to be listed in the	41016
disclosure statement or shown by the investigation to have a	41017
beneficial interest in the business of the applicant other than an	41018
equity interest or debt liability are of such magnitude that they	41019
prevent making the finding required under division (A) of this	41020
section, provided that at the request of the applicant or the	41021
individual or business concern charged, the director ~~or the~~	41022
~~hazardous waste facility board~~ shall defer decision upon the	41023
application during the pendency of the charge.	41024

Sec. 3734.46. Notwithstanding the disqualification of the	41025
applicant or permittee pursuant to this chapter, the director of	41026
environmental protection~~, hazardous waste facility board,~~ or the	41027
board of health may issue or renew a permit or license if the	41028
applicant or permittee severs the interest of or affiliation with	41029
the individual or business concern that would otherwise cause that	41030
disqualification or may issue or renew a license on a temporary	41031
basis for a period not to exceed six months if the director or the	41032
board of health determines that the issuance or renewal of the	41033
permit or license is necessitated by the public interest.	41034

Sec. 3734.57. (A) For the purposes of paying the state's	41035
long-term operation costs or matching share for actions taken	41036
under the "Comprehensive Environmental Response, Compensation, and	41037
Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as	41038
amended; paying the costs of measures for proper clean-up of sites	41039
where polychlorinated biphenyls and substances, equipment, and	41040
devices containing or contaminated with polychlorinated biphenyls	41041
have been stored or disposed of; paying the costs of conducting	41042
surveys or investigations of solid waste facilities or other	41043
locations where it is believed that significant quantities of	41044
hazardous waste were disposed of and for conducting enforcement	41045
actions arising from the findings of such surveys or	41046
investigations; paying the costs of acquiring and cleaning up, or	41047
providing financial assistance for cleaning up, any hazardous	41048
waste facility or solid waste facility containing significant	41049
quantities of hazardous waste, that constitutes an imminent and	41050
substantial threat to public health or safety or the environment;	41051
and, from July 1, ~~2001~~2003, through June 30, ~~2004~~2006, for the	41052
purposes of paying the costs of administering and enforcing the	41053
laws pertaining to solid wastes, infectious wastes, and	41054
construction and demolition debris, including, without limitation,	41055
ground water evaluations related to solid wastes, infectious	41056
wastes, and construction and demolition debris, under this chapter	41057
and Chapter 3714. of the Revised Code and any rules adopted under	41058
them, and paying a share of the administrative costs of the	41059
environmental protection agency pursuant to section 3745.014 of	41060
the Revised Code, the following fees are hereby levied on the	41061
disposal of solid wastes in this state:	41062

(1) One dollar per ton on and after July 1, 1993;

41063

(2) An additional ~~seventy-five cents~~one dollar per ton on	41064
and after July 1, ~~2001~~2003, through June 30, ~~2004~~2006.	41065

The owner or operator of a solid waste disposal facility	41066
shall collect the fees levied under this division as a trustee for	41067
the state and shall prepare and file with the director of	41068
environmental protection monthly returns indicating the total	41069
tonnage of solid wastes received for disposal at the gate of the	41070
facility and the total amount of the fees collected under this	41071
division. Not later than thirty days after the last day of the	41072
month to which such a return applies, the owner or operator shall	41073
mail to the director the return for that month together with the	41074
fees collected during that month as indicated on the return. The	41075
owner or operator may request an extension of not more than thirty	41076
days for filing the return and remitting the fees, provided that	41077
the owner or operator has submitted such a request in writing to	41078
the director together with a detailed description of why the	41079
extension is requested, the director has received the request not	41080
later than the day on which the return is required to be filed,	41081
and the director has approved the request. If the fees are not	41082
remitted within sixty days after the last day of the month during	41083
which they were collected, the owner or operator shall pay an	41084
additional fifty per cent of the amount of the fees for each month	41085
that they are late.	41086

One-half of the moneys remitted to the director under	41087
division (A)(1) of this section shall be credited to the hazardous	41088
waste facility management fund created in section 3734.18 of the	41089
Revised Code, and one-half shall be credited to the hazardous	41090
waste clean-up fund created in section 3734.28 of the Revised	41091
Code. The moneys remitted to the director under division (A)(2) of	41092
this section shall be credited to the solid waste fund, which is	41093
hereby created in the state treasury. The environmental protection	41094
agency shall use moneys in the solid waste fund only to pay the	41095
costs of administering and enforcing the laws pertaining to solid	41096
wastes, infectious wastes, and construction and demolition debris,	41097
including, without limitation, ground water evaluations related to	41098
solid wastes, infectious wastes, and construction and demolition	41099
debris, under this chapter and Chapter 3714. of the Revised Code	41100
and rules adopted under them and to pay a share of the	41101
administrative costs of the environmental protection agency	41102
pursuant to section 3745.014 of the Revised Code.	41103

The fees levied under this division and divisions (B) and (C)	41104
of this section are in addition to all other applicable fees and	41105
taxes and shall be added to any other fee or amount specified in a	41106
contract that is charged by the owner or operator of a solid waste	41107
disposal facility or to any other fee or amount that is specified	41108
in a contract entered into on or after March 4, 1992, and that is	41109
charged by a transporter of solid wastes.	41110

(B) For the purpose of preparing, revising, and implementing	41111
the solid waste management plan of the county or joint solid waste	41112
management district, including, without limitation, the	41113
development and implementation of solid waste recycling or	41114
reduction programs; providing financial assistance to boards of	41115
health within the district, if solid waste facilities are located	41116
within the district, for the enforcement of this chapter and rules	41117
adopted and orders and terms and conditions of permits, licenses,	41118
and variances issued under it, other than the hazardous waste	41119
provisions of this chapter and rules adopted and orders and terms	41120
and conditions of permits issued under those provisions; providing	41121
financial assistance to the county to defray the added costs of	41122
maintaining roads and other public facilities and of providing	41123
emergency and other public services resulting from the location	41124
and operation of a solid waste facility within the county under	41125
the district's approved solid waste management plan; paying the	41126
costs incurred by boards of health for collecting and analyzing	41127
water samples from public or private wells on lands adjacent to	41128
solid waste facilities that are contained in the approved or	41129
amended plan of the district; paying the costs of developing and	41130
implementing a program for the inspection of solid wastes	41131
generated outside the boundaries of this state that are disposed	41132
of at solid waste facilities included in the district's approved	41133
solid waste management plan or amended plan; providing financial	41134
assistance to boards of health within the district for enforcing	41135
laws prohibiting open dumping; providing financial assistance to	41136
local law enforcement agencies within the district for enforcing	41137
laws and ordinances prohibiting littering; providing financial	41138
assistance to boards of health of health districts within the	41139
district that are on the approved list under section 3734.08 of	41140
the Revised Code for the training and certification required for	41141
their employees responsible for solid waste enforcement by rules	41142
adopted under division (L) of section 3734.02 of the Revised Code;	41143
providing financial assistance to individual municipal	41144
corporations and townships within the district to defray their	41145
added costs of maintaining roads and other public facilities and	41146
of providing emergency and other public services resulting from	41147
the location and operation within their boundaries of a	41148
composting, energy or resource recovery, incineration, or	41149
recycling facility that either is owned by the district or is	41150
furnishing solid waste management facility or recycling services	41151
to the district pursuant to a contract or agreement with the board	41152
of county commissioners or directors of the district; and payment	41153
of any expenses that are agreed to, awarded, or ordered to be paid	41154
under section 3734.35 of the Revised Code and of any	41155
administrative costs incurred pursuant to that section, the solid	41156
waste management policy committee of a county or joint solid waste	41157
management district may levy fees upon the following activities:	41158

(1) The disposal at a solid waste disposal facility located	41159
in the district of solid wastes generated within the district;	41160

(2) The disposal at a solid waste disposal facility within	41161
the district of solid wastes generated outside the boundaries of	41162
the district, but inside this state;	41163

(3) The disposal at a solid waste disposal facility within	41164
the district of solid wastes generated outside the boundaries of	41165
this state.	41166

If any such fees are levied prior to January 1, 1994, fees	41167
levied under division (B)(1) of this section always shall be equal	41168
to one-half of the fees levied under division (B)(2) of this	41169
section, and fees levied under division (B)(3) of this section,	41170
which shall be in addition to fees levied under division (B)(2) of	41171
this section, always shall be equal to fees levied under division	41172
(B)(1) of this section, except as otherwise provided in this	41173
division. The solid waste management plan of the county or joint	41174
district approved under section 3734.521 or 3734.55 of the Revised	41175
Code and any amendments to it, or the resolution adopted under	41176
this division, as appropriate, shall establish the rates of the	41177
fees levied under divisions (B)(1), (2), and (3) of this section,	41178
if any, and shall specify whether the fees are levied on the basis	41179
of tons or cubic yards as the unit of measurement. Although the	41180
fees under divisions (A)(1) and (2) of this section are levied on	41181
the basis of tons as the unit of measurement, the solid waste	41182
management plan of the district and any amendments to it or the	41183
solid waste management policy committee in its resolution levying	41184
fees under this division may direct that the fees levied under	41185
those divisions be levied on the basis of cubic yards as the unit	41186
of measurement based upon a conversion factor of three cubic yards	41187
per ton generally or one cubic yard per ton for baled wastes if	41188
the fees under divisions (B)(1) to (3) of this section are being	41189
levied on the basis of cubic yards as the unit of measurement	41190
under the plan, amended plan, or resolution.	41191

On and after January 1, 1994, the fee levied under division	41192
(B)(1) of this section shall be not less than one dollar per ton	41193
nor more than two dollars per ton, the fee levied under division	41194
(B)(2) of this section shall be not less than two dollars per ton	41195
nor more than four dollars per ton, and the fee levied under	41196
division (B)(3) of this section shall be not more than the fee	41197
levied under division (B)(1) of this section, except as otherwise	41198
provided in this division and notwithstanding any schedule of	41199
those fees established in the solid waste management plan of a	41200
county or joint district approved under section 3734.55 of the	41201
Revised Code or a resolution adopted and ratified under this	41202
division that is in effect on that date. If the fee that a	41203
district is levying under division (B)(1) of this section on that	41204
date under its approved plan or such a resolution is less than one	41205
dollar per ton, the fee shall be one dollar per ton on and after	41206
January 1, 1994, and if the fee that a district is so levying	41207
under that division exceeds two dollars per ton, the fee shall be	41208
two dollars per ton on and after that date. If the fee that a	41209
district is so levying under division (B)(2) of this section is	41210
less than two dollars per ton, the fee shall be two dollars per	41211
ton on and after that date, and if the fee that the district is so	41212
levying under that division exceeds four dollars per ton, the fee	41213
shall be four dollars per ton on and after that date. On that	41214
date, the fee levied by a district under division (B)(3) of this	41215
section shall be equal to the fee levied under division (B)(1) of	41216
this section. Except as otherwise provided in this division, the	41217
fees established by the operation of this amendment shall remain	41218
in effect until the district's resolution levying fees under this	41219
division is amended or repealed in accordance with this division	41220
to amend or abolish the schedule of fees, the schedule of fees is	41221
amended or abolished in an amended plan of the district approved	41222
under section 3734.521 or division (A) or (D) of section 3734.56	41223
of the Revised Code, or the schedule of fees is amended or	41224
abolished through an amendment to the district's plan under	41225
division (E) of section 3734.56 of the Revised Code; the	41226
notification of the amendment or abolishment of the fees has been	41227
given in accordance with this division; and collection of the	41228
amended fees so established commences, or collection of the fees	41229
ceases, in accordance with this division.	41230

The solid waste management policy committee of a district	41231
levying fees under divisions (B)(1) to (3) of this section on	41232
October 29, 1993, under its solid waste management plan approved	41233
under section 3734.55 of the Revised Code or a resolution adopted	41234
and ratified under this division that are within the ranges of	41235
rates prescribed by this amendment, by adoption of a resolution	41236
not later than December 1, 1993, and without the necessity for	41237
ratification of the resolution under this division, may amend	41238
those fees within the prescribed ranges, provided that the	41239
estimated revenues from the amended fees will not substantially	41240
exceed the estimated revenues set forth in the district's budget	41241
for calendar year 1994. Not later than seven days after the	41242
adoption of such a resolution, the committee shall notify by	41243
certified mail the owner or operator of each solid waste disposal	41244
facility that is required to collect the fees of the adoption of	41245
the resolution and of the amount of the amended fees. Collection	41246
of the amended fees shall take effect on the first day of the	41247
first month following the month in which the notification is sent	41248
to the owner or operator. The fees established in such a	41249
resolution shall remain in effect until the district's resolution	41250
levying fees that was adopted and ratified under this division is	41251
amended or repealed, and the amendment or repeal of the resolution	41252
is ratified, in accordance with this division, to amend or abolish	41253
the fees, the schedule of fees is amended or abolished in an	41254
amended plan of the district approved under section 3734.521 or	41255
division (A) or (D) of section 3734.56 of the Revised Code, or the	41256
schedule of fees is amended or abolished through an amendment to	41257
the district's plan under division (E) of section 3734.56 of the	41258
Revised Code; the notification of the amendment or abolishment of	41259
the fees has been given in accordance with this division; and	41260
collection of the amended fees so established commences, or	41261
collection of the fees ceases, in accordance with this division.	41262

Prior to the approval of the solid waste management plan of	41263
the district under section 3734.55 of the Revised Code, the solid	41264
waste management policy committee of a district may levy fees	41265
under this division by adopting a resolution establishing the	41266
proposed amount of the fees. Upon adopting the resolution, the	41267
committee shall deliver a copy of the resolution to the board of	41268
county commissioners of each county forming the district and to	41269
the legislative authority of each municipal corporation and	41270
township under the jurisdiction of the district and shall prepare	41271
and publish the resolution and a notice of the time and location	41272
where a public hearing on the fees will be held. Upon adopting the	41273
resolution, the committee shall deliver written notice of the	41274
adoption of the resolution; of the amount of the proposed fees;	41275
and of the date, time, and location of the public hearing to the	41276
director and to the fifty industrial, commercial, or institutional	41277
generators of solid wastes within the district that generate the	41278
largest quantities of solid wastes, as determined by the	41279
committee, and to their local trade associations. The committee	41280
shall make good faith efforts to identify those generators within	41281
the district and their local trade associations, but the	41282
nonprovision of notice under this division to a particular	41283
generator or local trade association does not invalidate the	41284
proceedings under this division. The publication shall occur at	41285
least thirty days before the hearing. After the hearing, the	41286
committee may make such revisions to the proposed fees as it	41287
considers appropriate and thereafter, by resolution, shall adopt	41288
the revised fee schedule. Upon adopting the revised fee schedule,	41289
the committee shall deliver a copy of the resolution doing so to	41290
the board of county commissioners of each county forming the	41291
district and to the legislative authority of each municipal	41292
corporation and township under the jurisdiction of the district.	41293
Within sixty days after the delivery of a copy of the resolution	41294
adopting the proposed revised fees by the policy committee, each	41295
such board and legislative authority, by ordinance or resolution,	41296
shall approve or disapprove the revised fees and deliver a copy of	41297
the ordinance or resolution to the committee. If any such board or	41298
legislative authority fails to adopt and deliver to the policy	41299
committee an ordinance or resolution approving or disapproving the	41300
revised fees within sixty days after the policy committee	41301
delivered its resolution adopting the proposed revised fees, it	41302
shall be conclusively presumed that the board or legislative	41303
authority has approved the proposed revised fees.	41304

In the case of a county district or a joint district formed	41305
by two or three counties, the committee shall declare the proposed	41306
revised fees to be ratified as the fee schedule of the district	41307
upon determining that the board of county commissioners of each	41308
county forming the district has approved the proposed revised fees	41309
and that the legislative authorities of a combination of municipal	41310
corporations and townships with a combined population within the	41311
district comprising at least sixty per cent of the total	41312
population of the district have approved the proposed revised	41313
fees, provided that in the case of a county district, that	41314
combination shall include the municipal corporation having the	41315
largest population within the boundaries of the district, and	41316
provided further that in the case of a joint district formed by	41317
two or three counties, that combination shall include for each	41318
county forming the joint district the municipal corporation having	41319
the largest population within the boundaries of both the county in	41320
which the municipal corporation is located and the joint district.	41321
In the case of a joint district formed by four or more counties,	41322
the committee shall declare the proposed revised fees to be	41323
ratified as the fee schedule of the joint district upon	41324
determining that the boards of county commissioners of a majority	41325
of the counties forming the district have approved the proposed	41326
revised fees; that, in each of a majority of the counties forming	41327
the joint district, the proposed revised fees have been approved	41328
by the municipal corporation having the largest population within	41329
the county and the joint district; and that the legislative	41330
authorities of a combination of municipal corporations and	41331
townships with a combined population within the joint district	41332
comprising at least sixty per cent of the total population of the	41333
joint district have approved the proposed revised fees.	41334

For the purposes of this division, only the population of the	41335
unincorporated area of a township shall be considered. For the	41336
purpose of determining the largest municipal corporation within	41337
each county under this division, a municipal corporation that is	41338
located in more than one solid waste management district, but that	41339
is under the jurisdiction of one county or joint solid waste	41340
management district in accordance with division (A) of section	41341
3734.52 of the Revised Code shall be considered to be within the	41342
boundaries of the county in which a majority of the population of	41343
the municipal corporation resides.	41344

The committee may amend the schedule of fees levied pursuant	41345
to a resolution or amended resolution adopted and ratified under	41346
this division by adopting a resolution establishing the proposed	41347
amount of the amended fees. The committee may abolish the fees	41348
levied pursuant to such a resolution or amended resolution by	41349
adopting a resolution proposing to repeal them. Upon adopting such	41350
a resolution, the committee shall proceed to obtain ratification	41351
of the resolution in accordance with this division.	41352

Not later than fourteen days after declaring the fees or	41353
amended fees to be ratified under this division, the committee	41354
shall notify by certified mail the owner or operator of each solid	41355
waste disposal facility that is required to collect the fees of	41356
the ratification and the amount of the fees. Collection of any	41357
fees or amended fees ratified on or after March 24, 1992, shall	41358
commence on the first day of the second month following the month	41359
in which notification is sent to the owner or operator.	41360

Not later than fourteen days after declaring the repeal of	41361
the district's schedule of fees to be ratified under this	41362
division, the committee shall notify by certified mail the owner	41363
or operator of each facility that is collecting the fees of the	41364
repeal. Collection of the fees shall cease on the first day of the	41365
second month following the month in which notification is sent to	41366
the owner or operator.	41367

Not later than fourteen days after the director issues an	41368
order approving a district's solid waste management plan under	41369
section 3734.55 of the Revised Code or amended plan under division	41370
(A) or (D) of section 3734.56 of the Revised Code that establishes	41371
or amends a schedule of fees levied by the district, or the	41372
ratification of an amendment to the district's approved plan or	41373
amended plan under division (E) of section 3734.56 of the Revised	41374
Code that establishes or amends a schedule of fees, as	41375
appropriate, the committee shall notify by certified mail the	41376
owner or operator of each solid waste disposal facility that is	41377
required to collect the fees of the approval of the plan or	41378
amended plan, or the amendment to the plan, as appropriate, and	41379
the amount of the fees or amended fees. In the case of an initial	41380
or amended plan approved under section 3734.521 of the Revised	41381
Code in connection with a change in district composition, other	41382
than one involving the withdrawal of a county from a joint	41383
district, that establishes or amends a schedule of fees levied	41384
under divisions (B)(1) to (3) of this section by a district	41385
resulting from the change, the committee, within fourteen days	41386
after the change takes effect pursuant to division (G) of that	41387
section, shall notify by certified mail the owner or operator of	41388
each solid waste disposal facility that is required to collect the	41389
fees that the change has taken effect and of the amount of the	41390
fees or amended fees. Collection of any fees set forth in a plan	41391
or amended plan approved by the director on or after April 16,	41392
1993, or an amendment of a plan or amended plan under division (E)	41393
of section 3734.56 of the Revised Code that is ratified on or	41394
after April 16, 1993, shall commence on the first day of the	41395
second month following the month in which notification is sent to	41396
the owner or operator.	41397

Not later than fourteen days after the director issues an	41398
order approving a district's plan under section 3734.55 of the	41399
Revised Code or amended plan under division (A) or (D) of section	41400
3734.56 of the Revised Code that abolishes the schedule of fees	41401
levied under divisions (B)(1) to (3) of this section, or an	41402
amendment to the district's approved plan or amended plan	41403
abolishing the schedule of fees is ratified pursuant to division	41404
(E) of section 3734.56 of the Revised Code, as appropriate, the	41405
committee shall notify by certified mail the owner or operator of	41406
each facility that is collecting the fees of the approval of the	41407
plan or amended plan, or the amendment of the plan or amended	41408
plan, as appropriate, and the abolishment of the fees. In the case	41409
of an initial or amended plan approved under section 3734.521 of	41410
the Revised Code in connection with a change in district	41411
composition, other than one involving the withdrawal of a county	41412
from a joint district, that abolishes the schedule of fees levied	41413
under divisions (B)(1) to (3) of this section by a district	41414
resulting from the change, the committee, within fourteen days	41415
after the change takes effect pursuant to division (G) of that	41416
section, shall notify by certified mail the owner or operator of	41417
each solid waste disposal facility that is required to collect the	41418
fees that the change has taken effect and of the abolishment of	41419
the fees. Collection of the fees shall cease on the first day of	41420
the second month following the month in which notification is sent	41421
to the owner or operator.	41422

Except as otherwise provided in this division, if the	41423
schedule of fees that a district is levying under divisions (B)(1)	41424
to (3) of this section pursuant to a resolution or amended	41425
resolution adopted and ratified under this division, the solid	41426
waste management plan of the district approved under section	41427
3734.55 of the Revised Code, an amended plan approved under	41428
division (A) or (D) of section 3734.56 of the Revised Code, or an	41429
amendment to the district's approved plan or amended plan under	41430
division (E) of section 3734.56 of the Revised Code, is amended by	41431
the adoption and ratification of an amendment to the resolution or	41432
amended resolution or an amendment of the district's approved plan	41433
or amended plan, the fees in effect immediately prior to the	41434
approval of the plan or the amendment of the resolution, amended	41435
resolution, plan, or amended plan, as appropriate, shall continue	41436
to be collected until collection of the amended fees commences	41437
pursuant to this division.	41438

If, in the case of a change in district composition involving	41439
the withdrawal of a county from a joint district, the director	41440
completes the actions required under division (G)(1) or (3) of	41441
section 3734.521 of the Revised Code, as appropriate, forty-five	41442
days or more before the beginning of a calendar year, the policy	41443
committee of each of the districts resulting from the change that	41444
obtained the director's approval of an initial or amended plan in	41445
connection with the change, within fourteen days after the	41446
director's completion of the required actions, shall notify by	41447
certified mail the owner or operator of each solid waste disposal	41448
facility that is required to collect the district's fees that the	41449
change is to take effect on the first day of January immediately	41450
following the issuance of the notice and of the amount of the fees	41451
or amended fees levied under divisions (B)(1) to (3) of this	41452
section pursuant to the district's initial or amended plan as so	41453
approved or, if appropriate, the abolishment of the district's	41454
fees by that initial or amended plan. Collection of any fees set	41455
forth in such a plan or amended plan shall commence on the first	41456
day of January immediately following the issuance of the notice.	41457
If such an initial or amended plan abolishes a schedule of fees,	41458
collection of the fees shall cease on that first day of January.	41459

If, in the case of a change in district composition involving	41460
the withdrawal of a county from a joint district, the director	41461
completes the actions required under division (G)(1) or (3) of	41462
section 3734.521 of the Revised Code, as appropriate, less than	41463
forty-five days before the beginning of a calendar year, the	41464
director, on behalf of each of the districts resulting from the	41465
change that obtained the director's approval of an initial or	41466
amended plan in connection with the change proceedings, shall	41467
notify by certified mail the owner or operator of each solid waste	41468
disposal facility that is required to collect the district's fees	41469
that the change is to take effect on the first day of January	41470
immediately following the mailing of the notice and of the amount	41471
of the fees or amended fees levied under divisions (B)(1) to (3)	41472
of this section pursuant to the district's initial or amended plan	41473
as so approved or, if appropriate, the abolishment of the	41474
district's fees by that initial or amended plan. Collection of any	41475
fees set forth in such a plan or amended plan shall commence on	41476
the first day of the second month following the month in which	41477
notification is sent to the owner or operator. If such an initial	41478
or amended plan abolishes a schedule of fees, collection of the	41479
fees shall cease on the first day of the second month following	41480
the month in which notification is sent to the owner or operator.	41481

In the case of a change in district composition, the schedule	41482
of fees that the former districts that existed prior to the change	41483
were levying under divisions (B)(1) to (3) of this section	41484
pursuant to a resolution or amended resolution adopted and	41485
ratified under this division, the solid waste management plan of a	41486
former district approved under section 3734.521 or 3734.55 of the	41487
Revised Code, an amended plan approved under section 3734.521 or	41488
division (A) or (D) of section 3734.56 of the Revised Code, or an	41489
amendment to a former district's approved plan or amended plan	41490
under division (E) of section 3734.56 of the Revised Code, and	41491
that were in effect on the date that the director completed the	41492
actions required under division (G)(1) or (3) of section 3734.521	41493
of the Revised Code shall continue to be collected until the	41494
collection of the fees or amended fees of the districts resulting	41495
from the change is required to commence, or if an initial or	41496
amended plan of a resulting district abolishes a schedule of fees,	41497
collection of the fees is required to cease, under this division.	41498
Moneys so received from the collection of the fees of the former	41499
districts shall be divided among the resulting districts in	41500
accordance with division (B) of section 343.012 of the Revised	41501
Code and the agreements entered into under division (B) of section	41502
343.01 of the Revised Code to establish the former and resulting	41503
districts and any amendments to those agreements.	41504

For the purposes of the provisions of division (B) of this	41505
section establishing the times when newly established or amended	41506
fees levied by a district are required to commence and the	41507
collection of fees that have been amended or abolished is required	41508
to cease, "fees" or "schedule of fees" includes, in addition to	41509
fees levied under divisions (B)(1) to (3) of this section, those	41510
levied under section 3734.573 or 3734.574 of the Revised Code.	41511

(C) For the purposes of defraying the added costs to a	41512
municipal corporation or township of maintaining roads and other	41513
public facilities and of providing emergency and other public	41514
services, and compensating a municipal corporation or township for	41515
reductions in real property tax revenues due to reductions in real	41516
property valuations resulting from the location and operation of a	41517
solid waste disposal facility within the municipal corporation or	41518
township, a municipal corporation or township in which such a	41519
solid waste disposal facility is located may levy a fee of not	41520
more than twenty-five cents per ton on the disposal of solid	41521
wastes at a solid waste disposal facility located within the	41522
boundaries of the municipal corporation or township regardless of	41523
where the wastes were generated.	41524

The legislative authority of a municipal corporation or	41525
township may levy fees under this division by enacting an	41526
ordinance or adopting a resolution establishing the amount of the	41527
fees. Upon so doing the legislative authority shall mail a	41528
certified copy of the ordinance or resolution to the board of	41529
county commissioners or directors of the county or joint solid	41530
waste management district in which the municipal corporation or	41531
township is located or, if a regional solid waste management	41532
authority has been formed under section 343.011 of the Revised	41533
Code, to the board of trustees of that regional authority, the	41534
owner or operator of each solid waste disposal facility in the	41535
municipal corporation or township that is required to collect the	41536
fee by the ordinance or resolution, and the director of	41537
environmental protection. Although the fees levied under this	41538
division are levied on the basis of tons as the unit of	41539
measurement, the legislative authority, in its ordinance or	41540
resolution levying the fees under this division, may direct that	41541
the fees be levied on the basis of cubic yards as the unit of	41542
measurement based upon a conversion factor of three cubic yards	41543
per ton generally or one cubic yard per ton for baled wastes.	41544

Not later than five days after enacting an ordinance or	41545
adopting a resolution under this division, the legislative	41546
authority shall so notify by certified mail the owner or operator	41547
of each solid waste disposal facility that is required to collect	41548
the fee. Collection of any fee levied on or after March 24, 1992,	41549
shall commence on the first day of the second month following the	41550
month in which notification is sent to the owner or operator.	41551

(D)(1) The fees levied under divisions (A), (B), and (C) of	41552
this section do not apply to the disposal of solid wastes that:	41553

(a) Are disposed of at a facility owned by the generator of	41554
the wastes when the solid waste facility exclusively disposes of	41555
solid wastes generated at one or more premises owned by the	41556
generator regardless of whether the facility is located on a	41557
premises where the wastes are generated;	41558

(b) Are disposed of at facilities that exclusively dispose of	41559
wastes that are generated from the combustion of coal, or from the	41560
combustion of primarily coal in combination with scrap tires, that	41561
is not combined in any way with garbage at one or more premises	41562
owned by the generator.	41563

(2) Except as provided in section 3734.571 of the Revised	41564
Code, any fees levied under division (B)(1) of this section apply	41565
to solid wastes originating outside the boundaries of a county or	41566
joint district that are covered by an agreement for the joint use	41567
of solid waste facilities entered into under section 343.02 of the	41568
Revised Code by the board of county commissioners or board of	41569
directors of the county or joint district where the wastes are	41570
generated and disposed of.	41571

(3) When solid wastes, other than solid wastes that consist	41572
of scrap tires, are burned in a disposal facility that is an	41573
incinerator or energy recovery facility, the fees levied under	41574
divisions (A), (B), and (C) of this section shall be levied upon	41575
the disposal of the fly ash and bottom ash remaining after burning	41576
of the solid wastes and shall be collected by the owner or	41577
operator of the sanitary landfill where the ash is disposed of.	41578

(4) When solid wastes are delivered to a solid waste transfer	41579
facility, the fees levied under divisions (A), (B), and (C) of	41580
this section shall be levied upon the disposal of solid wastes	41581
transported off the premises of the transfer facility for disposal	41582
and shall be collected by the owner or operator of the solid waste	41583
disposal facility where the wastes are disposed of.	41584

(5) The fees levied under divisions (A), (B), and (C) of this	41585
section do not apply to sewage sludge that is generated by a waste	41586
water treatment facility holding a national pollutant discharge	41587
elimination system permit and that is disposed of through	41588
incineration, land application, or composting or at another	41589
resource recovery or disposal facility that is not a landfill.	41590

(6) The fees levied under divisions (A), (B), and (C) of this	41591
section do not apply to solid wastes delivered to a solid waste	41592
composting facility for processing. When any unprocessed solid	41593
waste or compost product is transported off the premises of a	41594
composting facility and disposed of at a landfill, the fees levied	41595
under divisions (A), (B), and (C) of this section shall be	41596
collected by the owner or operator of the landfill where the	41597
unprocessed waste or compost product is disposed of.	41598

(7) When solid wastes that consist of scrap tires are	41599
processed at a scrap tire recovery facility, the fees levied under	41600
divisions (A), (B), and (C) of this section shall be levied upon	41601
the disposal of the fly ash and bottom ash or other solid wastes	41602
remaining after the processing of the scrap tires and shall be	41603
collected by the owner or operator of the solid waste disposal	41604
facility where the ash or other solid wastes are disposed of.	41605

(E) The fees levied under divisions (B) and (C) of this	41606
section shall be collected by the owner or operator of the solid	41607
waste disposal facility where the wastes are disposed of as a	41608
trustee for the county or joint district and municipal corporation	41609
or township where the wastes are disposed of. Moneys from the fees	41610
levied under division (B) of this section shall be forwarded to	41611
the board of county commissioners or board of directors of the	41612
district in accordance with rules adopted under division (H) of	41613
this section. Moneys from the fees levied under division (C) of	41614
this section shall be forwarded to the treasurer or such other	41615
officer of the municipal corporation as, by virtue of the charter,	41616
has the duties of the treasurer or to the clerk of the township,	41617
as appropriate, in accordance with those rules.	41618

(F) Moneys received by the treasurer or such other officer of	41619
the municipal corporation under division (E) of this section shall	41620
be paid into the general fund of the municipal corporation. Moneys	41621
received by the clerk of the township under that division shall be	41622
paid into the general fund of the township. The treasurer or such	41623
other officer of the municipal corporation or the clerk, as	41624
appropriate, shall maintain separate records of the moneys	41625
received from the fees levied under division (C) of this section.	41626

(G) Moneys received by the board of county commissioners or	41627
board of directors under division (E) of this section or section	41628
3734.571, 3734.572, 3734.573, or 3734.574 of the Revised Code	41629
shall be paid to the county treasurer, or other official acting in	41630
a similar capacity under a county charter, in a county district or	41631
to the county treasurer or other official designated by the board	41632
of directors in a joint district and kept in a separate and	41633
distinct fund to the credit of the district. If a regional solid	41634
waste management authority has been formed under section 343.011	41635
of the Revised Code, moneys received by the board of trustees of	41636
that regional authority under division (E) of this section shall	41637
be kept by the board in a separate and distinct fund to the credit	41638
of the district. Moneys in the special fund of the county or joint	41639
district arising from the fees levied under division (B) of this	41640
section and the fee levied under division (A) of section 3734.573	41641
of the Revised Code shall be expended by the board of county	41642
commissioners or directors of the district in accordance with the	41643
district's solid waste management plan or amended plan approved	41644
under section 3734.521, 3734.55, or 3734.56 of the Revised Code	41645
exclusively for the following purposes:	41646

(1) Preparation of the solid waste management plan of the	41647
district under section 3734.54 of the Revised Code, monitoring	41648
implementation of the plan, and conducting the periodic review and	41649
amendment of the plan required by section 3734.56 of the Revised	41650
Code by the solid waste management policy committee;	41651

(2) Implementation of the approved solid waste management	41652
plan or amended plan of the district, including, without	41653
limitation, the development and implementation of solid waste	41654
recycling or reduction programs;	41655

(3) Providing financial assistance to boards of health within	41656
the district, if solid waste facilities are located within the	41657
district, for enforcement of this chapter and rules, orders, and	41658
terms and conditions of permits, licenses, and variances adopted	41659
or issued under it, other than the hazardous waste provisions of	41660
this chapter and rules adopted and orders and terms and conditions	41661
of permits issued under those provisions;	41662

(4) Providing financial assistance to each county within the	41663
district to defray the added costs of maintaining roads and other	41664
public facilities and of providing emergency and other public	41665
services resulting from the location and operation of a solid	41666
waste facility within the county under the district's approved	41667
solid waste management plan or amended plan;	41668

(5) Pursuant to contracts entered into with boards of health	41669
within the district, if solid waste facilities contained in the	41670
district's approved plan or amended plan are located within the	41671
district, for paying the costs incurred by those boards of health	41672
for collecting and analyzing samples from public or private water	41673
wells on lands adjacent to those facilities;	41674

(6) Developing and implementing a program for the inspection	41675
of solid wastes generated outside the boundaries of this state	41676
that are disposed of at solid waste facilities included in the	41677
district's approved solid waste management plan or amended plan;	41678

(7) Providing financial assistance to boards of health within	41679
the district for the enforcement of section 3734.03 of the Revised	41680
Code or to local law enforcement agencies having jurisdiction	41681
within the district for enforcing anti-littering laws and	41682
ordinances;	41683

(8) Providing financial assistance to boards of health of	41684
health districts within the district that are on the approved list	41685
under section 3734.08 of the Revised Code to defray the costs to	41686
the health districts for the participation of their employees	41687
responsible for enforcement of the solid waste provisions of this	41688
chapter and rules adopted and orders and terms and conditions of	41689
permits, licenses, and variances issued under those provisions in	41690
the training and certification program as required by rules	41691
adopted under division (L) of section 3734.02 of the Revised Code;	41692

(9) Providing financial assistance to individual municipal	41693
corporations and townships within the district to defray their	41694
added costs of maintaining roads and other public facilities and	41695
of providing emergency and other public services resulting from	41696
the location and operation within their boundaries of a	41697
composting, energy or resource recovery, incineration, or	41698
recycling facility that either is owned by the district or is	41699
furnishing solid waste management facility or recycling services	41700
to the district pursuant to a contract or agreement with the board	41701
of county commissioners or directors of the district;	41702

(10) Payment of any expenses that are agreed to, awarded, or	41703
ordered to be paid under section 3734.35 of the Revised Code and	41704
of any administrative costs incurred pursuant to that section. In	41705
the case of a joint solid waste management district, if the board	41706
of county commissioners of one of the counties in the district is	41707
negotiating on behalf of affected communities, as defined in that	41708
section, in that county, the board shall obtain the approval of	41709
the board of directors of the district in order to expend moneys	41710
for administrative costs incurred.	41711

Prior to the approval of the district's solid waste	41712
management plan under section 3734.55 of the Revised Code, moneys	41713
in the special fund of the district arising from the fees shall be	41714
expended for those purposes in the manner prescribed by the solid	41715
waste management policy committee by resolution.	41716

Notwithstanding division (G)(6) of this section as it existed	41717
prior to October 29, 1993, or any provision in a district's solid	41718
waste management plan prepared in accordance with division	41719
(B)(2)(e) of section 3734.53 of the Revised Code as it existed	41720
prior to that date, any moneys arising from the fees levied under	41721
division (B)(3) of this section prior to January 1, 1994, may be	41722
expended for any of the purposes authorized in divisions (G)(1) to	41723
(10) of this section.	41724

(H) The director shall adopt rules in accordance with Chapter	41725
119. of the Revised Code prescribing procedures for collecting and	41726
forwarding the fees levied under divisions (B) and (C) of this	41727
section to the boards of county commissioners or directors of	41728
county or joint solid waste management districts and to the	41729
treasurers or other officers of municipal corporations or to the	41730
clerks of townships. The rules also shall prescribe the dates for	41731
forwarding the fees to the boards and officials and may prescribe	41732
any other requirements the director considers necessary or	41733
appropriate to implement and administer divisions (A), (B), and	41734
(C) of this section. Collection of the fees levied under division	41735
(A)(1) of this section shall commence on July 1, 1993. Collection	41736
of the fees levied under division (A)(2) of this section shall	41737
commence on January 1, 1994.	41738

Sec. 3735.27. (A) Whenever the director of development has	41739
determined that there is need for a housing authority in any	41740
portion of any county that comprises two or more political	41741
subdivisions or portions ~~thereof~~of two or more political	41742
subdivisions but is less than all the territory within the county,	41743
a metropolitan housing authority shall be declared to exist, and	41744
the territorial limits ~~thereof~~of the authority shall be defined,	41745
by a letter from the director. The director shall issue a	41746
determination from the department of development declaring that	41747
there is need for a housing authority within ~~such~~those	41748
territorial limits after finding either of the following:	41749

(1) Unsanitary or unsafe inhabited housing accommodations	41750
exist in ~~such~~that area;	41751

(2) There is a shortage of safe and sanitary housing	41752
accommodations in ~~such~~that area available to persons who lack the	41753
amount of income ~~which~~that is necessary, as determined by the	41754
director, to enable them, without financial assistance, to live in	41755
decent, safe, and sanitary dwellings without congestion.	41756

In determining whether dwelling accommodations are unsafe or	41757
unsanitary, the director may take into consideration the degree of	41758
congestion, the percentage of land coverage, the light, air,	41759
space, and access available to the inhabitants of ~~such~~the	41760
dwelling accommodations, the size and arrangement of ~~the~~ rooms,	41761
the sanitary facilities, and the extent to which conditions exist	41762
in ~~such buildings which~~the dwelling accomodations that endanger	41763
life or property by fire or other causes.	41764

The territorial limits of a metropolitan housing authority,	41765
as defined by the director,under this division shall be fixed for	41766
~~such~~the authority upon proof of a letter from the director	41767
declaring the need for ~~such~~the authority to function in those	41768
territorial limits. Any such letter from the director, any	41769
certificate of determination issued by the director, and any	41770
certificate of appointment of members of the authority shall be	41771
admissible in evidence in any suit, action, or proceeding.	41772

A certified copy of the letter from the director, declaring	41773
the existence of a metropolitan housing authority and ~~boundaries~~	41774
the territorial limits of ~~a housing authority~~its district, shall	41775
be immediately forwarded to each appointing authority. A	41776
metropolitan housing authority shall consist of ~~five~~ members, who	41777
~~shall be~~are residents of the territory ~~embraced~~ in ~~such~~	41778
~~metropolitan housing authority district~~which they serve.	41779

(B) Except as otherwise provided in division (C), (D), or (E)	41780
of this section, one member shall be appointed by the probate	41781
court, one member by the court of common pleas, one member by the	41782
board of county commissioners, and two members by the chief	41783
executive officer of the most populous city in the ~~territory~~	41784
~~included in the~~ district, in accordance with the last preceding	41785
federal census. At the time of the initial appointment of the	41786
authority, the member appointed by the probate court shall be	41787
appointed for a period of four years, the ~~appointee of~~member	41788
appointed by the court of common pleas shall be appointed for	41789
three years, the ~~appointee of~~member appointed by the board of	41790
county commissioners shall be appointed for two years, one	41791
~~appointee of the~~member appointed by the chief executive officer	41792
of the most populous city in the district shall be appointed for	41793
one year, and ~~one appointee of~~ the other member appointed by the	41794
chief executive officer of the most populous city in the district	41795
shall be appointed for five years. Thereafter, all members of the	41796
authority shall be appointed for five-year terms, and vacancies	41797
due to expired terms shall be filled ~~by the same appointing powers~~	41798
in the manner provided in the original appointments.	41799

(C) For any metropolitan housing authority district that	41800
contained, as of the 1990 federal census, a population of at least	41801
one million, two members of the authority shall be appointed by	41802
the ~~municipal~~ legislative authority of the most populous city in	41803
the ~~territory included in the~~ district, two members shall be	41804
appointed by the chief executive officer of the most populous city	41805
in the ~~territory included in the~~ district, and one member shall be	41806
appointed by the chief executive officer, with the approval of the	41807
~~municipal~~ legislative authority, of the city in the district ~~which~~	41808
that has the second highest number of housing units owned or	41809
managed by the authority.	41810

At the time of the initial appointment of the authority, one	41811
member appointed by the ~~municipal~~ legislative authority of the	41812
most populous city in the ~~territory included in the~~ district shall	41813
be appointed for three years, and one such member shall be	41814
appointed for one year; the ~~appointee of~~member appointed by the	41815
chief executive officer of the city with the second highest number	41816
of housing units owned or managed by the authority shall be	41817
appointed, with the approval of the ~~municipal~~ legislative	41818
authority, for three years; and one ~~appointee of~~member appointed	41819
by the chief executive officer of the most populous city in the	41820
district shall be appointed for three years, and one such member	41821
shall be appointed for one year. Thereafter, all members of the	41822
authority shall be appointed for three-year terms, and any vacancy	41823
shall be filled by the same appointing power that made the initial	41824
appointment. At the expiration of the term of any member appointed	41825
by the chief executive officer of the most populous city in the	41826
~~territory included in the~~ district prior to March 15, 1983, the	41827
chief executive officer of the most populous city in the district	41828
shall fill the vacancy by appointment for a three-year term. At	41829
the expiration of the term of any member appointed by the board of	41830
county commissioners prior to March 15, 1983, the chief executive	41831
officer of the city in the district with the second highest number	41832
of housing units owned or managed by the authority shall, with the	41833
approval of the municipal legislative authority, fill the vacancy	41834
by appointment for a three-year term. At the expiration of the	41835
term of any member appointed prior to March 15, 1983, by the court	41836
of common pleas or the probate court, the legislative authority of	41837
the most populous city in the ~~territory included in the~~ district	41838
shall fill the vacancy by appointment for a three-year term.	41839

After March 15, 1983, at least one of the members appointed	41840
by the chief executive officer of the most populous city shall be	41841
a resident of a dwelling unit owned or managed by the ~~housing~~	41842
authority. At least one of the initial appointments by the chief	41843
executive officer of the most populous city, after March 15, 1983,	41844
shall be a resident of a dwelling unit owned or managed by the	41845
~~housing~~ authority. Thereafter, any member appointed by the chief	41846
executive officer of the most populous city for the term	41847
established by this initial appointment, or for any succeeding	41848
term ~~thereof~~, shall be a person who resides in a dwelling unit	41849
owned or managed by the ~~housing~~ authority. If there is an elected,	41850
representative body of all residents of the ~~housing~~ authority,	41851
~~then~~ the chief executive officer of the most populous city shall,	41852
whenever there is a vacancy in this resident term, provide written	41853
notice of the vacancy to the representative body. If the	41854
representative body submits to the chief executive officer of the	41855
most populous city, in writing and within sixty days after the	41856
date on which it was notified of the vacancy, the names of at	41857
least five residents of the ~~housing~~ authority who are willing and	41858
qualified to serve as a member, ~~then~~ the chief executive officer	41859
of the most populous city shall appoint to the resident term one	41860
of the residents recommended by the representative body. At no	41861
time shall residents constitute a majority of the members of the	41862
authority.	41863

(D)(1) For any metropolitan housing authority district	41864
located in a county that had, as of the 2000 federal census, a	41865
population of at least four hundred thousand and no city with a	41866
population greater than thirty per cent of the total population of	41867
the county, one member of the authority shall be appointed by the	41868
probate court, one member shall be appointed by the court of	41869
common pleas, one member shall be appointed by the chief executive	41870
officer of the most populous city in the district, and two members	41871
shall be appointed by the board of county commissioners.	41872

(2) At the time of the initial appointment of a metropolitan	41873
housing authority pursuant to this division, the member appointed	41874
by the probate court shall be appointed for a period of four	41875
years, the member appointed by the court of common pleas shall be	41876
appointed for three years, the member appointed by the chief	41877
executive officer of the most populous city shall be appointed for	41878
two years, one member appointed by the board of county	41879
commissioners shall be appointed for one year, and the other	41880
member appointed by the board of county commissioners shall be	41881
appointed for five years. Thereafter, all members of the authority	41882
shall be appointed for five-year terms, with each term ending on	41883
the same day of the same month as the term that it succeeds.	41884
Vacancies shall be filled in the manner provided in the original	41885
appointments. Any member appointed to fill a vacancy occurring	41886
prior to the expiration of the term shall hold office as a member	41887
for the remainder of that term.	41888

(E)(1) An additional two members shall be appointed to the	41889
metropolitan housing authority in any district that has three	41890
hundred or more assisted housing units and that does not have at	41891
least one resident as a member of its authority. For the purposes	41892
of this section an "assisted unit" is a housing unit owned or	41893
operated by the housing authority or a unit in which the occupants	41894
receive tenant-based housing assistance through the federal	41895
section 8 housing program, 24 C.F.R. Ch VIII, and, a "resident" is	41896
a person who lives in an assisted housing unit.	41897

(2) The chief executive officer of the most populous city in	41898
the district shall appoint an additional member who is a resident	41899
for an initial term of five years. The board of county	41900
commissioners shall appoint the other additional member, who need	41901
not be a resident, for an initial term of three years. After the	41902
initial term, the terms of both members shall be five years and	41903
vacancies shall be filled in the manner provided in the original	41904
appointments. Any member appointed to fill a vacancy occurring	41905
prior to the expiration of the term for which the member's	41906
predecessor was appointed shall hold office as a member for the	41907
remainder of that term.	41908

(3) A member appointed as a resident member who no longer	41909
qualifies as a resident shall be deemed unable to serve and	41910
another resident member shall be appointed to serve the unexpired	41911
portion of that term.	41912

(F) Public officials, other than the officers having the	41913
appointing power under this section, shall be eligible to serve as	41914
members, officers, or employees of ~~the~~a metropolitan housing	41915
authority notwithstanding any statute, charter, or law to the	41916
contrary. Not more than two such public officials shall be members	41917
of the authority at any one time.	41918

All members of ~~such housing~~an authority shall serve without	41919
compensation but shall be entitled to be reimbursed for all	41920
necessary expenses incurred. ~~After such~~	41921

After a metropolitan housing authority district ~~has been~~is	41922
formed, the director may enlarge the territory within ~~such~~the	41923
district to include other political subdivisions, or portions	41924
~~thereof~~of other political subdivisions, but the territorial	41925
limits of ~~which~~the district shall be less than that of the	41926
county.	41927

Sec. 3735.66. The legislative authorities of municipal	41928
corporations and counties may survey the housing within their	41929
jurisdictions and, after the survey, may adopt resolutions	41930
describing the boundaries of community reinvestment areas which	41931
contain the conditions required for the finding under division (B)	41932
of section 3735.65 of the Revised Code. The findings resulting	41933
from the survey shall be incorporated in the resolution describing	41934
the boundaries of an area. The legislative authority may stipulate	41935
in the resolution that only new structures or remodeling	41936
classified as to use as commercial, industrial, or residential, or	41937
some combination thereof, and otherwise satisfying the	41938
requirements of section 3735.67 of the Revised Code are eligible	41939
for exemption from taxation under that section. If the resolution	41940
does not include such a stipulation, all new structures and	41941
remodeling satisfying the requirements of section 3735.67 of the	41942
Revised Code are eligible for exemption from taxation regardless	41943
of classification. Whether or not the resolution includes such a	41944
stipulation, the classification of the structures or remodeling	41945
eligible for exemption in the area shall at all times be	41946
consistent with zoning restrictions applicable to the area. For	41947
the purposes of sections 3735.65 to 3735.70 of the Revised Code,	41948
whether a structure or remodeling composed of multiple units is	41949
classified as commercial or residential shall be determined by	41950
resolution or ordinance of the legislative authority or, in the	41951
absence of such a determination, by the classification of the use	41952
of the structure or remodeling under the applicable zoning	41953
regulations.	41954

If construction or remodeling classified as residential is	41955
eligible for exemption from taxation, the resolution shall specify	41956
a percentage, not to exceed one hundred per cent, of the assessed	41957
valuation of such property to be exempted. The percentage	41958
specified shall apply to all residential construction or	41959
remodeling for which exemption is granted.	41960

The resolution adopted pursuant to this section shall be	41961
published in a newspaper of general circulation in the municipal	41962
corporation, if the resolution is adopted by the legislative	41963
authority of a municipal corporation, or in a newspaper of general	41964
circulation in the county, if the resolution is adopted by the	41965
legislative authority of the county, once a week for two	41966
consecutive weeks immediately following its adoption.	41967

Each legislative authority adopting a resolution pursuant to	41968
this section shall designate a housing officer. In addition, each	41969
such legislative authority, not later than fifteen days after the	41970
adoption of the resolution, shall petition the director of	41971
development for the director to confirm the findings described in	41972
the resolution. The petition shall be accompanied by a copy of the	41973
resolution and by a map of the community reinvestment area in	41974
sufficient detail to denote the specific boundaries of the area	41975
and to indicate zoning restrictions applicable to the area. The	41976
director shall determine whether the findings contained in the	41977
resolution are valid, and whether the classification of structures	41978
or remodeling eligible for exemption under the resolution is	41979
consistent with zoning restrictions applicable to the area as	41980
indicated on the map. Within thirty days of receiving the	41981
petition, the director shall forward ~~his~~the director's	41982
determination to the legislative authority. The legislative	41983
authority or housing officer shall not grant any exemption from	41984
taxation under section 3735.67 of the Revised Code until the	41985
director forwards ~~his~~the director's determination to the	41986
legislative authority. The director shall assign to each community	41987
reinvestment area a unique designation by which the area shall be	41988
identified for purposes of sections 3735.65 to 3735.70 of the	41989
Revised Code.	41990

If zoning restrictions in any part of a community	41991
reinvestment area are changed at any time after the legislative	41992
authority petitions the director under this section, the	41993
legislative authority shall notify the director and shall submit a	41994
map of the area indicating the new zoning restrictions in the	41995
area.	41996

Sec. 3735.67. (A) The owner of real property located in a	41997
community reinvestment area and eligible for exemption from	41998
taxation under a resolution adopted pursuant to section 3735.66 of	41999
the Revised Code may file an application for an exemption from	42000
real property taxation of a percentage of the assessed valuation	42001
of a new structure or remodeling, completed after the effective	42002
date of the resolution adopted pursuant to section 3735.66 of the	42003
Revised Code, with the housing officer designated pursuant to	42004
section 3735.66 of the Revised Code for the community reinvestment	42005
area in which the property is located. If any part of the new	42006
structure or remodeling that would be exempted is of real property	42007
to be used for commercial or industrial purposes, the legislative	42008
authority and the owner of the property shall enter into a written	42009
agreement pursuant to section 3735.671 of the Revised Code prior	42010
to commencement of construction or remodeling; if such an	42011
agreement is subject to approval by the board of education of the	42012
school district within the territory of which the property is or	42013
will be located, the agreement shall not be formally approved by	42014
the legislative authority until the board of education approves	42015
the agreement in the manner prescribed by that section.	42016

(B) The housing officer shall verify the construction of the	42017
new structure or the cost of the remodeling and the facts asserted	42018
in the application. The housing officer shall determine whether	42019
the construction or the cost of the remodeling meets the	42020
requirements for an exemption under this section. In cases	42021
involving a structure of historical or architectural significance,	42022
the housing officer shall not determine whether the remodeling	42023
meets the requirements for a tax exemption unless the	42024
appropriateness of the remodeling has been certified, in writing,	42025
by the society, association, agency, or legislative authority that	42026
has designated the structure or by any organization or person	42027
authorized, in writing, by such society, association, agency, or	42028
legislative authority to certify the appropriateness of the	42029
remodeling.	42030

(C) If the construction or remodeling meets the requirements	42031
for exemption, the housing officer shall forward the application	42032
to the county auditor with a certification as to the division of	42033
this section under which the exemption is granted, and the period	42034
and percentage of the exemption as determined by the legislative	42035
authority pursuant to that division. If the construction or	42036
remodeling is of commercial or industrial property and the	42037
legislative authority is not required to certify a copy of a	42038
resolution under section 3735.671 of the Revised Code, the housing	42039
officer shall comply with the notice requirements prescribed under	42040
section 5709.83 of the Revised Code, unless the board has adopted	42041
a resolution under that section waiving its right to receive such	42042
a notice.	42043

(D) The tax exemption shall first apply in the year the	42044
construction or remodeling would first be taxable but for this	42045
section. In the case of remodeling that qualifies for exemption, a	42046
percentage, not to exceed one hundred per cent, of the amount by	42047
which the remodeling increased the assessed value of the structure	42048
shall be exempted from real property taxation. In the case of	42049
construction of a structure that qualifies for exemption, a	42050
percentage, not to exceed one hundred per cent, of the assessed	42051
value of the structure shall be exempted from real property	42052
taxation. In either case, the percentage shall be the percentage	42053
set forth in the agreement if the structure or remodeling is to be	42054
used for commercial or industrial purposes, or the percentage set	42055
forth in the resolution describing the community reinvestment area	42056
if the structure or remodeling is to be used for residential	42057
purposes.	42058

The construction of new structures and the remodeling of	42059
existing structures are hereby declared to be a public purpose for	42060
which exemptions from real property taxation may be granted for	42061
the following periods:	42062

(1) For every dwelling containing not more than two family	42063
units located within the same community reinvestment area and upon	42064
which the cost of remodeling is at least two thousand five hundred	42065
dollars, a period to be determined by the legislative authority	42066
adopting the resolution describing the community reinvestment area	42067
where the dwelling is located, but not exceeding ten years;	42068

(2) For every dwelling containing more than two units and	42069
commercial or industrial properties, located within the same	42070
community reinvestment area, upon which the cost of remodeling is	42071
at least five thousand dollars, a period to be determined by the	42072
legislative authority adopting the resolution, but not exceeding	42073
twelve years;	42074

(3) For construction of every dwelling, and commercial or	42075
industrial structure located within the same community	42076
reinvestment area, a period to be determined by the legislative	42077
authority adopting the resolution, but not exceeding fifteen	42078
years.	42079

(E) Any person, board, or officer authorized by section	42080
5715.19 of the Revised Code to file complaints with the county	42081
board of revision may file a complaint with the housing officer	42082
challenging the continued exemption of any property granted an	42083
exemption under this section. A complaint against exemption shall	42084
be filed prior to the thirty-first day of December of the tax year	42085
for which taxation of the property is requested. The housing	42086
officer shall determine whether the property continues to meet the	42087
requirements for exemption and shall certify the housing officer's	42088
findings to the complainant. If the housing officer determines	42089
that the property does not meet the requirements for exemption,	42090
the housing officer shall notify the county auditor, who shall	42091
correct the tax list and duplicate accordingly.	42092

Sec. 3735.671. (A) If construction or remodeling of	42093
commercial or industrial property is to be exempted from taxation	42094
pursuant to section 3735.67 of the Revised Code, the legislative	42095
authority and the owner of the property, prior to the commencement	42096
of construction or remodeling, shall enter into a written	42097
agreement, binding on both parties for a period of time that does	42098
not end prior to the end of the period of the exemption, that	42099
includes all of the information and statements prescribed by this	42100
section. Agreements may include terms not prescribed by this	42101
section, but such terms shall in no way derogate from the	42102
information and statements prescribed by this section.	42103

(1) Except as otherwise provided in division (A)(2) or (3) of	42104
this section, an agreement entered into under this section shall	42105
not be approved by the legislative authority unless the board of	42106
education of the city, local, or exempted village school district	42107
within the territory of which the property is or will be located	42108
approves the agreement. For the purpose of obtaining such	42109
approval, the legislative authority shall certify a copy of the	42110
agreement to the board of education not later than forty-five days	42111
prior to approving the agreement, excluding Saturday, Sunday, and	42112
a legal holiday as defined in section 1.14 of the Revised Code.	42113
The board of education, by resolution adopted by a majority of the	42114
board, shall approve or disapprove the agreement and certify a	42115
copy of the resolution to the legislative authority not later than	42116
fourteen days prior to the date stipulated by the legislative	42117
authority as the date upon which approval of the agreement is to	42118
be formally considered by the legislative authority. The board of	42119
education may include in the resolution conditions under which the	42120
board would approve the agreement. The legislative authority may	42121
approve an agreement at any time after the board of education	42122
certifies its resolution approving the agreement to the	42123
legislative authority, or, if the board approves the agreement	42124
conditionally, at any time after the conditions are agreed to by	42125
the board and the legislative authority.	42126

(2) Approval of an agreement by the board of education is not	42127
required under division (A)(1) of this section if, for each tax	42128
year the real property is exempted from taxation, the sum of the	42129
following quantities, as estimated at or prior to the time the	42130
agreement is formally approved by the legislative authority,	42131
equals or exceeds fifty per cent of the amount of taxes, as	42132
estimated at or prior to that time, that would have been charged	42133
and payable that year upon the real property had that property not	42134
been exempted from taxation:	42135

(a) The amount of taxes charged and payable on any portion of	42136
the assessed valuation of the new structure or remodeling that	42137
will not be exempted from taxation under the agreement;	42138

(b) The amount of taxes charged and payable on tangible	42139
personal property located on the premises of the new structure or	42140
of the structure to be remodeled under the agreement, whether	42141
payable by the owner of the structure or by a related member, as	42142
defined in section 5733.042 of the Revised Code without regard to	42143
division (B) of that section.	42144

(c) The amount of any cash payment by the owner of the new	42145
structure or structure to be remodeled to the school district, the	42146
dollar value, as mutually agreed to be the owner and the board of	42147
education, of any property or services provided by the owner of	42148
the property to the school district, whether by gift, loan, or	42149
otherwise, and any payment by the legislative authority to the	42150
school district pursuant to section 5709.82 of the Revised Code.	42151

The estimates of quantities used for purposes of division	42152
(A)(2) of this section shall be estimated by the legislative	42153
authority. The legislative authority shall certify to the board of	42154
education that the estimates have been made in good faith.	42155
Departures of the actual quantities from the estimates subsequent	42156
to approval of the agreement by the board of education do not	42157
invalidate the agreement.	42158

(3) If a board of education has adopted a resolution waiving	42159
its right to approve agreements and the resolution remains in	42160
effect, approval of an agreement by the board is not required	42161
under this division. If a board of education has adopted a	42162
resolution allowing a legislative authority to deliver the notice	42163
required under this division fewer than forty-five business days	42164
prior to the legislative authority's execution of the agreement,	42165
the legislative authority shall deliver the notice to the board	42166
not later than the number of days prior to such execution as	42167
prescribed by the board in its resolution. If a board of education	42168
adopts a resolution waiving its right to approve agreements or	42169
shortening the notification period, the board shall certify a copy	42170
of the resolution to the legislative authority. If the board of	42171
education rescinds such a resolution, it shall certify notice of	42172
the rescission to the legislative authority.	42173

(B) Each agreement shall include the following information:

42174

(1) The names of all parties to the agreement;

42175

(2) A description of the remodeling or construction, whether	42176
or not to be exempted from taxation, including existing or new	42177
structure size and cost thereof; the value of machinery,	42178
equipment, furniture, and fixtures, including an itemization of	42179
the value of machinery, equipment, furniture, and fixtures used at	42180
another location in this state prior to the agreement and	42181
relocated or to be relocated from that location to the property,	42182
and the value of machinery, equipment, furniture, and fixtures at	42183
the facility prior to the execution of the agreement; the value of	42184
inventory at the property, including an itemization of the value	42185
of inventory held at another location in this state prior to the	42186
agreement and relocated or to be relocated from that location to	42187
the property, and the value of inventory held at the property	42188
prior to the execution of the agreement;	42189

(3) The scheduled starting and completion dates of remodeling	42190
or construction of real property or of investments made in	42191
machinery, equipment, furniture, fixtures, and inventory;	42192

(4) Estimates of the number of employee positions to be	42193
created each year of the agreement and of the number of employee	42194
positions retained by the owner due to the remodeling or	42195
construction, itemized as to the number of full-time, part-time,	42196
permanent, and temporary positions;	42197

(5) Estimates of the dollar amount of payroll attributable to	42198
the positions set forth in division (B)(4) of this section,	42199
similarly itemized;	42200

(6) The number of employee positions, if any, at the property	42201
and at any other location in this state at the time the agreement	42202
is executed, itemized as to the number of full-time, part-time,	42203
permanent, and temporary positions.	42204

(C) Each agreement shall set forth the following information	42205
and incorporate the following statements:	42206

(1) A description of real property to be exempted from	42207
taxation under the agreement, the percentage of the assessed	42208
valuation of the real property exempted from taxation, and the	42209
period for which the exemption is granted, accompanied by the	42210
statement: "The exemption commences the first year for which the	42211
real property would first be taxable were that property not	42212
exempted from taxation. No exemption shall commence after	42213
.......... (insert date) nor extend beyond .......... (insert	42214
date)." ~~The tax commissioner shall adopt rules prescribing the~~	42215
~~form the description of such property shall assume in order to~~	42216
~~ensure that the property to be exempted from taxation under the~~	42217
~~agreement is distinguishable from property that is not to be~~	42218
~~exempted under that agreement.~~	42219

(2) ".......... (insert name of owner) shall pay such real	42220
property taxes as are not exempted under this agreement and are	42221
charged against such property and shall file all tax reports and	42222
returns as required by law. If .......... (insert name of owner)	42223
fails to pay such taxes or file such returns and reports,	42224
exemptions from taxation granted under this agreement are	42225
rescinded beginning with the year for which such taxes are charged	42226
or such reports or returns are required to be filed and	42227
thereafter."	42228

(3) ".......... (insert name of owner) hereby certifies that	42229
at the time this agreement is executed, .......... (insert name of	42230
owner) does not owe any delinquent real or tangible personal	42231
property taxes to any taxing authority of the State of Ohio, and	42232
does not owe delinquent taxes for which .......... (insert name of	42233
owner) is liable under Chapter 5733., 5735., 5739., 5741., 5743.,	42234
5747., or 5753. of the Ohio Revised Code, or, if such delinquent	42235
taxes are owed, .......... (insert name of owner) currently is	42236
paying the delinquent taxes pursuant to an undertaking enforceable	42237
by the State of Ohio or an agent or instrumentality thereof, has	42238
filed a petition in bankruptcy under 11 U.S.C.A. 101, et seq., or	42239
such a petition has been filed against .......... (insert name of	42240
owner). For the purposes of this certification, delinquent taxes	42241
are taxes that remain unpaid on the latest day prescribed for	42242
payment without penalty under the chapter of the Revised Code	42243
governing payment of those taxes."	42244

(4) ".......... (insert name of municipal corporation or	42245
county) shall perform such acts as are reasonably necessary or	42246
appropriate to effect, claim, reserve, and maintain exemptions	42247
from taxation granted under this agreement including, without	42248
limitation, joining in the execution of all documentation and	42249
providing any necessary certificates required in connection with	42250
such exemptions."	42251

(5) "If for any reason .......... (insert name of municipal	42252
corporation or county) revokes the designation of the area,	42253
entitlements granted under this agreement shall continue for the	42254
number of years specified under this agreement, unless ..........	42255
(insert name of owner) materially fails to fulfill its obligations	42256
under this agreement and ................... (insert name of	42257
municipal corporation or county) terminates or modifies the	42258
exemptions from taxation pursuant to this agreement."	42259

(6) "If .......... (insert name of owner) materially fails to	42260
fulfill its obligations under this agreement, or if ..........	42261
(insert name of municipal corporation or county) determines that	42262
the certification as to delinquent taxes required by this	42263
agreement is fraudulent, .......... (insert name of municipal	42264
corporation or county) may terminate or modify the exemptions from	42265
taxation granted under this agreement."	42266

(7) ".......... (insert name of owner) shall provide to the	42267
proper tax incentive review council any information reasonably	42268
required by the council to evaluate the applicant's compliance	42269
with the agreement, including returns filed pursuant to section	42270
5711.02 of the Ohio Revised Code if requested by the council."	42271

(8) "This agreement is not transferable or assignable without	42272
the express, written approval of .......... (insert name of	42273
municipal corporation or county)."	42274

(9) "Exemptions from taxation granted under this agreement	42275
shall be revoked if it is determined that ........... (insert name	42276
of owner), any successor to that person, or any related member (as	42277
those terms are defined in division (E) of section 3735.671 of the	42278
Ohio Revised Code) has violated the prohibition against entering	42279
into this agreement under division (E) of section 3735.671 or	42280
section 5709.62 or 5709.63 of the Ohio Revised Code prior to the	42281
time prescribed by that division or either of those sections."	42282

(10) ".......... (insert name of owner) and ...........	42283
(insert name of municipal corporation or county) acknowledge that	42284
this agreement must be approved by formal action of the	42285
legislative authority of .......... (insert name of municipal	42286
corporation or county) as a condition for the agreement to take	42287
effect. This agreement takes effect upon such approval."	42288

The statement described in division (C)(6) of this section	42289
may include the following statement, appended at the end of the	42290
statement: ", and may require the repayment of the amount of taxes	42291
that would have been payable had the property not been exempted	42292
from taxation under this agreement."	42293

(D) Except as otherwise provided in this division, an	42294
agreement entered into under this section shall require that the	42295
owner pay an annual fee equal to the greater of one per cent of	42296
the amount of taxes exempted under the agreement or five hundred	42297
dollars; provided, however, that if the value of the incentives	42298
exceeds two hundred fifty thousand dollars, the fee shall not	42299
exceed two thousand five hundred dollars. The fee shall be payable	42300
to the legislative authority once per year for each year the	42301
agreement is effective on the days and in the form specified in	42302
the agreement. Fees paid shall be deposited in a special fund	42303
created for such purpose by the legislative authority and shall be	42304
used by the legislative authority exclusively for the purpose of	42305
complying with section 3735.672 of the Revised Code and by the tax	42306
incentive review council created under section 5709.85 of the	42307
Revised Code exclusively for the purposes of performing the duties	42308
prescribed under that section. The legislative authority may waive	42309
or reduce the amount of the fee, but such waiver or reduction does	42310
not affect the obligations of the legislative authority or the tax	42311
incentive review council to comply with section 3735.672 or	42312
5709.85 of the Revised Code.	42313

(E) If any person that is party to an agreement granting an	42314
exemption from taxation discontinues operations at the structure	42315
to which that exemption applies prior to the expiration of the	42316
term of the agreement, that person, any successor to that person,	42317
and any related member shall not enter into an agreement under	42318
this section or section 5709.62, 5709.63, or 5709.632 of the	42319
Revised Code, and no legislative authority shall enter into such	42320
an agreement with such a person, successor, or related member,	42321
prior to the expiration of five years after the discontinuation of	42322
operations. As used in this division, "successor" means a person	42323
to which the assets or equity of another person has been	42324
transferred, which transfer resulted in the full or partial	42325
nonrecognition of gain or loss, or resulted in a carryover basis,	42326
both as determined by rule adopted by the tax commissioner.	42327
"Related member" has the same meaning as defined in section	42328
5733.042 of the Revised Code without regard to division (B) of	42329
that section.	42330

The director of development shall review all agreements	42331
submitted to the director under division (F) of this section for	42332
the purpose of enforcing this division. If the director determines	42333
there has been a violation of this division, the director shall	42334
notify the legislative authority of such violation, and the	42335
legislative authority immediately shall revoke the exemption	42336
granted under the agreement.	42337

(F) When an agreement is entered into under this section, the	42338
legislative authority authorizing the agreement shall forward a	42339
copy of the agreement to the director of development ~~and to the~~	42340
~~tax commissioner~~ within fifteen days after the agreement is	42341
entered into.	42342

Sec. 3737.81. (A) There is hereby created the state fire	42343
commission consisting of ten members to be appointed by the	42344
governor with the advice and consent of the senate. The fire	42345
marshal or chief deputy fire marshal, a representative designated	42346
by the department of public safety who has tenure in fire	42347
suppression, and a representative designated by the board of	42348
building standards shall be ex officio members. Of the initial	42349
appointments made to the commission, two shall be for a term	42350
ending one year after November 1, 1978, two shall be for a term	42351
ending two years after that date, two shall be for a term ending	42352
three years after that date, two shall be for a term ending four	42353
years after that date, and two shall be for a term ending five	42354
years after that date. Thereafter, terms of office shall be for	42355
five years, each term ending on the same day of the same month of	42356
the year as did the term which it succeeds. Each member shall hold	42357
office from the date of appointment until the end of the term for	42358
which the member was appointed. Any member appointed to fill a	42359
vacancy occurring prior to the expiration of the term for which	42360
the member's predecessor was appointed shall hold office for the	42361
remainder of that term. Any member shall continue in office	42362
subsequent to the expiration date of the member's term until a	42363
successor takes office, or until a period of sixty days has	42364
elapsed, whichever occurs first. Members shall be qualified by	42365
experience and training to deal with the matters that are the	42366
responsibility of the commission. Two members shall be members of	42367
paid fire services, one shall be a member of volunteer fire	42368
services, two shall be mayors, managers, or members of legislative	42369
authorities of municipal corporations, one shall represent	42370
commerce and industry, one shall be a representative of a fire	42371
insurance company domiciled in this state, one shall represent the	42372
flammable liquids industry, one shall represent the construction	42373
industry, and one shall represent the public. At no time shall	42374
more than six members be members of or associated with the same	42375
political party. Membership on the commission shall not constitute	42376
holding a public office, and no person shall forfeit or otherwise	42377
vacate the person's office or position of employment because of	42378
membership on the commission.	42379

(B) The ex officio members may not vote, except that the fire	42380
marshal or chief deputy fire marshal may vote in case of a tie.	42381

(C) Each member of the commission, other than ex officio	42382
members, shall be paid an amount ~~equal to that payable under pay~~	42383
~~range 32 (S)(D)~~ fixed pursuant to division (J) of section 124.15	42384
of the Revised Code, and the member's actual and necessary	42385
expenses.	42386

(D) The commission shall select a chairperson and a	42387
vice-chairperson from among its members. No business may be	42388
transacted in the absence of a quorum. A quorum shall be at least	42389
six members, excluding ex officio members, and shall include	42390
either the chairperson or vice-chairperson. The commission shall	42391
hold regular meetings at least once every two months and may meet	42392
at any other time at the call of the chairperson.	42393

(E) The fire marshal shall provide the commission with office	42394
space, meeting rooms, staff, and clerical assistance necessary for	42395
the commission to perform its duties. If the commission maintains	42396
the Ohio fire service hall of fame under division (C) of section	42397
3737.03 of the Revised Code, the fire marshal shall preserve, in	42398
an appropriate manner, in the office space or meeting rooms	42399
provided to the commission under this division or in another	42400
location, copies of all official commendations awarded to	42401
individuals recognized and commemorated for their exemplary	42402
accomplishments and acts of heroism at fire-related incidents or	42403
similar events that occurred in this state.	42404

(F) If the commission maintains the Ohio fire service hall of	42405
fame under division (C) of section 3737.03 of the Revised Code,	42406
the expenses incurred for the recognition and commemoration of	42407
individuals for their exemplary accomplishments and acts of	42408
heroism at fire-related incidents or similar events that occurred	42409
in this state, including, but not limited to, expenses for	42410
official commendations and an annual awards ceremony as described	42411
in division ~~(C)~~(B) of section 3737.03 of the Revised Code, may be	42412
paid from moneys appropriated by the general assembly for purposes	42413
of that recognition and commemoration, from moneys that are	42414
available to the fire marshal under this chapter, or from other	42415
funding sources available to the commission.	42416

Sec. 3745.04. As used in this section, "any person" means any	42417
individual, any partnership, corporation, association, or other	42418
legal entity, or any political subdivision, instrumentality, or	42419
agency of a state, whether or not the individual or legal entity	42420
is an applicant for or holder of a license, permit, or variance	42421
from the environmental protection agency, and includes any	42422
department, agency, or instrumentality of the federal government	42423
that is an applicant for or holder of a license, permit, or	42424
variance from the environmental protection agency.	42425

As used in this section, "action" or "act" includes the	42426
adoption, modification, or repeal of a rule or standard, the	42427
issuance, modification, or revocation of any lawful order other	42428
than an emergency order, and the issuance, denial, modification,	42429
or revocation of a license, permit, lease, variance, or	42430
certificate, or the approval or disapproval of plans and	42431
specifications pursuant to law or rules adopted thereunder.	42432

Any person who was a party to a proceeding before the	42433
director of environmental protection may participate in an appeal	42434
to the environmental review appeals commission for an order	42435
vacating or modifying the action of the director or a local board	42436
of health, or ordering the director or board of health to perform	42437
an act. The environmental review appeals commission has exclusive	42438
original jurisdiction over any matter that may, under this	42439
section, be brought before it.	42440

The person so appealing to the commission shall be known as	42441
appellant, and the director and any party to a proceeding	42442
substantially supporting the finding from which the appeal is	42443
taken shall be known as appellee, except that when an appeal	42444
involves a license to operate a disposal site or facility, the	42445
local board of health or the director of environmental protection,	42446
and any party to a proceeding substantially supporting the finding	42447
from which the appeal is taken, shall, as appropriate, be known as	42448
the appellee. Appellant and appellee shall be deemed to be parties	42449
to the appeal.	42450

The appeal shall be in writing and shall set forth the action	42451
complained of and the grounds upon which the appeal is based.	42452

The appeal shall be filed with the commission within thirty	42453
days after notice of the action. Notice of the filing of the	42454
appeal shall be filed with the appellee within three days after	42455
the appeal is filed with the commission.	42456

The appeal shall be accompanied by a filing fee of ~~sixty~~	42457
seventy dollars, which the commission, in its discretion, may	42458
~~waive in cases of~~reduce if by affidavit the appellant	42459
demonstrates that payment of the full amount of the fee would	42460
cause extreme hardship.	42461

Within seven days after receipt of the notice of appeal, the	42462
director or local board of health shall prepare and certify to the	42463
commission a record of the proceedings out of which the appeal	42464
arises, including all documents and correspondence, and a	42465
transcript of all testimony.	42466

Upon the filing of the appeal, the commission shall fix the	42467
time and place at which the hearing on the appeal will be held.	42468
The commission shall give the appellant and the appellee at least	42469
ten days' written notice thereof by certified mail. The commission	42470
shall hold the hearing within thirty days after the notice of	42471
appeal is filed. The commission may postpone or continue any	42472
hearing upon its own motion or upon application of the appellant	42473
or of the appellee.	42474

The filing of an appeal does not automatically suspend or	42475
stay execution of the action appealed from. Upon application by	42476
the appellant, the commission may suspend or stay the execution	42477
pending immediate determination of the appeal without interruption	42478
by continuances, other than for unavoidable circumstances.	42479

As used in this section and sections 3745.05 and 3745.06 of	42480
the Revised Code, "director of environmental protection" and	42481
"director" are deemed to include the director of agriculture and	42482
"environmental protection agency" is deemed to include the	42483
department of agriculture with respect to actions that are	42484
appealable to the commission under Chapter 903. of the Revised	42485
Code.	42486

Sec. 3745.11. (A) Applicants for and holders of permits,	42487
licenses, variances, plan approvals, and certifications issued by	42488
the director of environmental protection pursuant to Chapters	42489
3704., 3734., 6109., and 6111. of the Revised Code shall pay a fee	42490
to the environmental protection agency for each such issuance and	42491
each application for an issuance as provided by this section. No	42492
fee shall be charged for any issuance for which no application has	42493
been submitted to the director.	42494

(B) ~~Prior to January 1, 1994, each~~Each person who is issued	42495
a ~~permit to operate, variance, or~~ permit to install prior to July	42496
1, 2003, pursuant to rules adopted under division (F) of section	42497
3704.03 of the Revised Code shall pay the fees specified in the	42498
following ~~schedule~~schedules:	42499

(1) Fuel-Burning Equipment (boilers)

42500

Input capacity (maximum)	~~Permit~~		Permit	42501
(million British	to		to	42502
thermal units per hour)	~~operate~~	~~Variance~~	install	42503

Greater than 0 ~~or more~~, but	~~$ 75~~	~~$225~~	$ ~~100~~ 200	42504
less than 10				42505
10 or more, but less than 100	~~210~~	~~450~~	~~390~~ 400	42506
100 or more, but less than 300	~~270~~	~~675~~	~~585~~ 800	42507
300 or more, but less than 500	~~330~~	~~900~~	~~780~~ 1500	42508
500 or more, but less than 1000	~~500~~	~~975~~	~~1000~~ 2500	42509
1000 or more, but less than 5000			4000	42510
5000 or more			6000	42511

Units burning exclusively natural gas, number two fuel oil,	42512
or both shall be assessed a fee that is one-half of the applicable	42513
amount established in division (F)(1) of this section.	42514

~~Any fuel-burning equipment using only natural gas, propane,~~	42515
~~liquefied petroleum gas, or number two or lighter fuel oil shall~~	42516
~~be assessed a fee one-half of that shown.~~	42517

(2) Incinerators

42518

	~~Permit~~		Permit	42519
Input capacity	to		to	42520
(pounds per hour)	~~operate~~	~~Variance~~	install	42521

0 to 50 100	~~$ 50~~	~~$225~~	$ 65 100	42522
51 101 to 500	~~210~~	~~450~~	~~390~~ 400	42523
501 to 2000	~~270~~	~~675~~	~~585~~ 750	42524
2001 to ~~30,000~~ 20,000	~~330~~	~~900~~	~~780~~ 1000	42525
more than ~~30,000~~ 20,000	~~500~~	~~975~~	~~1000~~ 2500	42526

~~(3)~~(a) Process

42527

	~~Permit~~		Permit	42528
Process weight rate	to		to	42529
(pounds per hour)	~~operate~~	~~Variance~~	install	42530

0 to 1000	~~$100~~	~~$225~~	$ 200	42531
1001 to 5000	~~210~~	~~450~~	~~390~~ 400	42532
5001 to 10,000	~~270~~	~~675~~	~~585~~ 600	42533
10,001 to 50,000	~~330~~	~~900~~	~~780~~ 800	42534
more than 50,000	~~500~~	~~975~~	1000	42535

In any process where process weight rate cannot be	42536
ascertained, the minimum fee shall be assessed.	42537

(b) Notwithstanding division (B)(3)(a) of this section, any	42538
person issued a permit to install pursuant to rules adopted under	42539
division (F) of section 3704.03 of the Revised Code shall pay the	42540
fees established in division (B)(3)(c) of this section for a	42541
process used in any of the following industries, as identified by	42542
the applicable four-digit standard industrial classification code	42543
according to the Standard Industrial Classification Manual	42544
published by the United States office of management and budget in	42545
the executive office of the president, 1972, as revised:	42546

1211 Bituminous coal and lignite mining;

42547

1213 Bituminous coal and lignite mining services;

42548

1411 Dimension stone;

42549

1422 Crushed and broken limestone;

42550

1427 Crushed and broken stone, not elsewhere classified;

42551

1442 Construction sand and gravel;

42552

1446 Industrial sand;

42553

3281 Cut stone and stone products;

42554

3295 Minerals and earth, ground or otherwise treated.

42555

(c) The fees established in the following schedule apply to	42556
the issuance of a permit to install pursuant to rules adopted	42557
under division (F) of section 3704.03 of the Revised Code for a	42558
process listed in division (B)(3)(b) of this section:	42559

Process weight rate	Permit to		42560
(pounds per hour)	install		42561

0 to 1000	$ 200	42562
10,001 to 50,000	300	42563
50,001 to 100,000	400	42564
100,001 to 200,000	500	42565
200,001 to 400,000	600	42566
400,001 or more	700	42567

(4) Storage tanks

42568

Gallons (maximum useful capacity)	~~Permit~~		Permit	42569
	to		to	42570
	~~operate~~	~~Variance~~	install	42571
				42572

~~Less than 40,000~~ 0 to 20,000	~~$150~~	~~$225~~	$ ~~195~~ 100	42573
20,001 to 40,000 ~~or more, but less~~				42574
~~than 100,000~~	~~210~~	~~450~~	~~390~~ 150	42575
~~100,000 or more, but less~~				42576
~~than 400,000~~	~~270~~	~~675~~	~~585~~	42577
~~400,000 or more, but less~~				42578
~~than~~ 40,001 to 100,000			200	42579
100,001 to 250,000			250	42580
250,001 to 500,000			350	42581
500,001 to 1,000,000	~~330~~	~~900~~	~~780~~ 500	42582
~~1,000,000~~ 1,000,001 or ~~more~~ greater	~~500~~	~~975~~	~~1000~~ 750	42583

(5) ~~Gasoline~~

42584

Gasoline/fuel dispensing	~~Permit~~		Permit	42585
facilities	to		to	42586
	~~operate~~	~~Variance~~	install	42587

For each gasoline/fuel					42588
dispensing facility	~~$20~~	~~$100~~	$50 100		42589

(6) ~~Dry cleaning~~

42590

Dry cleaning	~~Permit~~		Permit	42591
facilities	to		to	42592
	~~operate~~	~~Variance~~	install	42593

For each dry cleaning				42594
facility (includes all units	~~$50~~	~~$200~~	$100	42595
at the facility)				42596

(7) ~~Coal mining operations regulated under Chapter 1513. of~~	42597
~~the Revised Code shall be assessed a fee of two hundred fifty~~	42598
~~dollars per mine or location.~~Registration status	42599

	Permit	42600
	to	42601
	install	42602
For each source covered by registration status	$75	42603

(C)(1) Except as otherwise provided in division (C)(2) of	42604
this section, beginning July 1, 1994, each person who owns or	42605
operates an air contaminant source and who is required to apply	42606
for and obtain a Title V permit under section 3704.036 of the	42607
Revised Code shall pay the fees set forth in division (C)(1) of	42608
this section. For the purposes of that division, total emissions	42609
of air contaminants may be calculated using engineering	42610
calculations, emissions factors, material balance calculations, or	42611
performance testing procedures, as authorized by the director.	42612

The following fees shall be assessed on the total actual	42613
emissions from a source in tons per year of the regulated	42614
pollutants particulate matter, sulfur dioxide, nitrogen oxides,	42615
organic compounds, and lead:	42616

(a) Fifteen dollars per ton on the total actual emissions of	42617
each such regulated pollutant during the period July through	42618
December 1993, to be collected no sooner than July 1, 1994;	42619

(b) Twenty dollars per ton on the total actual emissions of	42620
each such regulated pollutant during calendar year 1994, to be	42621
collected no sooner than April 15, 1995;	42622

(c) Twenty-five dollars per ton on the total actual emissions	42623
of each such regulated pollutant in calendar year 1995, and each	42624
subsequent calendar year, to be collected no sooner than the	42625
fifteenth day of April of the year next succeeding the calendar	42626
year in which the emissions occurred.	42627

The fees levied under division (C)(1) of this section do not	42628
apply to that portion of the emissions of a regulated pollutant at	42629
a facility that exceed four thousand tons during a calendar year.	42630

(2) The fees assessed under division (C)(1) of this section	42631
are for the purpose of providing funding for the Title V permit	42632
program.	42633

(3) The fees assessed under division (C)(1) of this section	42634
do not apply to emissions from any electric generating unit	42635
designated as a Phase I unit under Title IV of the federal Clean	42636
Air Act prior to calendar year 2000. Those fees shall be assessed	42637
on the emissions from such a generating unit commencing in	42638
calendar year 2001 based upon the total actual emissions from the	42639
generating unit during calendar year 2000 and shall continue to be	42640
assessed each subsequent calendar year based on the total actual	42641
emissions from the generating unit during the preceding calendar	42642
year.	42643

(4) The director shall issue invoices to owners or operators	42644
of air contaminant sources who are required to pay a fee assessed	42645
under division (C) or (D) of this section. Any such invoice shall	42646
be issued no sooner than the applicable date when the fee first	42647
may be collected in a year under the applicable division, shall	42648
identify the nature and amount of the fee assessed, and shall	42649
indicate that the fee is required to be paid within thirty days	42650
after the issuance of the invoice.	42651

(D)(1) Except as provided in division (D)~~(2)~~(3) of this	42652
section, ~~beginning~~from January 1, 1994, through December 31,	42653
2003, each person who owns or operates an air contaminant source;	42654
who is required to apply for a permit to operate pursuant to rules	42655
adopted under division (G), or a variance pursuant to division	42656
(H), of section 3704.03 of the Revised Code; and who is not	42657
required to apply for and obtain a Title V permit under section	42658
3704.036 of the Revised Code shall pay a single fee based upon the	42659
sum of the actual annual emissions from the facility of the	42660
regulated pollutants particulate matter, sulfur dioxide, nitrogen	42661
oxides, organic compounds, and lead in accordance with the	42662
following schedule:	42663

Total tons per year		42664
of regulated pollutants	Annual fee	42665
emitted	per facility	42666
More than 0, but less than 50	$ 75	42667
50 or more, but less than 100	300	42668
100 or more	700	42669

(2) Except as provided in division (D)(3) of this section,	42670
beginning January 1, 2004, each person who owns or operates an air	42671
contaminant source; who is required to apply for a permit to	42672
operate pursuant to rules adopted under division (G), or a	42673
variance pursuant to division (H), of section 3704.03 of the	42674
Revised Code; and who is not required to apply for and obtain a	42675
Title V permit under section 3704.03 of the Revised Code shall pay	42676
a single fee based upon the sum of the actual annual emissions	42677
from the facility of the regulated pollutants particulate matter,	42678
sulfur dioxide, nitrogen oxides, organic compounds, and lead in	42679
accordance with the following schedule:	42680

Total tons per year		42681
of regulated pollutants	Annual fee	42682
emitted	per facility	42683
More than 0, but less than 10	$ 100	42684
10 or more, but less than 50	200	42685
50 or more, but less than 100	300	42686
100 or more	700	42687

(3)(a) As used in division (D) of this section, "synthetic	42688
minor facility" means a facility for which one or more permits to	42689
install or permits to operate have been issued for the air	42690
contaminant sources at the facility that include terms and	42691
conditions that lower the facility's potential to emit air	42692
contaminants below the major source thresholds established in	42693
rules adopted under section 3704.036 of the Revised Code.	42694

(b) Beginning January 1, 2000, through June 30, ~~2004~~2006,	42695
each person who owns or operates a synthetic minor facility shall	42696
pay an annual fee based on the sum of the actual annual emissions	42697
from the facility of particulate matter, sulfur dioxide, nitrogen	42698
dioxide, organic compounds, and lead in accordance with the	42699
following schedule:	42700

Combined total tons		42701
per year of all regulated	Annual fee	42702
pollutants emitted	per facility	42703

Less than 10	$ 170	42704
10 or more, but less than 20	340	42705
20 or more, but less than 30	670	42706
30 or more, but less than 40	1,010	42707
40 or more, but less than 50	1,340	42708
50 or more, but less than 60	1,680	42709
60 or more, but less than 70	2,010	42710
70 or more, but less than 80	2,350	42711
80 or more, but less than 90	2,680	42712
90 or more, but less than 100	3,020	42713
100 or more	3,350	42714

~~(3)~~(4) The fees assessed under division (D)(1) of this	42715
section shall be collected annually no sooner than the fifteenth	42716
day of April, commencing in 1995. The fees assessed under division	42717
(D)(2) of this section shall be collected annually no sooner than	42718
the fifteenth day of April, commencing in 2005. The fees assessed	42719
under division (D)~~(2)~~(3) of this section shall be collected no	42720
sooner than the fifteenth day of April, commencing in 2000. The	42721
fees assessed under division (D) of this section in a calendar	42722
year shall be based upon the sum of the actual emissions of those	42723
regulated pollutants during the preceding calendar year. For the	42724
purpose of division (D) of this section, emissions of air	42725
contaminants may be calculated using engineering calculations,	42726
emission factors, material balance calculations, or performance	42727
testing procedures, as authorized by the director. The director,	42728
by rule, may require persons who are required to pay the fees	42729
assessed under division (D) of this section to pay those fees	42730
biennially rather than annually.	42731

(E)(1) Consistent with the need to cover the reasonable costs	42732
of the Title V permit program, the director annually shall	42733
increase the fees prescribed in division (C)(1) of this section by	42734
the percentage, if any, by which the consumer price index for the	42735
most recent calendar year ending before the beginning of a year	42736
exceeds the consumer price index for calendar year 1989. Upon	42737
calculating an increase in fees authorized by division (E)(1) of	42738
this section, the director shall compile revised fee schedules for	42739
the purposes of division (C)(1) of this section and shall make the	42740
revised schedules available to persons required to pay the fees	42741
assessed under that division and to the public.	42742

(2) For the purposes of division (E)(1) of this section:

42743

(a) The consumer price index for any year is the average of	42744
the consumer price index for all urban consumers published by the	42745
United States department of labor as of the close of the	42746
twelve-month period ending on the thirty-first day of August of	42747
that year.	42748

(b) If the 1989 consumer price index is revised, the director	42749
shall use the revision of the consumer price index that is most	42750
consistent with that for calendar year 1989.	42751

(F) Each person who is issued a permit to install pursuant to	42752
rules adopted under division (F) of section 3704.03 of the Revised	42753
Code on or after ~~January 1, 1994~~July 1, 2003, shall pay the fees	42754
specified in the following schedules:	42755

(1) Fuel-burning equipment (boilers, furnaces, or process	42756
heaters used in the process of burning fuel for the primary	42757
purpose of producing heat or power by indirect heat transfer)	42758

Input capacity (maximum)		42759
(million British thermal units per hour)	Permit to install	42760
Greater than 0, but less than 10	$ 200	42761
10 or more, but less than 100	400	42762
100 or more, but less than 300	~~800~~ 1000	42763
300 or more, but less than 500	~~1500~~ 2250	42764
500 or more, but less than 1000	~~2500~~ 3750	42765
1000 or more, but less than 5000	~~4000~~ 6000	42766
5000 or more	~~6000~~ 9000	42767

Units burning exclusively natural gas, number two fuel oil,	42768
or both shall be assessed a fee that is one-half the applicable	42769
amount shown in division (F)(1) of this section.	42770

(2) Combustion turbines and stationary internal combustion	42771
engines designed to generate electricity	42772

Generating capacity (mega watts)	Permit to install	42773
0 or more, but less than 10	$ 25	42774
10 or more, but less than 25	150	42775
25 or more, but less than 50	300	42776
50 or more, but less than 100	500	42777
100 or more, but less than 250	1000	42778
250 or more	2000	42779

(3) Incinerators

42780

Input capacity (pounds per hour)	Permit to install	42781
0 to 100	$ 100	42782
101 to 500	~~400~~ 500	42783
501 to 2000	~~750~~ 1000	42784
2001 to 20,000	~~1000~~ 1500	42785
more than 20,000	~~2500~~ 3750	42786

~~(3)~~(4)(a) Process

42787

Process weight rate (pounds per hour)	Permit to install	42788
0 to 1000	$ 200	42789
1001 to 5000	~~400~~ 500	42790
5001 to 10,000	~~600~~ 750	42791
10,001 to 50,000	~~800~~ 1000	42792
more than 50,000	~~1000~~ 1250	42793

In any process where process weight rate cannot be	42794
ascertained, the minimum fee shall be assessed. A boiler, furnace,	42795
combustion turbine, stationary internal combustion engine, or	42796
process heater designed to provide direct heat or power to a	42797
process not designed to generate electricity shall be assessed a	42798
fee established in division (F)(4)(a) of this section. A	42799
combustion turbine or stationary internal combustion engine	42800
designed to generate electricity shall be assessed a fee	42801
established in division (F)(2) of this section.	42802

(b) Notwithstanding division (F)(3)(a) of this section, any	42803
person issued a permit to install pursuant to rules adopted under	42804
division (F) of section 3704.03 of the Revised Code shall pay the	42805
fees set forth in division (F)(3)(c) of this section for a process	42806
used in any of the following industries, as identified by the	42807
applicable four-digit standard industrial classification code	42808
according to the Standard Industrial Classification Manual	42809
published by the United States office of management and budget in	42810
the executive office of the president, 1972, as revised:	42811

1211 Bituminous coal and lignite mining;

42812

1213 Bituminous coal and lignite mining services;

42813

1411 Dimension stone;

42814

1422 Crushed and broken limestone;

42815

1427 Crushed and broken stone, not elsewhere classified;

42816

1442 Construction sand and gravel;

42817

1446 Industrial sand;

42818

3281 Cut stone and stone products;

42819

3295 Minerals and earth, ground or otherwise treated.

42820

(c) The fees set forth in the following schedule apply to the	42821
issuance of a permit to install pursuant to rules adopted under	42822
division (F) of section 3704.03 of the Revised Code for a process	42823
identified in division (F)(3)(b) of this section:	42824

~~Gallons (maximum~~		42825
~~useful capacity~~ Process weight rate (pounds per hour)	Permit to install	42826
0 to ~~20,000~~ 10,000	$ ~~100~~ 200	42827
~~20,001~~ 10,001 to ~~40,000~~ 50,000	~~150~~ 400	42828
~~40,001~~ 50,001 to 100,000	~~200~~ 500	42829
100,001 to ~~250,000~~ 200,000	~~250~~ 600	42830
~~250,001~~ 200,001 to ~~500,000~~ 400,000	~~350~~ 750	42831
~~500,001 to 1,000,000~~	~~500~~	42832
~~1,000,001~~ 400,001 or ~~greater~~ more	~~750~~ 900	42833

~~(4)~~(5) Storage tanks

42834

Gallons (maximum useful capacity)	Permit to install	42835
0 to 20,000	$ 100	42836
20,001 to 40,000	150	42837
40,001 to 100,000	~~200~~ 250	42838
100,001 ~~to 250,000~~	~~250~~	42839
~~250,001~~ to 500,000	~~350~~ 400	42840
500,001 ~~to 1,000,000~~	~~500~~	42841
~~1,000,001~~ or greater	750	42842

~~(5)~~(6) Gasoline/fuel dispensing facilities

42843

For each gasoline/fuel			Permit to install			42844
dispensing facility (includes all units at the facility)			$ 100			42845

~~(6)~~(7) Dry cleaning facilities

42846

For each dry cleaning		42847
facility (includes all units	Permit to install	42848
at the facility)	$ 100	42849

~~(7)~~(8) Registration status

42850

For each source covered			Permit to install			42851
by registration status			$ 75			42852

(G) An owner or operator who is responsible for an asbestos	42853
demolition or renovation project pursuant to rules adopted under	42854
section 3704.03 of the Revised Code shall pay the fees set forth	42855
in the following schedule:	42856

Action	Fee	42857
Each notification	$75	42858
Asbestos removal	$3/unit	42859
Asbestos cleanup	$4/cubic yard	42860

For purposes of this division, "unit" means any combination of	42861
linear feet or square feet equal to fifty.	42862

(H) A person who is issued an extension of time for a permit	42863
to install an air contaminant source pursuant to rules adopted	42864
under division (F) of section 3704.03 of the Revised Code shall	42865
pay a fee equal to one-half the fee originally assessed for the	42866
permit to install under this section, except that the fee for such	42867
an extension shall not exceed two hundred dollars.	42868

(I) A person who is issued a modification to a permit to	42869
install an air contaminant source pursuant to rules adopted under	42870
section 3704.03 of the Revised Code shall pay a fee equal to	42871
one-half of the fee that would be assessed under this section to	42872
obtain a permit to install the source. The fee assessed by this	42873
division only applies to modifications that are initiated by the	42874
owner or operator of the source and shall not exceed two thousand	42875
dollars.	42876

(J) Notwithstanding division (B) or (F) of this section, a	42877
person who applies for or obtains a permit to install pursuant to	42878
rules adopted under division (F) of section 3704.03 of the Revised	42879
Code after the date actual construction of the source began shall	42880
pay a fee for the permit to install that is equal to twice the fee	42881
that otherwise would be assessed under the applicable division	42882
unless the applicant received authorization to begin construction	42883
under division (W) of section 3704.03 of the Revised Code. This	42884
division only applies to sources for which actual construction of	42885
the source begins on or after July 1, 1993. The imposition or	42886
payment of the fee established in this division does not preclude	42887
the director from taking any administrative or judicial	42888
enforcement action under this chapter, Chapter 3704., 3714.,	42889
3734., or 6111. of the Revised Code, or a rule adopted under any	42890
of them, in connection with a violation of rules adopted under	42891
division (F) of section 3704.03 of the Revised Code.	42892

As used in this division, "actual construction of the source"	42893
means the initiation of physical on-site construction activities	42894
in connection with improvements to the source that are permanent	42895
in nature, including, without limitation, the installation of	42896
building supports and foundations and the laying of underground	42897
pipework.	42898

(K) Fifty cents per ton of each fee assessed under division	42899
(C) of this section on actual emissions from a source and received	42900
by the environmental protection agency pursuant to that division	42901
shall be deposited into the state treasury to the credit of the	42902
small business assistance fund created in section 3706.19 of the	42903
Revised Code. The remainder of the moneys received by the division	42904
pursuant to that division and moneys received by the agency	42905
pursuant to divisions (D), (F), (G), (H), (I), and (J) of this	42906
section shall be deposited in the state treasury to the credit of	42907
the clean air fund created in section 3704.035 of the Revised	42908
Code.	42909

(L)(1)(a) Except as otherwise provided in division (L)(1)(b)	42910
or (c) of this section, a person issued a water discharge permit	42911
or renewal of a water discharge permit pursuant to Chapter 6111.	42912
of the Revised Code shall pay a fee based on each point source to	42913
which the issuance is applicable in accordance with the following	42914
schedule:	42915

Design flow discharge (gallons per day)	Fee	42916
0 to 1000	$ 0	42917
1,001 to 5000	100	42918
5,001 to 50,000	200	42919
50,001 to 100,000	300	42920
100,001 to 300,000	525	42921
over 300,000	750	42922

(b) Notwithstanding the fee schedule specified in division	42923
(L)(1)(a) of this section, the fee for a water discharge permit	42924
that is applicable to coal mining operations regulated under	42925
Chapter 1513. of the Revised Code shall be two hundred fifty	42926
dollars per mine.	42927

(c) Notwithstanding the fee schedule specified in division	42928
(L)(1)(a) of this section, the fee for a water discharge permit	42929
for a public discharger identified by I in the third character of	42930
the permittee's NPDES permit number shall not exceed seven hundred	42931
fifty dollars.	42932

(2) A person applying for a plan approval for a wastewater	42933
treatment works pursuant to section 6111.44, 6111.45, or 6111.46	42934
of the Revised Code shall pay a fee of one hundred dollars plus	42935
sixty-five one-hundredths of one per cent of the estimated project	42936
cost through June 30, ~~2004~~2006, and one hundred dollars plus	42937
two-tenths of one per cent of the estimated project cost on and	42938
after July 1, ~~2004~~2006, except that the total fee shall not	42939
exceed fifteen thousand dollars through June 30, ~~2004~~2006, and	42940
five thousand dollars on and after July 1, ~~2004~~2006. The fee	42941
shall be paid at the time the application is submitted.	42942

(3) A person issued a modification of a water discharge	42943
permit shall pay a fee equal to one-half the fee that otherwise	42944
would be charged for a water discharge permit, except that the fee	42945
for the modification shall not exceed four hundred dollars.	42946

(4) A person who has entered into an agreement with the	42947
director under section 6111.14 of the Revised Code shall pay an	42948
administrative service fee for each plan submitted under that	42949
section for approval that shall not exceed the minimum amount	42950
necessary to pay administrative costs directly attributable to	42951
processing plan approvals. The director annually shall calculate	42952
the fee and shall notify all persons who have entered into	42953
agreements under that section, or who have applied for agreements,	42954
of the amount of the fee.	42955

(5)(a)(i) Not later than January 30, ~~2002~~2004, and January	42956
30, ~~2003~~2005, a person holding an NPDES discharge permit issued	42957
pursuant to Chapter 6111. of the Revised Code with an average	42958
daily discharge flow of five thousand gallons or more shall pay a	42959
nonrefundable annual discharge fee. Any person who fails to pay	42960
the fee at that time shall pay an additional amount that equals	42961
ten per cent of the required annual discharge fee.	42962

(ii) The billing year for the annual discharge fee	42963
established in division (L)(5)(a)(i) of this section shall consist	42964
of a twelve-month period beginning on the first day of January of	42965
the year preceding the date when the annual discharge fee is due.	42966
In the case of an existing source that permanently ceases to	42967
discharge during a billing year, the director shall reduce the	42968
annual discharge fee, including the surcharge applicable to	42969
certain industrial facilities pursuant to division (L)(5)(c) of	42970
this section, by one-twelfth for each full month during the	42971
billing year that the source was not discharging, but only if the	42972
person holding the NPDES discharge permit for the source notifies	42973
the director in writing, not later than the first day of October	42974
of the billing year, of the circumstances causing the cessation of	42975
discharge.	42976

(iii) The annual discharge fee established in division	42977
(L)(5)(a)(i) of this section, except for the surcharge applicable	42978
to certain industrial facilities pursuant to division (L)(5)(c) of	42979
this section, shall be based upon the average daily discharge flow	42980
in gallons per day calculated using first day of May through	42981
thirty-first day of October flow data for the period two years	42982
prior to the date on which the fee is due. In the case of NPDES	42983
discharge permits for new sources, the fee shall be calculated	42984
using the average daily design flow of the facility until actual	42985
average daily discharge flow values are available for the time	42986
period specified in division (L)(5)(a)(iii) of this section. The	42987
annual discharge fee may be prorated for a new source as described	42988
in division (L)(5)(a)(ii) of this section.	42989

(b) An NPDES permit holder that is a public discharger shall	42990
pay the fee specified in the following schedule:	42991

Average daily	Fee due by	42992
discharge flow	January 30,	42993
	~~2002~~ 2004, and	42994
	January 30, ~~2003~~ 2005	42995

5,000 to 49,999	$ 200	42996
50,000 to 100,000	500	42997
100,001 to 250,000	1,050	42998
250,001 to 1,000,000	2,600	42999
1,000,001 to 5,000,000	5,200	43000
5,000,001 to 10,000,000	10,350	43001
10,000,001 to 20,000,000	15,550	43002
20,000,001 to 50,000,000	25,900	43003
50,000,001 to 100,000,000	41,400	43004
100,000,001 or more	62,100	43005

Public dischargers owning or operating two or more publicly	43006
owned treatment works serving the same political subdivision, as	43007
"treatment works" is defined in section 6111.01 of the Revised	43008
Code, and that serve exclusively political subdivisions having a	43009
population of fewer than one hundred thousand shall pay an annual	43010
discharge fee under division (L)(5)(b) of this section that is	43011
based on the combined average daily discharge flow of the	43012
treatment works.	43013

(c) An NPDES permit holder that is an industrial discharger,	43014
other than a coal mining operator identified by P in the third	43015
character of the permittee's NPDES permit number, shall pay the	43016
fee specified in the following schedule:	43017

Average daily	Fee due by	43018
discharge flow	January 30,	43019
	~~2002~~ 2004, and	43020
	January 30, ~~2003~~ 2005	43021

5,000 to 49,999	$ 250	43022
50,000 to 250,000	1,200	43023
250,001 to 1,000,000	2,950	43024
1,000,001 to 5,000,000	5,850	43025
5,000,001 to 10,000,000	8,800	43026
10,000,001 to 20,000,000	11,700	43027
20,000,001 to 100,000,000	14,050	43028
100,000,001 to 250,000,000	16,400	43029
250,000,001 or more	18,700	43030

In addition to the fee specified in the above schedule, an	43031
NPDES permit holder that is an industrial discharger classified as	43032
a major discharger during all or part of the annual discharge fee	43033
billing year specified in division (L)(5)(a)(ii) of this section	43034
shall pay a nonrefundable annual surcharge of seven thousand five	43035
hundred dollars not later than January 30, ~~2002~~2004, and not	43036
later than January 30, ~~2003~~2005. Any person who fails to pay the	43037
surcharge at that time shall pay an additional amount that equals	43038
ten per cent of the amount of the surcharge.	43039

(d) Notwithstanding divisions (L)(5)(b) and (c) of this	43040
section, a public discharger identified by I in the third	43041
character of the permittee's NPDES permit number and an industrial	43042
discharger identified by I, J, L, V, W, X, Y, or Z in the third	43043
character of the permittee's NPDES permit number shall pay a	43044
nonrefundable annual discharge fee of one hundred eighty dollars	43045
not later than January 30, ~~2002~~2004, and not later than January	43046
30, ~~2003~~2005. Any person who fails to pay the fee at that time	43047
shall pay an additional amount that equals ten per cent of the	43048
required fee.	43049

(6) Each person obtaining a national pollutant discharge	43050
elimination system general or individual permit for municipal	43051
storm water discharge shall pay a nonrefundable storm water	43052
discharge fee of one hundred dollars per square mile of area	43053
permitted. The fee shall not exceed ten thousand dollars and shall	43054
be payable on or before January 30, 2004, and the thirtieth day of	43055
January of each year thereafter. Any person who fails to pay the	43056
fee on the date specified in division (L)(6) of this section shall	43057
pay an additional amount per year equal to ten per cent of the	43058
annual fee that is unpaid.	43059

(7) The director shall transmit all moneys collected under	43060
division (L) of this section to the treasurer of state for deposit	43061
into the state treasury to the credit of the surface water	43062
protection fund created in section 6111.038 of the Revised Code.	43063

(8) As used in division (L) of this section:

43064

(a) "NPDES" means the federally approved national pollutant	43065
discharge elimination system program for issuing, modifying,	43066
revoking, reissuing, terminating, monitoring, and enforcing	43067
permits and imposing and enforcing pretreatment requirements under	43068
Chapter 6111. of the Revised Code and rules adopted under it.	43069

(b) "Public discharger" means any holder of an NPDES permit	43070
identified by P in the second character of the NPDES permit number	43071
assigned by the director.	43072

(c) "Industrial discharger" means any holder of an NPDES	43073
permit identified by I in the second character of the NPDES permit	43074
number assigned by the director.	43075

(d) "Major discharger" means any holder of an NPDES permit	43076
classified as major by the regional administrator of the United	43077
States environmental protection agency in conjunction with the	43078
director.	43079

(M) Through June 30, ~~2004~~2006, a person applying for a	43080
license or license renewal to operate a public water system under	43081
section 6109.21 of the Revised Code shall pay the appropriate fee	43082
established under this division at the time of application to the	43083
director. Any person who fails to pay the fee at that time shall	43084
pay an additional amount that equals ten per cent of the required	43085
fee. The director shall transmit all moneys collected under this	43086
division to the treasurer of state for deposit into the drinking	43087
water protection fund created in section 6109.30 of the Revised	43088
Code.	43089

~~Fees~~Except as provided in division (M)(4) of this section,	43090
fees required under this division shall be calculated and paid in	43091
accordance with the following schedule:	43092

(1) For the initial license required under division (A)(1) of	43093
section 6109.21 of the Revised Code for any public water system	43094
that is a community water system as defined in section 6109.01 of	43095
the Revised Code, and for each license renewal required for such a	43096
system prior to January 31, ~~2004~~2006, the fee is:	43097

Number of service connections		Fee amount	43098
	Not more than 49	$56 112	43099
	50 to 99	88 176	43100

Number of service connections		Average cost per connection	43101
	100 to 2,499	$~~.96~~ 1.92	43102
	2,500 to 4,999	~~.92~~ 1.48	43103
	5,000 to 7,499	~~.88~~ 1.42	43104
	7,500 to 9,999	~~.84~~ 1.34	43105
	10,000 to 14,999	~~.80~~ 1.16	43106
	15,000 to 24,999	~~.76~~ 1.10	43107
	25,000 to 49,999	~~.72~~ 1.04	43108
	50,000 to 99,999	~~.68~~ .92	43109
	100,000 to 149,999	~~.64~~ .86	43110
	150,000 to 199,999	~~.60~~ .80	43111
	200,000 or more	~~.56~~ .76	43112

A public water system may determine how it will pay the total	43113
amount of the fee calculated under division (M)(1) of this	43114
section, including the assessment of additional user fees that may	43115
be assessed on a volumetric basis.	43116

As used in division (M)(1) of this section, "service	43117
connection" means the number of active or inactive pipes,	43118
goosenecks, pigtails, and any other fittings connecting a water	43119
main to any building outlet.	43120

(2) For the initial license required under division (A)(2) of	43121
section 6109.21 of the Revised Code for any public water system	43122
that is not a community water system and serves a nontransient	43123
population, and for each license renewal required for such a	43124
system prior to January 31, ~~2004~~2006, the fee is:	43125

Population served	Fee amount	43126
Fewer than 150	$ 56 112	43127
150 to 299	88 176	43128
300 to 749	~~192~~ 384	43129
750 to 1,499	~~392~~ 628	43130
1,500 to 2,999	~~792~~ 1,268	43131
3,000 to 7,499	~~1,760~~ 2,816	43132
7,500 to 14,999	~~3,800~~ 5,510	43133
15,000 to 22,499	~~6,240~~ 9,048	43134
22,500 to 29,999	~~8,576~~ 12,430	43135
30,000 or more	~~11,600~~ 16,820	43136

As used in division (M)(2) of this section, "population	43137
served" means the total number of individuals receiving water from	43138
the water supply during a twenty-four-hour period for at least	43139
sixty days during any calendar year. In the absence of a specific	43140
population count, that number shall be calculated at the rate of	43141
three individuals per service connection.	43142

(3) For the initial license required under division (A)(3) of	43143
section 6109.21 of the Revised Code for any public water system	43144
that is not a community water system and serves a transient	43145
population, and for each license renewal required for such a	43146
system prior to January 31, ~~2004~~2006, the fee is:	43147

Number of wells supplying system		Fee amount	43148
	1	$ 56 112	43149
	2	56 112	43150
	3	88 176	43151
	4	~~192~~ 278	43152
	5	~~392~~ 568	43153
	System ~~supplied by~~ designated as using a surface		43154
	water~~, springs, or dug wells~~ source	792	43155

As used in division (M)(3) of this section, "number of wells	43156
supplying system" means those wells that are physically connected	43157
to the plumbing system serving the public water system.	43158

(4) A public water system designated as using a surface water	43159
source shall pay a fee of seven hundred ninety-two dollars or the	43160
amount calculated under division (M)(1) or (2) of this section,	43161
whichever is greater.	43162

(N)(1) A person applying for a plan approval for a public	43163
water supply system under section 6109.07 of the Revised Code	43164
shall pay a fee of one hundred fifty dollars plus ~~two-tenths~~	43165
thirty-five hundredths of one per cent of the estimated project	43166
cost, except that the total fee shall not exceed ~~fifteen~~twenty	43167
thousand dollars through June 30, ~~2004~~2006, and ~~five~~fifteen	43168
thousand dollars on and after July 1, ~~2004~~2006. The fee shall be	43169
paid at the time the application is submitted.	43170

(2) A person who has entered into an agreement with the	43171
director under division (A)(2) of section 6109.07 of the Revised	43172
Code shall pay an administrative service fee for each plan	43173
submitted under that section for approval that shall not exceed	43174
the minimum amount necessary to pay administrative costs directly	43175
attributable to processing plan approvals. The director annually	43176
shall calculate the fee and shall notify all persons that have	43177
entered into agreements under that division, or who have applied	43178
for agreements, of the amount of the fee.	43179

(3) Through June 30, ~~2004~~2006, the following fee, on a per	43180
survey basis, shall be charged any person for services rendered by	43181
the state in the evaluation of laboratories and laboratory	43182
personnel for compliance with accepted analytical techniques and	43183
procedures established pursuant to Chapter 6109. of the Revised	43184
Code for determining the qualitative characteristics of water:	43185

microbiological		~~$1,650~~	43186
	MMO-MUG	$2,000	43187
	MF	2,100	43188
	MMO-MUG and MF	2,550	43189
organic chemical		~~3,500~~ 5,400	43190
~~inorganic chemical~~ trace metals		~~3,500~~ 5,400	43191
standard chemistry		~~1,800~~ 2,800	43192
limited chemistry		~~1,000~~ 1,550	43193

On and after July 1, ~~2004~~2006, the following fee, on a per	43194
survey basis, shall be charged any such person:	43195

microbiological	$~~250~~ 1,650	43196
organic chemicals	3,500	43197
~~chemical/radiological~~ trace metals	~~250~~ 3,500	43198
standard chemistry	1,800	43199
~~nitrate/turbidity (only)~~ limited chemistry	~~150~~ 1,000	43200

The fee for those services shall be paid at the time the request	43201
for the survey is made. Through June 30, ~~2004~~ 2006, an individual	43202
laboratory shall not be assessed a fee under this division more	43203
than once in any three-year period unless the person requests the	43204
addition of analytical methods or analysts, in which case the	43205
person shall pay eighteen hundred dollars for each additional	43206
survey requested.	43207

As used in division (N)(3) of this section:

43208

(a) "MF" means microfiltration.

43209

(b) "MMO" means minimal medium ONPG.

43210

43211

(d) "ONPG" means o-nitrophenyl-beta-D-galactopyranoside.

43212

The director shall transmit all moneys collected under this	43213
division to the treasurer of state for deposit into the drinking	43214
water protection fund created in section 6109.30 of the Revised	43215
Code.	43216

(O) Any person applying to the director for examination for	43217
certification as an operator of a water supply system or	43218
wastewater system under Chapter 6109. or 6111. of the Revised	43219
Code, at the time the application is submitted, shall pay an	43220
application fee of twenty-five dollars through ~~June~~November 30,	43221
~~2004, and ten dollars on and after July 1, 2004~~2003. Upon	43222
approval from the director that the applicant is eligible to take	43223
the examination therefor, the applicant shall pay a fee in	43224
accordance with the following schedule through ~~June~~November 30,	43225
~~2004~~2003:	43226

Class I operator	$45	43227
Class II operator	55	43228
Class III operator	65	43229
Class IV operator	75	43230

On and after December 1, 2003, any person applying to the	43231
director for examination for certification as an operator of a	43232
water supply system or wastewater system under Chapter 6109. or	43233
6111. of the Revised Code, at the time the application is	43234
submitted, shall pay an application fee of forty-five dollars	43235
through November 30, 2006, and twenty-five dollars on and after	43236
December 1, 2006. Upon approval from the director that the	43237
applicant is eligible to take the examination therefor, the	43238
applicant shall pay a fee in accordance with the following	43239
schedule through November 30, 2006:	43240

Class A operator	$35	43241
Class I operator	60	43242
Class II operator	75	43243
Class III operator	85	43244
Class IV operator	100	43245

On and after ~~July~~December 1, ~~2004~~2006, the applicant shall	43246
pay a fee in accordance with the following schedule:	43247

Class A operator	$25	43248
Class I operator	$25 45	43249
Class II operator	35 55	43250
Class III operator	45 65	43251
Class IV operator	55 75	43252

A person shall pay a biennial certification renewal fee for	43253
each applicable class of certification in accordance with the	43254
following schedule:	43255

Class A operator	$25	43256
Class I operator	35	43257
Class II operator	45	43258
Class III operator	55	43259
Class IV operator	65	43260

If a certification renewal fee is received by the director	43261
more than thirty days, but not more than one year after the	43262
expiration date of the certification, the person shall pay a	43263
certification renewal fee in accordance with the following	43264
schedule:	43265

Class A operator	$45	43266
Class I operator	55	43267
Class II operator	65	43268
Class III operator	75	43269
Class IV operator	85	43270

A person who requests a replacement certificate shall pay a	43271
fee of twenty-five dollars at the time the request is made.	43272

The director shall transmit all moneys collected under this	43273
division to the treasurer of state for deposit into the drinking	43274
water protection fund created in section 6109.30 of the Revised	43275
Code.	43276

(P) ~~Through June 30, 2004, any~~Any person submitting an	43277
application for an industrial water pollution control certificate	43278
under section 6111.31 of the Revised Code, as that section existed	43279
before its repeal by H.B. 95 of the 125th general assembly, shall	43280
pay a nonrefundable fee of five hundred dollars at the time the	43281
application is submitted. The director shall transmit all moneys	43282
collected under this division to the treasurer of state for	43283
deposit into the surface water protection fund created in section	43284
6111.038 of the Revised Code. A person paying a certificate fee	43285
under this division shall not pay an application fee under	43286
division (S)(1) of this section. On and after the effective date	43287
of this amendment, persons shall file such applications and pay	43288
the fee as required under sections 5709.20 to 5709.27 of the	43289
Revised Code, and proceeds from the fee shall be credited as	43290
provided in section 5709.212 of the Revised Code.	43291

(Q) Except as otherwise provided in division (R) of this	43292
section, a person issued a permit by the director for a new solid	43293
waste disposal facility other than an incineration or composting	43294
facility, a new infectious waste treatment facility other than an	43295
incineration facility, or a modification of such an existing	43296
facility that includes an increase in the total disposal or	43297
treatment capacity of the facility pursuant to Chapter 3734. of	43298
the Revised Code shall pay a fee of ten dollars per thousand cubic	43299
yards of disposal or treatment capacity, or one thousand dollars,	43300
whichever is greater, except that the total fee for any such	43301
permit shall not exceed eighty thousand dollars. A person issued a	43302
modification of a permit for a solid waste disposal facility or an	43303
infectious waste treatment facility that does not involve an	43304
increase in the total disposal or treatment capacity of the	43305
facility shall pay a fee of one thousand dollars. A person issued	43306
a permit to install a new, or modify an existing, solid waste	43307
transfer facility under that chapter shall pay a fee of two	43308
thousand five hundred dollars. A person issued a permit to install	43309
a new or to modify an existing solid waste incineration or	43310
composting facility, or an existing infectious waste treatment	43311
facility using incineration as its principal method of treatment,	43312
under that chapter shall pay a fee of one thousand dollars. The	43313
increases in the permit fees under this division resulting from	43314
the amendments made by Amended Substitute House Bill 592 of the	43315
117th general assembly do not apply to any person who submitted an	43316
application for a permit to install a new, or modify an existing,	43317
solid waste disposal facility under that chapter prior to	43318
September 1, 1987; any such person shall pay the permit fee	43319
established in this division as it existed prior to June 24, 1988.	43320
In addition to the applicable permit fee under this division, a	43321
person issued a permit to install or modify a solid waste facility	43322
or an infectious waste treatment facility under that chapter who	43323
fails to pay the permit fee to the director in compliance with	43324
division (V) of this section shall pay an additional ten per cent	43325
of the amount of the fee for each week that the permit fee is	43326
late.	43327

Permit and late payment fees paid to the director under this	43328
division shall be credited to the general revenue fund.	43329

(R)(1) A person issued a registration certificate for a scrap	43330
tire collection facility under section 3734.75 of the Revised Code	43331
shall pay a fee of two hundred dollars, except that if the	43332
facility is owned or operated by a motor vehicle salvage dealer	43333
licensed under Chapter 4738. of the Revised Code, the person shall	43334
pay a fee of twenty-five dollars.	43335

(2) A person issued a registration certificate for a new	43336
scrap tire storage facility under section 3734.76 of the Revised	43337
Code shall pay a fee of three hundred dollars, except that if the	43338
facility is owned or operated by a motor vehicle salvage dealer	43339
licensed under Chapter 4738. of the Revised Code, the person shall	43340
pay a fee of twenty-five dollars.	43341

(3) A person issued a permit for a scrap tire storage	43342
facility under section 3734.76 of the Revised Code shall pay a fee	43343
of one thousand dollars, except that if the facility is owned or	43344
operated by a motor vehicle salvage dealer licensed under Chapter	43345
4738. of the Revised Code, the person shall pay a fee of fifty	43346
dollars.	43347

(4) A person issued a permit for a scrap tire monocell or	43348
monofill facility under section 3734.77 of the Revised Code shall	43349
pay a fee of ten dollars per thousand cubic yards of disposal	43350
capacity or one thousand dollars, whichever is greater, except	43351
that the total fee for any such permit shall not exceed eighty	43352
thousand dollars.	43353

(5) A person issued a registration certificate for a scrap	43354
tire recovery facility under section 3734.78 of the Revised Code	43355
shall pay a fee of one hundred dollars.	43356

(6) A person issued a permit for a scrap tire recovery	43357
facility under section 3734.78 of the Revised Code shall pay a fee	43358
of one thousand dollars.	43359

(7) In addition to the applicable registration certificate or	43360
permit fee under divisions (R)(1) to (6) of this section, a person	43361
issued a registration certificate or permit for any such scrap	43362
tire facility who fails to pay the registration certificate or	43363
permit fee to the director in compliance with division (V) of this	43364
section shall pay an additional ten per cent of the amount of the	43365
fee for each week that the fee is late.	43366

(8) The registration certificate, permit, and late payment	43367
fees paid to the director under divisions (R)(1) to (7) of this	43368
section shall be credited to the scrap tire management fund	43369
created in section 3734.82 of the Revised Code.	43370

(S)(1) Except as provided by divisions (L), (M), (N), (O),	43371
(P), and (S)(2) of this section, division (A)(2) of section	43372
3734.05 of the Revised Code, section 3734.79 of the Revised Code,	43373
and rules adopted under division (T)(1) of this section, any	43374
person applying for a registration certificate under section	43375
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit,	43376
variance, or plan approval under Chapter 3734. of the Revised Code	43377
shall pay a nonrefundable fee of fifteen dollars at the time the	43378
application is submitted.	43379

Except as otherwise provided, any person applying for a	43380
permit, variance, or plan approval under Chapter 6109. or 6111. of	43381
the Revised Code shall pay a nonrefundable fee of one hundred	43382
dollars at the time the application is submitted through June 30,	43383
~~2004~~2006, and a nonrefundable fee of fifteen dollars at the time	43384
the application is submitted on and after July 1, ~~2004~~2006.	43385
Through June 30, ~~2004~~2006, any person applying for a national	43386
pollutant discharge elimination system permit under Chapter 6111.	43387
of the Revised Code shall pay a nonrefundable fee of two hundred	43388
dollars at the time of application for the permit. On and after	43389
July 1, ~~2004~~2006, such a person shall pay a nonrefundable fee of	43390
fifteen dollars at the time of application.	43391

In addition to the application fee established under division	43392
(S)(1) of this section, any person applying for a national	43393
pollutant discharge elimination system general storm water	43394
construction permit shall pay a nonrefundable fee of twenty	43395
dollars per acre for each acre that is permitted above five acres	43396
at the time the application is submitted. However, the per acreage	43397
fee shall not exceed three hundred dollars. In addition, any	43398
person applying for a national pollutant discharge elimination	43399
system general storm water industrial permit shall pay a	43400
nonrefundable fee of one hundred fifty dollars at the time the	43401
application is submitted.	43402

The director shall transmit all moneys collected under	43403
division (S)(1) of this section pursuant to Chapter 6109. of the	43404
Revised Code to the treasurer of state for deposit into the	43405
drinking water protection fund created in section 6109.30 of the	43406
Revised Code.	43407

The director shall transmit all moneys collected under	43408
division (S)(1) of this section pursuant to Chapter 6111. of the	43409
Revised Code to the treasurer of state for deposit into the	43410
surface water protection fund created in section 6111.038 of the	43411
Revised Code.	43412

If a registration certificate is issued under section	43413
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of	43414
the application fee paid shall be deducted from the amount of the	43415
registration certificate fee due under division (R)(1), (2), or	43416
(5) of this section, as applicable.	43417

If a person submits an electronic application for a	43418
registration certificate, permit, variance, or plan approval for	43419
which an application fee is established under division (S)(1) of	43420
this section, the person shall pay the applicable application fee	43421
as expeditiously as possible after the submission of the	43422
electronic application. An application for a registration	43423
certificate, permit, variance, or plan approval for which an	43424
application fee is established under division (S)(1) of this	43425
section shall not be reviewed or processed until the applicable	43426
application fee, and any other fees established under this	43427
division, are paid.	43428

(2) Division (S)(1) of this section does not apply to an	43429
application for a registration certificate for a scrap tire	43430
collection or storage facility submitted under section 3734.75 or	43431
3734.76 of the Revised Code, as applicable, if the owner or	43432
operator of the facility or proposed facility is a motor vehicle	43433
salvage dealer licensed under Chapter 4738. of the Revised Code.	43434

(T) The director may adopt, amend, and rescind rules in	43435
accordance with Chapter 119. of the Revised Code that do all of	43436
the following:	43437

(1) Prescribe fees to be paid by applicants for and holders	43438
of any license, permit, variance, plan approval, or certification	43439
required or authorized by Chapter 3704., 3734., 6109., or 6111. of	43440
the Revised Code that are not specifically established in this	43441
section. The fees shall be designed to defray the cost of	43442
processing, issuing, revoking, modifying, denying, and enforcing	43443
the licenses, permits, variances, plan approvals, and	43444
certifications.	43445

The director shall transmit all moneys collected under rules	43446
adopted under division (T)(1) of this section pursuant to Chapter	43447
6109. of the Revised Code to the treasurer of state for deposit	43448
into the drinking water protection fund created in section 6109.30	43449
of the Revised Code.	43450

The director shall transmit all moneys collected under rules	43451
adopted under division (T)(1) of this section pursuant to Chapter	43452
6111. of the Revised Code to the treasurer of state for deposit	43453
into the surface water protection fund created in section 6111.038	43454
of the Revised Code.	43455

(2) Exempt the state and political subdivisions thereof,	43456
including education facilities or medical facilities owned by the	43457
state or a political subdivision, or any person exempted from	43458
taxation by section 5709.07 or 5709.12 of the Revised Code, from	43459
any fee required by this section;	43460

(3) Provide for the waiver of any fee, or any part thereof,	43461
otherwise required by this section whenever the director	43462
determines that the imposition of the fee would constitute an	43463
unreasonable cost of doing business for any applicant, class of	43464
applicants, or other person subject to the fee;	43465

(4) Prescribe measures that the director considers necessary	43466
to carry out this section.	43467

(U) When the director reasonably demonstrates that the direct	43468
cost to the state associated with the issuance of a permit to	43469
install, license, variance, plan approval, or certification	43470
exceeds the fee for the issuance or review specified by this	43471
section, the director may condition the issuance or review on the	43472
payment by the person receiving the issuance or review of, in	43473
addition to the fee specified by this section, the amount, or any	43474
portion thereof, in excess of the fee specified under this	43475
section. The director shall not so condition issuances for which	43476
fees are prescribed in divisions (B)(7) and (L)(1)(b) of this	43477
section.	43478

(V) Except as provided in divisions (L), (M), and (P) of this	43479
section or unless otherwise prescribed by a rule of the director	43480
adopted pursuant to Chapter 119. of the Revised Code, all fees	43481
required by this section are payable within thirty days after the	43482
issuance of an invoice for the fee by the director or the	43483
effective date of the issuance of the license, permit, variance,	43484
plan approval, or certification. If payment is late, the person	43485
responsible for payment of the fee shall pay an additional ten per	43486
cent of the amount due for each month that it is late.	43487

(W) As used in this section, "fuel-burning equipment,"	43488
"fuel-burning equipment input capacity," "incinerator,"	43489
"incinerator input capacity," "process," "process weight rate,"	43490
"storage tank," "gasoline dispensing facility," "dry cleaning	43491
facility," "design flow discharge," and "new source treatment	43492
works" have the meanings ascribed to those terms by applicable	43493
rules or standards adopted by the director under Chapter 3704. or	43494
6111. of the Revised Code.	43495

(X) As used in divisions (B), (C), (D), (E), (F), (H), (I),	43496
and (J) of this section, and in any other provision of this	43497
section pertaining to fees paid pursuant to Chapter 3704. of the	43498
Revised Code:	43499

(1) "Facility," "federal Clean Air Act," "person," and "Title	43500
V permit" have the same meanings as in section 3704.01 of the	43501
Revised Code.	43502

(2) "Title V permit program" means the following activities	43503
as necessary to meet the requirements of Title V of the federal	43504
Clean Air Act and 40 C.F.R. part 70, including at least:	43505

(a) Preparing and adopting, if applicable, generally	43506
applicable rules or guidance regarding the permit program or its	43507
implementation or enforcement;	43508

(b) Reviewing and acting on any application for a Title V	43509
permit, permit revision, or permit renewal, including the	43510
development of an applicable requirement as part of the processing	43511
of a permit, permit revision, or permit renewal;	43512

(c) Administering the permit program, including the	43513
supporting and tracking of permit applications, compliance	43514
certification, and related data entry;	43515

(d) Determining which sources are subject to the program and	43516
implementing and enforcing the terms of any Title V permit, not	43517
including any court actions or other formal enforcement actions;	43518

(e) Emission and ambient monitoring;

43519

(f) Modeling, analyses, or demonstrations;

43520

(g) Preparing inventories and tracking emissions;

43521

(h) Providing direct and indirect support to small business	43522
stationary sources to determine and meet their obligations under	43523
the federal Clean Air Act pursuant to the small business	43524
stationary source technical and environmental compliance	43525
assistance program required by section 507 of that act and	43526
established in sections 3704.18, 3704.19, and 3706.19 of the	43527
Revised Code.	43528

(Y)(1) Except as provided in divisions (Y)(2), (3), and (4)	43529
of this section, each sewage sludge facility shall pay a	43530
nonrefundable annual sludge fee equal to three dollars and fifty	43531
cents per dry ton of sewage sludge, including the dry tons of	43532
sewage sludge in materials derived from sewage sludge, that the	43533
sewage sludge facility treats or disposes of in this state. The	43534
annual volume of sewage sludge treated or disposed of by a sewage	43535
sludge facility shall be calculated using the first day of January	43536
through the thirty-first day of December of the calendar year	43537
preceding the date on which payment of the fee is due.	43538

(2)(a) Except as provided in division (Y)(2)(d) of this	43539
section, each sewage sludge facility shall pay a minimum annual	43540
sewage sludge fee of one hundred dollars.	43541

(b) The annual sludge fee required to be paid by a sewage	43542
sludge facility that treats or disposes of exceptional quality	43543
sludge in this state shall be thirty-five per cent less per dry	43544
ton of exceptional quality sludge than the fee assessed under	43545
division (Y)(1) of this section, subject to the following	43546
exceptions:	43547

(i) Except as provided in division (Y)(2)(d) of this section,	43548
a sewage sludge facility that treats or disposes of exceptional	43549
quality sludge shall pay a minimum annual sewage sludge fee of one	43550
hundred dollars.	43551

(ii) A sewage sludge facility that treats or disposes of	43552
exceptional quality sludge shall not be required to pay the annual	43553
sludge fee for treatment or disposal in this state of exceptional	43554
quality sludge generated outside of this state and contained in	43555
bags or other containers not greater than one hundred pounds in	43556
capacity.	43557

A thirty-five per cent reduction for exceptional quality	43558
sludge applies to the maximum annual fees established under	43559
division (Y)(3) of this section.	43560

(c) A sewage sludge facility that transfers sewage sludge to	43561
another sewage sludge facility in this state for further treatment	43562
prior to disposal in this state shall not be required to pay the	43563
annual sludge fee for the tons of sewage sludge that have been	43564
transferred. In such a case, the sewage sludge facility that	43565
disposes of the sewage sludge shall pay the annual sludge fee.	43566
However, the facility transferring the sewage sludge shall pay the	43567
one-hundred-dollar minimum fee required under division (Y)(2)(a)	43568
of this section.	43569

In the case of a sewage sludge facility that treats sewage	43570
sludge in this state and transfers it out of this state to another	43571
entity for disposal, the sewage sludge facility in this state	43572
shall be required to pay the annual sludge fee for the tons of	43573
sewage sludge that have been transferred.	43574

(d) A sewage sludge facility that generates sewage sludge	43575
resulting from an average daily discharge flow of less than five	43576
thousand gallons per day is not subject to the fees assessed under	43577
division (Y) of this section.	43578

(3) No sewage sludge facility required to pay the annual	43579
sludge fee shall be required to pay more than the maximum annual	43580
fee for each disposal method that the sewage sludge facility uses.	43581
The maximum annual fee does not include the additional amount that	43582
may be charged under division (Y)(5) of this section for late	43583
payment of the annual sludge fee. The maximum annual fee for the	43584
following methods of disposal of sewage sludge is as follows:	43585

(a) Incineration: five thousand dollars;

43586

(b) Preexisting land reclamation project or disposal in a	43587
landfill: five thousand dollars;	43588

(c) Land application, land reclamation, surface disposal, or	43589
any other disposal method not specified in division (Y)(3)(a) or	43590
(b) of this section: twenty thousand dollars.	43591

(4)(a) In the case of an entity that generates sewage sludge	43592
or a sewage sludge facility that treats sewage sludge and	43593
transfers the sewage sludge to an incineration facility for	43594
disposal, the incineration facility, and not the entity generating	43595
the sewage sludge or the sewage sludge facility treating the	43596
sewage sludge, shall pay the annual sludge fee for the tons of	43597
sewage sludge that are transferred. However, the entity or	43598
facility generating or treating the sewage sludge shall pay the	43599
one-hundred-dollar minimum fee required under division (Y)(2)(a)	43600
of this section.	43601

(b) In the case of an entity that generates sewage sludge and	43602
transfers the sewage sludge to a landfill for disposal or to a	43603
sewage sludge facility for land reclamation or surface disposal,	43604
the entity generating the sewage sludge, and not the landfill or	43605
sewage sludge facility, shall pay the annual sludge fee for the	43606
tons of sewage sludge that are transferred.	43607

(5) Not later than the first day of April of the calendar	43608
year following March 17, 2000, and each first day of April	43609
thereafter, the director shall issue invoices to persons who are	43610
required to pay the annual sludge fee. The invoice shall identify	43611
the nature and amount of the annual sludge fee assessed and state	43612
the first day of May as the deadline for receipt by the director	43613
of objections regarding the amount of the fee and the first day of	43614
July as the deadline for payment of the fee.	43615

Not later than the first day of May following receipt of an	43616
invoice, a person required to pay the annual sludge fee may submit	43617
objections to the director concerning the accuracy of information	43618
regarding the number of dry tons of sewage sludge used to	43619
calculate the amount of the annual sludge fee or regarding whether	43620
the sewage sludge qualifies for the exceptional quality sludge	43621
discount established in division (Y)(2)(b) of this section. The	43622
director may consider the objections and adjust the amount of the	43623
fee to ensure that it is accurate.	43624

If the director does not adjust the amount of the annual	43625
sludge fee in response to a person's objections, the person may	43626
appeal the director's determination in accordance with Chapter	43627
119. of the Revised Code.	43628

Not later than the first day of June, the director shall	43629
notify the objecting person regarding whether the director has	43630
found the objections to be valid and the reasons for the finding.	43631
If the director finds the objections to be valid and adjusts the	43632
amount of the annual sludge fee accordingly, the director shall	43633
issue with the notification a new invoice to the person	43634
identifying the amount of the annual sludge fee assessed and	43635
stating the first day of July as the deadline for payment.	43636

Not later than the first day of July, any person who is	43637
required to do so shall pay the annual sludge fee. Any person who	43638
is required to pay the fee, but who fails to do so on or before	43639
that date shall pay an additional amount that equals ten per cent	43640
of the required annual sludge fee.	43641

(6) The director shall transmit all moneys collected under	43642
division (Y) of this section to the treasurer of state for deposit	43643
into the surface water protection fund created in section 6111.038	43644
of the Revised Code. The moneys shall be used to defray the costs	43645
of administering and enforcing provisions in Chapter 6111. of the	43646
Revised Code and rules adopted under it that govern the use,	43647
storage, treatment, or disposal of sewage sludge.	43648

(7) Beginning in fiscal year 2001, and every two years	43649
thereafter, the director shall review the total amount of moneys	43650
generated by the annual sludge fees to determine if that amount	43651
exceeded six hundred thousand dollars in either of the two	43652
preceding fiscal years. If the total amount of moneys in the fund	43653
exceeded six hundred thousand dollars in either fiscal year, the	43654
director, after review of the fee structure and consultation with	43655
affected persons, shall issue an order reducing the amount of the	43656
fees levied under division (Y) of this section so that the	43657
estimated amount of moneys resulting from the fees will not exceed	43658
six hundred thousand dollars in any fiscal year.	43659

If, upon review of the fees under division (Y)(7) of this	43660
section and after the fees have been reduced, the director	43661
determines that the total amount of moneys collected and	43662
accumulated is less than six hundred thousand dollars, the	43663
director, after review of the fee structure and consultation with	43664
affected persons, may issue an order increasing the amount of the	43665
fees levied under division (Y) of this section so that the	43666
estimated amount of moneys resulting from the fees will be	43667
approximately six hundred thousand dollars. Fees shall never be	43668
increased to an amount exceeding the amount specified in division	43669
(Y)(7) of this section.	43670

Notwithstanding section 119.06 of the Revised Code, the	43671
director may issue an order under division (Y)(7) of this section	43672
without the necessity to hold an adjudicatory hearing in	43673
connection with the order. The issuance of an order under this	43674
division is not an act or action for purposes of section 3745.04	43675
of the Revised Code.	43676

(8) As used in division (Y) of this section:

43677

(a) "Sewage sludge facility" means an entity that performs	43678
treatment on or is responsible for the disposal of sewage sludge.	43679

(b) "Sewage sludge" means a solid, semi-solid, or liquid	43680
residue generated during the treatment of domestic sewage in a	43681
treatment works as defined in section 6111.01 of the Revised Code.	43682
"Sewage sludge" includes, but is not limited to, scum or solids	43683
removed in primary, secondary, or advanced wastewater treatment	43684
processes. "Sewage sludge" does not include ash generated during	43685
the firing of sewage sludge in a sewage sludge incinerator, grit	43686
and screenings generated during preliminary treatment of domestic	43687
sewage in a treatment works, animal manure, residue generated	43688
during treatment of animal manure, or domestic septage.	43689

(c) "Exceptional quality sludge" means sewage sludge that	43690
meets all of the following qualifications:	43691

(i) Satisfies the class A pathogen standards in 40 C.F.R.	43692
503.32(a);	43693

(ii) Satisfies one of the vector attraction reduction	43694
requirements in 40 C.F.R. 503.33(b)(1) to (b)(8);	43695

(iii) Does not exceed the ceiling concentration limitations	43696
for metals listed in table one of 40 C.F.R. 503.13;	43697

(iv) Does not exceed the concentration limitations for metals	43698
listed in table three of 40 C.F.R. 503.13.	43699

(d) "Treatment" means the preparation of sewage sludge for	43700
final use or disposal and includes, but is not limited to,	43701
thickening, stabilization, and dewatering of sewage sludge.	43702

(e) "Disposal" means the final use of sewage sludge,	43703
including, but not limited to, land application, land reclamation,	43704
surface disposal, or disposal in a landfill or an incinerator.	43705

(f) "Land application" means the spraying or spreading of	43706
sewage sludge onto the land surface, the injection of sewage	43707
sludge below the land surface, or the incorporation of sewage	43708
sludge into the soil for the purposes of conditioning the soil or	43709
fertilizing crops or vegetation grown in the soil.	43710

(g) "Land reclamation" means the returning of disturbed land	43711
to productive use.	43712

(h) "Surface disposal" means the placement of sludge on an	43713
area of land for disposal, including, but not limited to,	43714
monofills, surface impoundments, lagoons, waste piles, or	43715
dedicated disposal sites.	43716

(i) "Incinerator" means an entity that disposes of sewage	43717
sludge through the combustion of organic matter and inorganic	43718
matter in sewage sludge by high temperatures in an enclosed	43719
device.	43720

(j) "Incineration facility" includes all incinerators owned	43721
or operated by the same entity and located on a contiguous tract	43722
of land. Areas of land are considered to be contiguous even if	43723
they are separated by a public road or highway.	43724

(k) "Annual sludge fee" means the fee assessed under division	43725
(Y)(1) of this section.	43726

(l) "Landfill" means a sanitary landfill facility, as defined	43727
in rules adopted under section 3734.02 of the Revised Code, that	43728
is licensed under section 3734.05 of the Revised Code.	43729

(m) "Preexisting land reclamation project" means a	43730
property-specific land reclamation project that has been in	43731
continuous operation for not less than five years pursuant to	43732
approval of the activity by the director and includes the	43733
implementation of a community outreach program concerning the	43734
activity.	43735

Sec. 3745.14. (A) As used in this section:

43736

(1) "Compliance review" means the review of an application	43737
for a permit, renewal of a permit, or plan approval, or	43738
modification thereof, for an existing or proposed facility,	43739
source, or activity and the accompanying engineering plans,	43740
specifications, and materials and information that are submitted	43741
under Chapter 3704., 3734., 6109., or 6111. of the Revised Code	43742
and rules adopted under them for compliance with performance	43743
standards under the applicable chapter and rules adopted under it.	43744
"Compliance review" does not include the review of an application	43745
for a hazardous waste facility installation and operation permit	43746
or the renewal or modification of such a permit, a permit to	43747
establish or modify an infectious waste treatment facility, a	43748
permit to install a solid waste incineration facility that also	43749
would treat infectious wastes, or a permit to modify a solid waste	43750
incineration facility to also treat infectious wastes under	43751
Chapter 3734. of the Revised Code.	43752

(2) "Engineer" includes both of the following:

43753

(a) A professional engineer registered under Chapter 4733. of	43754
the Revised Code;	43755

(b) A firm, partnership, association, or corporation	43756
providing engineering services in this state in compliance with	43757
Chapter 4733. of the Revised Code.	43758

(B) The director of environmental protection, in accordance	43759
with Chapter 119. of the Revised Code, shall adopt, and may amend	43760
and rescind, rules establishing a program for the certification of	43761
engineers to conduct compliance reviews. The rules, at a minimum,	43762
shall do all of the following:	43763

(1) Require that the program be administered by the director;

43764

(2) Establish eligibility criteria for certification to	43765
conduct compliance reviews;	43766

(3) Establish criteria for denying, suspending, and revoking	43767
certifications and renewals of certifications issued pursuant to	43768
rules adopted under division (B) of this section;	43769

(4) Require the periodic renewal of certifications issued	43770
pursuant to rules adopted under division (B) of this section;	43771

(5) Establish an application fee and fee for issuance for	43772
certifications under this section. The fees shall be established	43773
at a level calculated to defray the costs to the environmental	43774
protection agency for administering the certification program	43775
established by rules adopted under division (B) of this section.	43776
All such application and certification fees received by the	43777
director shall be deposited into the state treasury to the credit	43778
of the permit review fund created in division (E) of this section.	43779

(C) The director shall maintain a current list of all	43780
engineers who are certified to conduct compliance reviews pursuant	43781
to rules adopted under this section. The list shall indicate the	43782
types of permits, permit renewals, and plan approvals that each	43783
engineer is certified to review and the types or categories of	43784
facilities, sources, or activities in connection with which the	43785
engineer is certified to conduct the reviews. Upon request, the	43786
director shall provide a copy of the list to anyone requesting it.	43787

(D) An applicant for a permit, renewal of a permit, plan	43788
approval, or modification thereof, under Chapter 3704., 3734.,	43789
6109., or 6111. of the Revised Code and applicable rules adopted	43790
under them, other than a hazardous waste facility installation and	43791
operation permit or renewal or modification of such a permit, a	43792
permit to establish or modify an infectious waste treatment	43793
facility, a permit to install a solid waste incineration facility	43794
that also would treat infectious wastes, or a permit to modify a	43795
solid waste incineration facility to also treat infectious wastes	43796
under Chapter 3734. of the Revised Code, may submit a written	43797
request to the director to have the compliance review conducted by	43798
an engineer certified under this section. The request shall	43799
accompany the permit application, shall indicate the applicant's	43800
choice from among the certified engineers on the director's list	43801
who are qualified to conduct the compliance review, shall be	43802
accompanied by separate certifications by the applicant and the	43803
engineer indicating that the applicant does not have and has not	43804
had during the preceding two years a financial interest in the	43805
engineer and has not employed or retained the engineer to perform	43806
services for the applicant during the preceding two years, and may	43807
be accompanied by a draft proposal for conducting the compliance	43808
review that was developed by the applicant and the engineer. No	43809
such draft proposal is binding upon the director.	43810

Within seven days after receiving a request under this	43811
division, the director shall do all of the following, as	43812
appropriate:	43813

(1) In the director's discretion, approve or disapprove the	43814
applicant's request to have the compliance review of the	43815
application conducted by an engineer on the list of certified	43816
engineers prepared under this section;	43817

(2) If the director approves the conducting of the compliance	43818
review by such a certified engineer, approve or disapprove, in the	43819
director's discretion, the applicant's choice of the engineer;	43820

(3) Mail written notice of decisions made under divisions	43821
(D)(1) and (2) of this section to the applicant.	43822

If the director fails to mail notice of the director's	43823
decisions on the request to the applicant within seven days after	43824
receiving the request, it is conclusively presumed that the	43825
director approved the applicant's request to have the compliance	43826
review conducted by a certified engineer and the applicant's	43827
choice of the engineer, and the director shall enter into a	43828
contract with the engineer chosen by the applicant. If the	43829
director disapproves the applicant's choice of an engineer and	43830
provides timely notice of the disapproval to the applicant, the	43831
director and applicant, by mutual agreement, shall select another	43832
engineer from the list prepared under this section to conduct the	43833
compliance review, and the director shall enter into a contract	43834
with that engineer.	43835

(E) The director may enter into contracts for conducting	43836
performance reviews under division (D) of this section without	43837
advertising for bids. The commencement of any work under such a	43838
contract shall be contingent upon the director's receipt of	43839
payment from the applicant of an amount that is equal to one	43840
hundred ten per cent of the amount specified in the contract,	43841
excluding contingencies for any additional work that may be needed	43842
to properly complete the review and that was not anticipated when	43843
the contract was made. Moneys received by the director from an	43844
applicant shall be deposited into the permit review fund, which is	43845
hereby created in the state treasury. The director shall use	43846
moneys in the fund to pay the cost of compliance reviews conducted	43847
pursuant to contracts entered into under division (D) of this	43848
section and to administer the certification program established	43849
under division (B) of this section. The director may use any	43850
moneys in the fund not needed for those purposes to administer the	43851
environmental laws or programs of this state.	43852

If, while conducting a compliance review, the engineer finds	43853
that work in addition to that upon which the cost under the	43854
contract was based, or any additional work previously authorized	43855
under this division, is needed to properly review the application	43856
and accompanying information for compliance with the applicable	43857
performance standards, the engineer shall notify the director of	43858
that fact and of the cost of the additional work, as determined	43859
pursuant to the terms of the contract. If the director finds that	43860
the additional work is needed and that the costs of performing the	43861
work have been determined in accordance with the terms of the	43862
contract, the director shall authorize the contractor to perform	43863
the work. Upon completion of the additional work, the contractor	43864
shall submit to the director an invoice for the cost of performing	43865
the additional work, and the director shall forward a copy of the	43866
invoice to the applicant. The applicant is liable to the state for	43867
an amount equal to one hundred ten per cent of the cost of	43868
performing the additional work and, within thirty days after	43869
receiving a copy of the invoice, shall pay to the director an	43870
amount equal to one hundred ten per cent of the amount indicated	43871
on the invoice. Upon receiving this payment, the director shall	43872
forward the moneys to the treasurer of state, who shall deposit	43873
them into the state treasury to the credit of the permit review	43874
fund.	43875

Until the applicant pays to the director the amount due in	43876
connection with the additional work, the director shall not issue	43877
to the applicant any permit, renewal of a permit, or plan	43878
approval, or modification thereof, for which an application is	43879
pending before the director. The director also may certify the	43880
unpaid amount to the attorney general and request that the	43881
attorney general bring a civil action against the applicant to	43882
recover that amount. Any moneys so recovered shall be deposited	43883
into the state treasury to the credit of the permit review fund.	43884

(F) Upon completing a compliance review conducted under this	43885
section, the engineer shall make a certification to the director	43886
as to whether the existing or proposed facility, source, activity,	43887
or modification will comply with the applicable performance	43888
standards. If the certification indicates that the existing or	43889
proposed facility, source, activity, or modification will not	43890
comply, the engineer shall include in the certification the	43891
engineer's findings as to the causes of the noncompliance.	43892

(G) When a compliance review is conducted by an engineer	43893
certified under this section, the other activities in connection	43894
with the consideration, approval, and issuance of the permit,	43895
renewal of the permit, or plan approval, or modification thereof,	43896
shall be conducted by the director ~~or, when applicable, the~~	43897
~~hazardous waste facility board established in section 3734.05 of~~	43898
~~the Revised Code,~~ in accordance with the applicable provisions of	43899
Chapter 3704., 3734., 6109., or 6111. of the Revised Code and	43900
rules adopted under the applicable chapter.	43901

(H) All expenses incurred by the attorney general in bringing	43902
a civil action under this section shall be reimbursed from the	43903
permit review fund in accordance with Chapter 109. of the Revised	43904
Code.	43905

Sec. 3745.40. (A) There is hereby created the clean Ohio	43906
operating fund consisting of moneys credited to the fund in	43907
accordance with this section. The fund shall be used to pay the	43908
costs incurred by the director of environmental protection	43909
pursuant to sections 122.65 to 122.658 of the Revised Code.	43910
Investment earnings of the fund shall be credited to the fund~~. For~~	43911
~~two years after the effective date of this section, investment~~	43912
~~earnings credited to the fund~~and may be used to pay	43913
administrative costs incurred by the director pursuant to those	43914
sections.	43915

(B) Notwithstanding section 3746.16 of the Revised Code, upon	43916
the request of the director of environmental protection, the	43917
director of development shall certify to the director of budget	43918
and management the amount of excess investment earnings that are	43919
available to be transferred from the clean Ohio revitalization	43920
fund created in section 122.658 of the Revised Code to the clean	43921
Ohio operating fund. Upon certification, the director of budget	43922
and management may transfer from the clean Ohio revitalization	43923
fund to the clean Ohio operating fund an amount not exceeding the	43924
amount of the annual appropriation to the clean Ohio operating	43925
fund.	43926

Sec. 3746.13. (A) For property that does not involve the	43927
issuance of a consolidated standards permit under section 3746.15	43928
of the Revised Code and where no engineering or institutional	43929
controls are used to comply with applicable standards, the	43930
director of environmental protection shall issue a covenant not to	43931
sue pursuant to section 3746.12 of the Revised Code by issuance of	43932
an order as a final action under Chapter 3745. of the Revised Code	43933
within thirty days after the director receives the no further	43934
action letter for the property and accompanying verification from	43935
the certified professional who prepared the letter under section	43936
3746.11 of the Revised Code.	43937

(B) For property that involves the issuance of a consolidated	43938
standards permit under section 3746.15 of the Revised Code or	43939
where engineering or institutional controls are used to comply	43940
with applicable standards, the director shall issue a covenant not	43941
to sue by issuance of an order as a final action under Chapter	43942
3745. of the Revised Code within ninety days after the director	43943
receives the no further action letter for the property and	43944
accompanying verification from the certified professional who	43945
prepared the letter.	43946

(C) Except as provided in division (D) of this section, each	43947
person who is issued a covenant not to sue under this section	43948
shall pay the fee established pursuant to rules adopted under	43949
division (B)(8) of section 3746.04 of the Revised Code. Until	43950
those rules become effective, each person who is issued a covenant	43951
not to sue shall pay a fee of two thousand dollars. The fee shall	43952
be paid to the director at the time that the no further action	43953
letter and accompanying verification are submitted to the	43954
director.	43955

(D) An applicant, as defined in section 122.65 of the Revised	43956
Code, who has entered into an agreement under section 122.653 of	43957
the Revised Code and who is issued a covenant not to sue under	43958
this section shall not be required to pay the fee for the issuance	43959
of a covenant not to sue established in rules adopted under	43960
division (B)(8) of section 3746.04 of the Revised Code.	43961

Sec. 3748.07. (A) Every facility that proposes to handle	43962
radioactive material or radiation-generating equipment for which	43963
licensure or registration, respectively, by its handler is	43964
required shall apply in writing to the director of health on forms	43965
prescribed and provided by the director for licensure or	43966
registration. Terms and conditions of licenses and certificates of	43967
registration may be amended in accordance with rules adopted under	43968
section 3748.04 of the Revised Code or orders issued by the	43969
director pursuant to section 3748.05 of the Revised Code.	43970

(B) Until rules are adopted under section 3748.04 of the	43971
Revised Code, an application for a certificate of registration	43972
shall be accompanied by a biennial registration fee of ~~one~~two	43973
hundred ~~sixty~~ dollars. On and after the effective date of those	43974
rules, an applicant for a license, registration certificate, or	43975
renewal of either shall pay the appropriate fee established in	43976
those rules.	43977

All fees collected under this section shall be deposited in	43978
the state treasury to the credit of the general operations fund	43979
created in section 3701.83 of the Revised Code. The fees shall be	43980
used solely to administer and enforce this chapter and rules	43981
adopted under it.	43982

Any fee required under this section that has not been paid	43983
within ninety days after the invoice date shall be assessed at two	43984
times the original invoiced fee. Any fee that has not been paid	43985
within one hundred eighty days after the invoice date shall be	43986
assessed at five times the original invoiced fee.	43987

(C) The director shall grant a license or registration to any	43988
applicant who has paid the required fee and is in compliance with	43989
this chapter and rules adopted under it.	43990

Until rules are adopted under section 3748.04 of the Revised	43991
Code, certificates of registration shall be effective for two	43992
years from the date of issuance. On and after the effective date	43993
of those rules, licenses and certificates of registration shall be	43994
effective for the applicable period established in those rules.	43995
Licenses and certificates of registration shall be renewed in	43996
accordance with the standard renewal procedure established in	43997
Chapter 4745. of the Revised Code.	43998

Sec. 3748.13. (A) The director of health shall inspect	43999
sources of radiation for which licensure or registration by the	44000
handler is required, and the sources' shielding and surroundings,	44001
according to the schedule established in rules adopted under	44002
division (D) of section 3748.04 of the Revised Code. In accordance	44003
with rules adopted under that section, the director shall inspect	44004
all records and operating procedures of handlers that install	44005
sources of radiation and all sources of radiation for which	44006
licensure of radioactive material or registration of	44007
radiation-generating equipment by the handler is required. The	44008
director may make other inspections upon receiving complaints or	44009
other evidence of violation of this chapter or rules adopted under	44010
it.	44011

The director shall require any hospital registered under	44012
division (A) of section 3701.07 of the Revised Code to develop and	44013
maintain a quality assurance program for all sources of	44014
radiation-generating equipment. A certified radiation expert shall	44015
conduct oversight and maintenance of the program and shall file a	44016
report of audits of the program with the director on forms	44017
prescribed by the director. The audit reports shall become part of	44018
the inspection record.	44019

(B) Until rules are adopted under division (A)(8) of section	44020
3748.04 of the Revised Code, a facility shall pay inspection fees	44021
according to the following schedule and categories:	44022

First dental x-ray tube	$ ~~94.00~~ 118.00	44023
Each additional dental x-ray tube at the same location	$ ~~47.00~~ 59.00	44024
First medical x-ray tube	$~~187.00~~ 235.00	44025
Each additional medical x-ray tube at the same location	$ ~~94.00~~ 125.00	44026
Each unit of ionizing radiation-generating equipment capable of operating at or above 250 kilovoltage peak	$~~373.00~~ 466.00	44027
First nonionizing radiation-generating equipment of any kind	$~~187.00~~ 235.00	44028
Each additional nonionizing radiation-generating equipment of any kind at the same location	$ ~~94.00~~ 125.00	44029
Assembler-maintainer inspection consisting of an inspection of records and operating procedures of handlers that install sources of radiation	$~~233.00~~ 291.00	44030

Until rules are adopted under division (A)(8) of section	44031
3748.04 of the Revised Code, the fee for an inspection to	44032
determine whether violations cited in a previous inspection have	44033
been corrected is fifty per cent of the fee applicable under the	44034
schedule in this division. Until those rules are adopted, the fee	44035
for the inspection of a facility that is not licensed or	44036
registered and for which no license or registration application is	44037
pending at the time of inspection is ~~two~~three hundred ~~ninety~~	44038
sixty-three dollars plus the fee applicable under the schedule in	44039
this division.	44040

The director may conduct a review of shielding plans or the	44041
adequacy of shielding on the request of a licensee or registrant	44042
or an applicant for licensure or registration or during an	44043
inspection when the director considers a review to be necessary.	44044
Until rules are adopted under division (A)(8) of section 3748.04	44045
of the Revised Code, the fee for the review is ~~four~~five hundred	44046
~~sixty-six~~eighty-three dollars for each room where a source of	44047
radiation is used and is in addition to any other fee applicable	44048
under the schedule in this division.	44049

All fees shall be paid to the department of health no later	44050
than thirty days after the invoice for the fee is mailed. Fees	44051
shall be deposited in the general operations fund created in	44052
section 3701.83 of the Revised Code. The fees shall be used solely	44053
to administer and enforce this chapter and rules adopted under it.	44054

Any fee required under this section that has not been paid	44055
within ninety days after the invoice date shall be assessed at two	44056
times the original invoiced fee. Any fee that has not been paid	44057
within one hundred eighty days after the invoice date shall be	44058
assessed at five times the original invoiced fee.	44059

(C) If the director determines that a board of health of a	44060
city or general health district is qualified to conduct	44061
inspections of radiation-generating equipment, the director may	44062
delegate to the board, by contract, the authority to conduct such	44063
inspections. In making a determination of the qualifications of a	44064
board of health to conduct those inspections, the director shall	44065
evaluate the credentials of the individuals who are to conduct the	44066
inspections of radiation-generating equipment and the radiation	44067
detection and measuring equipment available to them for that	44068
purpose. If a contract is entered into, the board shall have the	44069
same authority to make inspections of radiation-generating	44070
equipment as the director has under this chapter and rules adopted	44071
under it. The contract shall stipulate that only individuals	44072
approved by the director as qualified shall be permitted to	44073
inspect radiation-generating equipment under the contract's	44074
provisions. The contract shall provide for such compensation for	44075
services as is agreed to by the director and the board of health	44076
of the contracting health district. The director may reevaluate	44077
the credentials of the inspection personnel and their radiation	44078
detecting and measuring equipment as often as the director	44079
considers necessary and may terminate any contract with the board	44080
of health of any health district that, in the director's opinion,	44081
is not satisfactorily performing the terms of the contract.	44082

(D) The director may enter at all reasonable times upon any	44083
public or private property to determine compliance with this	44084
chapter and rules adopted under it.	44085

Sec. 3769.087. (A) In addition to the commission of eighteen	44086
per cent retained by each permit holder as provided in section	44087
3769.08 of the Revised Code, each permit holder shall retain an	44088
additional amount equal to four per cent of the total of all	44089
moneys wagered on each racing day on all wagering pools other than	44090
win, place, and show, of which amount retained an amount equal to	44091
three per cent of the total of all moneys wagered on each racing	44092
day on those pools shall be paid by check, draft, or money order	44093
to the tax commissioner, as a tax. Subject to the restrictions	44094
contained in divisions (B), (C), and (M) of section 3769.08 of the	44095
Revised Code, from such additional moneys paid to the tax	44096
commissioner:	44097

(1) Four-sixths shall be allocated to fund distribution as	44098
provided in division (M) of section 3769.08 of the Revised Code.	44099

(2) One-twelfth shall be paid into the Ohio fairs fund	44100
created by section 3769.082 of the Revised Code.	44101

(3) One-twelfth of the additional moneys paid to the tax	44102
commissioner by thoroughbred racing permit holders shall be paid	44103
into the Ohio thoroughbred race fund created by section 3769.083	44104
of the Revised Code.	44105

(4) One-twelfth of the additional moneys paid to the tax	44106
commissioner by harness horse racing permit holders shall be paid	44107
to the Ohio standardbred development fund created by section	44108
3769.085 of the Revised Code.	44109

(5) One-twelfth of the additional moneys paid to the tax	44110
commissioner by quarter horse racing permit holders shall be paid	44111
to the Ohio quarter horse development fund created by section	44112
3769.086 of the Revised Code.	44113

(6) One-sixth shall be paid into the state racing commission	44114
operating fund created by section 3769.03 of the Revised Code.	44115

The remaining one per cent that is retained of the total of	44116
all moneys wagered on each racing day on all pools other than win,	44117
place, and show, shall be retained by racing permit holders, and,	44118
except as otherwise provided in section 3769.089 of the Revised	44119
Code, racing permit holders shall use one-half for purse money and	44120
retain one-half.	44121

(B) In addition to the commission of eighteen per cent	44122
retained by each permit holder as provided in section 3769.08 of	44123
the Revised Code and the additional amount retained by each permit	44124
holder as provided in division (A) of this section, each permit	44125
holder shall retain an additional amount equal to one-half of one	44126
per cent of the total of all moneys wagered on each racing day on	44127
all wagering pools other than win, place, and show. ~~From~~Except as	44128
provided in division (C) of this section, from the additional	44129
amount retained under this division, each permit holder shall	44130
retain an amount equal to one-quarter of one per cent of the total	44131
of all moneys wagered on each racing day on all pools other than	44132
win, place, and show and shall pay that amount by check, draft, or	44133
money order to the tax commissioner, as a tax. The tax	44134
commissioner shall pay the amount of the tax received under this	44135
division to the state racing commission operating fund created by	44136
section 3769.03 of the Revised Code.	44137

~~The~~Except as provided in division (C) of this section, the	44138
remaining one-quarter of one per cent that is retained from the	44139
total of all moneys wagered on each racing day on all pools other	44140
than win, place, and show shall be retained by the permit holder,	44141
and the permit holder shall use one-half for purse money and	44142
retain one-half.	44143

(C) During the period commencing on July 1, 2003, and ending	44144
on and including June 30, 2004, the additional amount retained by	44145
each permit holder under division (B) of this section shall be	44146
paid by check, draft, or money order to the tax commissioner, as a	44147
tax. The tax commissioner shall pay the amount of the tax received	44148
under this division to the state racing commission operating fund	44149
created by section 3769.03 of the Revised Code.	44150

Sec. 3770.07. (A)~~(1)~~ Lottery prize awards shall be claimed	44151
by the holder of the winning lottery ticket, or by the executor or	44152
administrator, or the trustee of a trust, of the estate of a	44153
deceased holder of a winning ticket, in a manner to be determined	44154
by the state lottery commission, within one hundred eighty days	44155
after the date on which such prize award was announced if the	44156
lottery game is an on-line game, and within one hundred eighty	44157
days after the close of the game if the lottery game is an instant	44158
game. ~~Except as otherwise provided in division (B) of this~~	44159
~~section, if~~If no valid claim to the prize award is made within	44160
the prescribed period, the prize money or the cost of goods and	44161
services awarded as prizes, or if such goods or services are	44162
resold by the commission, the proceeds from such sale, shall be	44163
returned to the state lottery fund and distributed in accordance	44164
with section 3770.06 of the Revised Code.	44165

~~(2)~~(B) If a prize winner, as defined in section 3770.10 of	44166
the Revised Code, is under eighteen years of age, or is under some	44167
other legal disability, and the prize money or the cost of goods	44168
or services awarded as a prize exceeds one thousand dollars, the	44169
director shall order that payment be made to the order of the	44170
legal guardian of that prize winner. If the amount of the prize	44171
money or the cost of goods or services awarded as a prize is one	44172
thousand dollars or less, the director may order that payment be	44173
made to the order of the adult member, if any, of that prize	44174
winner's family legally responsible for the care of that prize	44175
winner.	44176

~~(3)~~(C) No right of any prize winner, as defined in section	44177
3770.10 of the Revised Code, to a prize award shall be the subject	44178
of a security interest or used as collateral.	44179

~~(4)(a)~~(D)(1) No right of any prize winner, as defined in	44180
section 3770.10 of the Revised Code, to a prize award shall be	44181
assignable, or subject to garnishment, attachment, execution,	44182
withholding, or deduction, except as follows: as provided in	44183
sections 3119.80, 3119.81, 3121.02, 3121.03, and 3123.06 of the	44184
Revised Code; when the payment is to be made to the executor or	44185
administrator or the trustee of a trust of the estate of a winning	44186
ticket holder; when the award of a prize is disputed, any person	44187
may be awarded a prize award to which another has claimed title,	44188
pursuant to the order of a court of competent jurisdiction; when	44189
the director is to make a payment pursuant to ~~section~~sections	44190
3770.071 or 3770.073 of the Revised Code; or as provided in	44191
sections 3770.10 to 3770.14 of the Revised Code.	44192

~~(b)~~(2) The commission shall adopt rules pursuant to section	44193
3770.03 of the Revised Code concerning the payment of prize awards	44194
upon the death of a prize winner. Upon the death of a prize	44195
winner, as defined in section 3770.10 of the Revised Code, the	44196
remainder of the prize winner's prize award, to the extent it is	44197
not subject to a transfer agreement under sections 3770.10 to	44198
3770.14 of the Revised Code, may be paid to the executor,	44199
administrator, or trustee in the form of a discounted lump sum	44200
cash settlement.	44201

~~(5)~~(E) No lottery prize award shall be awarded to or for any	44202
officer or employee of the state lottery commission, any officer	44203
or employee of the auditor of state actively coordinating and	44204
certifying commission drawings, or any blood relative or spouse of	44205
such officer or employee of the commission or auditor of state	44206
living as a member of such officer's or employee's household, nor	44207
shall any such employee, blood relative, or spouse attempt to	44208
claim a lottery prize award.	44209

~~(6)~~(F) The director may prohibit vendors to the commission	44210
and their employees from being awarded a lottery prize award.	44211

~~(7)~~(G) Upon the payment of prize awards pursuant to this	44212
section, the director and the commission are discharged from all	44213
further liability therefor.	44214

~~(B) The commission may adopt rules governing the disbursement~~	44215
~~of unclaimed prize awards as all or part of the prize award in a~~	44216
~~lottery and may, pursuant to those rules, conduct the lottery and~~	44217
~~disburse any such unclaimed prize awards. Any lottery in which all~~	44218
~~or any part of the prize award is paid from unclaimed prize awards~~	44219
~~shall be conducted in accordance with all of the other~~	44220
~~requirements of this chapter, including, but not limited to, the~~	44221
~~time and proof requirements for claiming awards and the~~	44222
~~disposition of unclaimed prize awards when the prescribed period~~	44223
~~for claiming the award has passed. A prize award or any part of a~~	44224
~~prize award that is paid from an unclaimed prize award shall not~~	44225
~~be reapplied toward the satisfaction of the requirement of~~	44226
~~division (A) of section 3770.06 of the Revised Code that at least~~	44227
~~fifty per cent of the total revenues from ticket sales be~~	44228
~~disbursed for monetary prize awards, if such unclaimed prize award~~	44229
~~was previously applied toward the satisfaction of that~~	44230
~~requirement. On or before the last day of January and July each~~	44231
~~year, the commission shall report to the general assembly the~~	44232
~~gross sales and net profits the commission obtained from the~~	44233
~~unclaimed prize awards in lotteries conducted pursuant to this~~	44234
~~division during the preceding two calendar quarters, including the~~	44235
~~amount of money produced by the games funded by the unclaimed~~	44236
~~prize awards and the total revenue accruing to the state from the~~	44237
~~prize award lotteries conducted pursuant to this division.~~	44238

~~There is hereby established in the state treasury the~~	44239
~~unclaimed lottery prizes fund, to which all unclaimed prize awards~~	44240
~~shall be transferred. Any interest that accrues on the amounts in~~	44241
~~the fund shall become a part of the fund and shall be subject to~~	44242
~~any rules adopted by the commission governing the disbursement of~~	44243
~~unclaimed prize awards.~~	44244

Sec. 3770.073. (A) If a person is entitled to a lottery	44245
prize award and is indebted to the state for the payment of any	44246
tax, workers' compensation premium, unemployment contribution,	44247
payment in lieu of unemployment contribution, or charge, penalty,	44248
or interest arising from these debts and the amount of the prize	44249
money or the cost of goods or services awarded as a lottery prize	44250
award is five thousand dollars or more, the director of the state	44251
lottery commission, or the director's designee, shall do either of	44252
the following:	44253

(1) If the prize award will be paid in a lump sum, deduct	44254
from the prize award and pay to the attorney general an amount in	44255
satisfaction of the debt and pay any remainder to that person. If	44256
the amount of the prize award is less than the amount of the debt,	44257
the entire amount of the prize award shall be deducted and paid in	44258
partial satisfaction of the debt.	44259

(2) If the prize award will be paid in annual installments,	44260
on the date the initial installment payment is due, deduct from	44261
that installment and pay to the attorney general an amount in	44262
satisfaction of the debt and, if necessary to collect the full	44263
amount of the debt, do the same for any subsequent annual	44264
installments, at the time the installments become due and owing to	44265
the person, until the debt is fully satisfied.	44266

(B) If a person entitled to a lottery prize award owes more	44267
than one debt, any debt subject to section 5739.33 or division (G)	44268
of section 5747.07 of the Revised Code shall be satisfied first.	44269

(C) This section applies only to debts that have become	44270
final.	44271

Sec. 3770.10. As used in sections 3770.07 and 3770.10 to	44272
3770.14 of the Revised Code:	44273

(A) "Court of competent jurisdiction" means either the	44274
general division or the probate division of the court of common	44275
pleas of the county in which the prize winner resides, or, if the	44276
prize winner is not a resident of this state, either the general	44277
division or the probate division of the court of common pleas of	44278
Franklin county or a federal court having jurisdiction over the	44279
lottery prize award.	44280

(B) "Discounted present value" means the present value of the	44281
future payments of a lottery prize award that is determined by	44282
discounting those payments to the present, using the most recently	44283
published applicable federal rate for determining the present	44284
value of an annuity as issued by the United States internal	44285
revenue service and assuming daily compounding.	44286

(C) "Independent professional advice" means the advice of an	44287
attorney, a certified public accountant, an actuary, or any other	44288
licensed professional adviser if all of the following apply:	44289

(1) The prize winner has engaged the services of the licensed	44290
professional adviser to render advice concerning the legal and	44291
other implications of a transfer of the lottery prize award.	44292

(2) The licensed professional adviser is not affiliated in	44293
any manner with or compensated in any manner by the transferee of	44294
the lottery prize award.	44295

(3) The compensation of the licensed professional adviser is	44296
not affected by whether or not a transfer of a lottery prize award	44297
occurs.	44298

(D) "Prize winner" means any person that holds the right to	44299
receive all or any part of a lottery prize award as a result of	44300
being any of the following:	44301

(1) A person who is a claimant under division (A)~~(1)~~ of	44302
section 3770.07 of the Revised Code;	44303

(2) A person who is entitled to a prize award and who is	44304
under a legal disability as described in division ~~(A)(2)~~(B) of	44305
section 3770.07 of the Revised Code;	44306

(3) A person who was awarded a prize award to which another	44307
has claimed title by a court order under division ~~(A)(4)(a)~~(D)(1)	44308
of section 3770.07 of the Revised Code;	44309

(4) A person who is receiving payments upon the death of a	44310
prize winner as provided in division ~~(A)(4)(b)~~(D)(2) of section	44311
3770.07 of the Revised Code.	44312

(E) "Transfer" means any form of sale, assignment, or	44313
redirection of payment of all or any part of a lottery prize award	44314
for consideration.	44315

(F) "Transfer agreement" means an agreement that is complete	44316
and valid, and that provides for the transfer of all or any part	44317
of a lottery prize award from a transferor to a transferee. A	44318
transfer agreement is incomplete and invalid unless the agreement	44319
contains both of the following:	44320

(1) A statement, signed by the transferor under penalties of	44321
perjury, that the transferor irrevocably agrees that the	44322
transferor is subject to the tax imposed by Chapter 5733. or 5747.	44323
of the Revised Code with respect to gain or income which the	44324
transferor will recognize in connection with the transfer. If the	44325
transferor is a pass-through entity, as defined in section 5733.04	44326
of the Revised Code, each investor in the pass-through entity	44327
shall also sign under penalties of perjury a statement that the	44328
investor irrevocably agrees that the investor is subject to the	44329
tax imposed by Chapter 5733. or 5747. of the Revised Code with	44330
respect to gain or income which the transferor and the investor	44331
will recognize in connection with the transfer.	44332

(2) A statement, signed by the transferee, that the	44333
transferee irrevocably agrees that the transferee is subject to	44334
the withholding requirements imposed by division (C) of section	44335
3770.072 of the Revised Code and is subject to the tax imposed by	44336
Chapter 5733. or 5747. of the Revised Code with respect to gain or	44337
income which the transferee will recognize in connection with	44338
lottery prize awards to be received as a result of the transfer.	44339
If the transferee is a pass-through entity, as defined in section	44340
5733.04 of the Revised Code, each investor in the pass-through	44341
entity shall also sign under penalties of perjury a statement	44342
setting forth that the investor irrevocably agrees that the	44343
investor is subject to the withholding requirements imposed by	44344
division (C) of section 3770.072 of the Revised Code and is	44345
subject to the tax imposed by Chapter 5733. or 5747. of the	44346
Revised Code with respect to gain or income which the transferee	44347
and the investor will recognize in connection with lottery prize	44348
awards to be received as a result of the transfer.	44349

(G) "Transferee" means a party acquiring or proposing to	44350
acquire all or any part of a lottery prize award through a	44351
transfer.	44352

(H) "Transferor" means either a prize winner or a transferee	44353
in an earlier transfer whose interest is acquired by or is sought	44354
to be acquired by a transferee or a new transferee through a	44355
transfer.	44356

Sec. 3770.12. A court of competent jurisdiction ~~may~~shall	44357
approve a transfer of a lottery prize award only in a final order	44358
that is based on ~~the~~ express findings of the court~~, and the~~. The	44359
court shall approve the transfer only if each of the following	44360
conditions that applies is met and is included in the court's	44361
express findings ~~shall include all of the following~~:	44362

(A) If the transferor is a prize winner, the transferee has	44363
provided to the prize winner a disclosure statement that complies	44364
with section 3770.11 of the Revised Code, and the prize winner has	44365
confirmed the prize winner's receipt of the disclosure statement,	44366
as evidenced by the prize winner's notarized signature on a copy	44367
of the disclosure statement.	44368

(B) ~~If the transferor is a prize winner, the prize winner has~~	44369
~~established that the transfer is fair and reasonable and in the~~	44370
~~best interests of the prize winner.~~	44371

~~(C)~~ If the transferor is a prize winner, the prize winner has	44372
received independent professional advice regarding the legal and	44373
other implications of the transfer.	44374

~~(D)~~(C) The transferee has given written notice of the	44375
transferee's name, address, and taxpayer identification number to	44376
the state lottery commission and has filed a copy of that notice	44377
with the court in which the application for approval of the	44378
transfer was filed.	44379

~~(E)~~(D) The transferee is a trust, limited partnership,	44380
general partnership, corporation, professional association,	44381
limited liability company, or other entity that is qualified to do	44382
business in this state and meets the registration requirements for	44383
that type of entity under Title XVII of the Revised Code.	44384

~~(F)~~(E) The transfer complies with all applicable requirements	44385
of the Revised Code and does not contravene any applicable law.	44386

~~(G)~~(F) The transfer does not include or cover the amounts of	44387
the lottery prize award that are required to be withheld or	44388
deducted pursuant to section 3119.80, 3119.81, 3121.02, 3121.03,	44389
3123.06, 3770.071, or 3770.072 of the Revised Code.	44390

~~(H)~~(G) Any amounts described in division ~~(G)~~(F) of this	44391
section that are required to be withheld or deducted, as of the	44392
date of the court order, will be offset by the commission first	44393
against remaining payments due the transferor and then against	44394
payments due the transferee.	44395

~~(I)~~(H) Except as provided in divisions (F) and (G) ~~and (H)~~ of	44396
this section, that the transferor's interest in each and all of	44397
the future payments from a particular lottery prize award is to be	44398
paid to a single transferee, or, if the payments from the lottery	44399
prize award are to be directed from the state lottery commission	44400
to multiple transferees, the commission has promulgated rules	44401
under section 3770.03 of the Revised Code permitting transfers to	44402
multiple transferees, and the transfer is consistent with those	44403
rules.	44404

~~(J)~~(I) If the lottery prize award has been transferred within	44405
twelve months immediately preceding the effective date of the	44406
proposed transfer, the state lottery commission has not objected	44407
to the proposed transfer. The court shall presume that the	44408
requirements of this division are met unless the commission	44409
notifies the court in writing before the hearing on the	44410
application for transfer, or through counsel at that hearing, that	44411
a transfer of the same lottery prize award has been made within	44412
that twelve-month period and that the commission objects to a	44413
subsequent transfer within that twelve-month period. The court	44414
shall find that the requirements of this division are not met if	44415
the commission provides notice of a prior transfer of the same	44416
lottery prize award within that twelve-month period and its	44417
objection to the proposed transfer, unless the transferor or	44418
transferee shows by clear and convincing evidence that no previous	44419
transfer of the same lottery prize award occurred within that	44420
twelve-month period.	44421

If the court determines that all of the conditions in	44422
divisions (A) to (I) of this section that apply are met, the	44423
transfer of the lottery prize award shall be presumed to be fair	44424
and reasonable and in the best interests of the prize winner.	44425

Sec. 3770.99. (A) Whoever is prohibited from claiming a	44426
lottery prize award under division ~~(A)(5)~~(E) of section 3770.07 of	44427
the Revised Code and attempts to claim or is paid a lottery prize	44428
award is guilty of a minor misdemeanor, and shall provide	44429
restitution to the state lottery commission of any moneys	44430
erroneously paid as a lottery prize award to that person.	44431

(B) Whoever violates division (C) of section 3770.071 or	44432
section 3770.08 of the Revised Code is guilty of a misdemeanor of	44433
the third degree.	44434

Sec. 3773.33. (A) There is hereby created the Ohio athletic	44435
commission. The commission shall consist of five voting members	44436
appointed by the governor with the advice and consent of the	44437
senate, not more than three of whom shall be of the same political	44438
party, and two nonvoting members, one of whom shall be a member of	44439
the senate appointed by and to serve at the pleasure of the	44440
president of the senate and one of whom shall be a member of the	44441
house of representatives appointed by and to serve at the pleasure	44442
of the speaker of the house of representatives. To be eligible for	44443
appointment as a voting member, a person shall be a qualified	44444
elector and a resident of the state for not less than five years	44445
immediately preceding the person's appointment. Two voting members	44446
shall be knowledgeable in boxing, at least one voting member shall	44447
be knowledgeable and experienced in high school athletics, one	44448
voting member shall be knowledgeable and experienced in	44449
professional athletics, and at least one voting member shall be	44450
knowledgeable and experienced in collegiate athletics. One	44451
commission member shall hold the degree of doctor of medicine or	44452
doctor of osteopathy.	44453

(B) No person shall be appointed to the commission or be an	44454
employee of the commission who is licensed, registered, or	44455
regulated by the commission. No member shall have any legal or	44456
beneficial interest, direct or indirect, pecuniary or otherwise,	44457
in any person who is licensed, registered, or regulated by the	44458
commission or who participates in prize fights or public boxing or	44459
wrestling matches or exhibitions. No member shall participate in	44460
any fight, match, or exhibition other than in the member's	44461
official capacity as a member of the commission, or as an	44462
inspector as authorized in section 3773.52 of the Revised Code.	44463

(C) The governor shall appoint the voting members to the	44464
commission. Of the initial appointments, two shall be for terms	44465
ending one year after September 3, 1996, two shall be for terms	44466
ending two years after September 3, 1996, and one shall be for a	44467
term ending three years after September 3, 1996. Thereafter, terms	44468
of office shall be for three years, each term ending the same day	44469
of the same month of the year as did the term which it succeeds.	44470
Each member shall hold office from the date of the member's	44471
appointment until the end of the term for which the member was	44472
appointed. Any member appointed to fill a vacancy occurring prior	44473
to the expiration of the term for which the member's predecessor	44474
was appointed shall hold office for the remainder of the term. Any	44475
member shall continue in office subsequent to the expiration date	44476
of the member's term until the member's successor takes office, or	44477
until a period of sixty days has elapsed, whichever occurs first.	44478

The governor shall name one voting member as chairperson of	44479
the commission at the time of making the appointment of any member	44480
for a full term. Three voting members shall constitute a quorum,	44481
and the affirmative vote of three voting members shall be	44482
necessary for any action taken by the commission. No vacancy on	44483
the commission impairs the authority of the remaining members to	44484
exercise all powers of the commission.	44485

Voting members, when engaged in commission duties, shall	44486
receive a per diem compensation determined in accordance with	44487
division (J) of section 124.15 of the Revised Code, and all	44488
members shall receive their actual and necessary expenses incurred	44489
in the performance of their official duties.	44490

Each voting member, before entering upon the discharge of the	44491
member's duties, shall file a surety bond payable to the treasurer	44492
of state in the sum of ten thousand dollars. Each surety bond	44493
shall be conditioned upon the faithful performance of the duties	44494
of the office, executed by a surety company authorized to transact	44495
business in this state, and filed in the office of the secretary	44496
of state.	44497

The governor may remove any voting member for malfeasance,	44498
misfeasance, or nonfeasance in office after giving the member a	44499
copy of the charges against the member and affording the member an	44500
opportunity for a public hearing, at which the member may be	44501
represented by counsel, upon not less than ten days' notice. If	44502
the member is removed, the governor shall file a complete	44503
statement of all charges made against the member and the	44504
governor's finding ~~thereon~~on the charges in the office of the	44505
secretary of state, together with a complete report of the	44506
proceedings. The governor's decision shall be final.	44507

~~(D) The commission shall maintain an office in Youngstown and~~	44508
~~keep all of its permanent records there.~~	44509

Sec. 3773.43. The Ohio athletic commission shall charge the	44510
following fees:	44511

(A) For an application for or renewal of a promoter's license	44512
for public boxing matches or exhibitions, ~~fifty~~one hundred	44513
dollars.	44514

(B) For an application for or renewal of a license to	44515
participate in a public boxing match or exhibition as a	44516
contestant, or as a referee, judge, matchmaker, manager,	44517
timekeeper, trainer, or second of a contestant, ~~ten~~twenty	44518
dollars.	44519

(C) For a permit to conduct a public boxing match or	44520
exhibition, ~~ten~~fifty dollars.	44521

(D) For an application for or renewal of a promoter's license	44522
for professional wrestling matches or exhibitions, ~~one~~two hundred	44523
dollars.	44524

(E) For a permit to conduct a professional wrestling match or	44525
exhibition, ~~fifty~~one hundred dollars.	44526

The commission, subject to the approval of the controlling	44527
board, may establish fees in excess of the amounts provided in	44528
this section, provided that such fees do not exceed the amounts	44529
permitted by this section by more than ~~twenty-five~~fifty per cent.	44530

The fees prescribed by this section shall be paid to the	44531
treasurer of state, who shall deposit the fees in the occupational	44532
licensing and regulatory fund.	44533

Sec. 3901.491. (A) As used in this section:

44534

(1) "Genetic screening or testing" means a laboratory test of	44535
a person's genes or chromosomes for abnormalities, defects, or	44536
deficiencies, including carrier status, that are linked to	44537
physical or mental disorders or impairments, or that indicate a	44538
susceptibility to illness, disease, or other disorders, whether	44539
physical or mental, which test is a direct test for abnormalities,	44540
defects, or deficiencies, and not an indirect manifestation of	44541
genetic disorders.	44542

(2) "Insurer" means any person authorized under Title XXXIX	44543
of the Revised Code to engage in the business of sickness and	44544
accident insurance.	44545

(3) "Sickness and accident insurance" means sickness and	44546
accident insurance under Chapter 3923. of the Revised Code	44547
excluding disability income insurance and excluding supplemental	44548
policies of sickness and accident insurance.	44549

(B) Upon the repeal of section 3901.49 of the Revised Code by	44550
~~Sub. H.B. No. 71 of the 120th general assembly~~, no insurer shall	44551
do either of the following:	44552

(1) Consider any information obtained from genetic screening	44553
or testing in processing an application for an individual or group	44554
policy of sickness and accident insurance, or in determining	44555
insurability under such a policy;	44556

(2) Inquire, directly or indirectly, into the results of	44557
genetic screening or testing or use such information, in whole or	44558
in part, to cancel, refuse to issue or renew, or limit benefits	44559
under, a sickness and accident insurance policy.	44560

(C) Any insurer that has engaged in, is engaged in, or is	44561
about to engage in a violation of division (B) of this section is	44562
subject to the jurisdiction of the superintendent of insurance	44563
under section 3901.04 of the Revised Code.	44564

Sec. 3901.501. (A) As used in this section:

44565

(1) "Genetic screening or testing" means a laboratory test of	44566
a person's genes or chromosomes for abnormalities, defects, or	44567
deficiencies, including carrier status, that are linked to	44568
physical or mental disorders or impairments, or that indicate a	44569
susceptibility to illness, disease, or other disorders, whether	44570
physical or mental, which test is a direct test for abnormalities,	44571
defects, or deficiencies, and not an indirect manifestation of	44572
genetic disorders.	44573

(2) "Self-insurer" means any government entity providing	44574
coverage for health care services on a self-insurance basis.	44575

(B) Upon the repeal of section 3901.50 of the Revised Code by	44576
~~Sub. H.B. No. 71 of the 120th general assembly~~, no self-insurer	44577
shall do either of the following:	44578

(1) Consider any information obtained from genetic screening	44579
or testing in processing an application for coverage under a plan	44580
of self-insurance or in determining insurability under such a	44581
plan;	44582

(2) Inquire, directly or indirectly, into the results of	44583
genetic screening or testing or use such information, in whole or	44584
in part, to cancel, refuse to provide or renew, or limit benefits	44585
under, a plan of self-insurance.	44586

(C) Any self-insurer that has engaged in, is engaged in, or	44587
is about to engage in a violation of division (B) of this section	44588
is subject to the jurisdiction of the superintendent of insurance	44589
under section 3901.04 of the Revised Code.	44590

Sec. 3901.72. Any person may advance to a domestic insurance	44591
company or a health insuring corporation any sum of money	44592
necessary for the purpose of the insurance company's or health	44593
insuring corporation's business, or to enable the insurance	44594
company or health insuring corporation to comply with any law, or	44595
as a cash guarantee fund. Such money, and interest agreed upon,	44596
~~not exceeding ten per cent per annum or the total of four hundred~~	44597
~~basis points plus the rate on United States treasury notes or~~	44598
~~bonds closest in maturity to the final repayment date of the money~~	44599
~~so advanced, whichever is greater,~~ shall not be a liability or	44600
claim against the insurance company or health insuring	44601
corporation, or any of its assets, except as provided in this	44602
section, and shall be repaid only out of the surplus earnings of	44603
such insurance company or health insuring corporation. Except as	44604
ordered by the superintendent of insurance, no part of the	44605
principal or interest thereof shall be repaid until the surplus of	44606
the insurance company or health insuring corporation remaining	44607
after such repayment is equal in amount to the principal of the	44608
money so advanced. Such advancement and repayment shall be subject	44609
to the approval of the superintendent, provided that this section	44610
shall not affect the power to borrow money which any such	44611
insurance company or health insuring corporation possesses under	44612
other laws. No commission or promotion expenses shall be paid by	44613
the insurance company or health insuring corporation, in	44614
connection with the advance of any such money to the insurance	44615
company or health insuring corporation, and the amount of any such	44616
unpaid advance shall be reported in each annual statement.	44617

Sec. 4104.01. As used in sections 4104.01 to 4104.20 and	44618
section 4104.99 of the Revised Code:	44619

(A) "Board of building standards" or "board" means the board	44620
established by section 3781.07 of the Revised Code.	44621

(B) "Superintendent" means the superintendent of the division	44622
of industrial compliance created by section 121.04 of the Revised	44623
Code.	44624

(C) "Boiler" means a closed vessel in which water is heated,	44625
steam is generated, steam is superheated, or any combination	44626
thereof, under pressure or vacuum for use externally to itself by	44627
the direct application of heat from the combustion of fuels, or	44628
from electricity or nuclear energy. "Boiler" includes fired units	44629
for heating or vaporizing liquids other than water where these	44630
units are separate from processing systems and are complete within	44631
themselves.	44632

(D) "Power boiler" means a boiler in which steam or other	44633
vapor (to be used externally to itself) is generated at a pressure	44634
of more than fifteen psig.	44635

(E) "High pressure, high temperature water boiler" means a	44636
water heating boiler operating at pressures exceeding one hundred	44637
sixty psig or temperatures exceeding two hundred fifty degrees	44638
Fahrenheit.	44639

(F) "Low pressure boiler" means a steam boiler operating at	44640
pressures not exceeding fifteen psig, or a hot water heating	44641
boiler operating at pressures not exceeding one hundred sixty psig	44642
or temperatures not exceeding two hundred fifty degrees	44643
Fahrenheit.	44644

(G) "~~Unfired pressure~~Pressure vessel" means a container for	44645
the containment of pressure, either internal or external. This	44646
pressure may be obtained from an external source or by the	44647
application of heat from a direct or indirect source or any	44648
combination thereof.	44649

(H) "Process boiler" means a boiler to which all of the	44650
following apply:	44651

(1) The steam in the boiler is either generated or	44652
superheated, or both, under pressure or vacuum for use external to	44653
itself.	44654

(2) The source of heat for the boiler is in part or in whole	44655
from a process other than the boiler itself.	44656

(3) The boiler is part of a continuous processing unit, such	44657
as used in chemical manufacture or petroleum refining, other than	44658
a steam-generated process unit.	44659

(I) "Stationary steam engine" means an engine or turbine in	44660
which the mechanical force arising from the elasticity and	44661
expansion action of steam or from its property of rapid	44662
condensation or from a combination of the two is made available as	44663
a motive power.	44664

Sec. 4104.02. The board of building standards shall:

44665

(A) Formulate rules for the construction, installation,	44666
~~inspection,~~ repair, conservation of energy, and operation of	44667
boilers and the construction~~, inspection,~~ and repair of ~~unfired~~	44668
pressure vessels and for ascertaining the safe working pressures	44669
to be carried on such boilers and ~~unfired~~ pressure vessels and the	44670
qualification of inspectors of boilers and ~~unfired~~ pressure	44671
vessels;	44672

(B) Prescribe tests, if it is considered necessary, to	44673
ascertain the qualities of materials used in the construction of	44674
boilers and ~~unfired~~ pressure vessels;	44675

(C) Adopt rules regulating the construction and sizes of	44676
safety valves for boilers and ~~unfired~~ pressure vessels of	44677
different sizes and pressures, for the construction, use, and	44678
location of fusible plugs, appliances for indicating the pressure	44679
of steam and level of water in the boiler or ~~unfired~~ pressure	44680
vessels, and such other appliances as the board considers	44681
necessary to safety in operating boilers;	44682

(D) Establish reasonable fees for the performance of reviews,	44683
surveys, or audits of manufacturer's facilities by the division of	44684
industrial compliance for certification by the American society of	44685
mechanical engineers and the national board of boiler and pressure	44686
vessel inspectors;	44687

(E) The definitions and rules adopted by the board for the	44688
construction, installation, ~~inspection,~~ repair, conservation of	44689
energy, and operation of boilers and the construction~~, inspection,~~	44690
and repair of ~~unfired~~ pressure vessels and for ascertaining the	44691
safe working pressures to be used on such boilers and ~~unfired~~	44692
pressure vessels shall be based upon and follow generally accepted	44693
engineering standards, formulae, and practices established and	44694
pertaining to boilers and ~~unfired~~ pressure vessel construction,	44695
operation, and safety, and the board may, for this purpose, adopt	44696
existing published standards as well as amendments thereto	44697
subsequently published by the same authority.	44698

When a person desires to manufacture a special type of boiler	44699
or ~~unfired~~ pressure vessel, the design of which is not covered by	44700
the rules of the board, the person shall submit drawings and	44701
specifications of such boiler or ~~unfired~~ pressure vessel to the	44702
board for investigation, after which the board may permit its	44703
installation.	44704

The provisions of sections 119.03 and 119.11 of the Revised	44705
Code in particular, and the applicable provisions of Chapter 119.	44706
of the Revised Code in general, shall govern the proceedings of	44707
the board of building standards in adopting, amending, or	44708
rescinding rules pursuant to this section.	44709

Sec. 4104.04. (A) Sections 4104.01 to 4104.20 and section	44710
4104.99 of the Revised Code do not apply to the following boilers	44711
and ~~unfired~~ pressure vessels:	44712

(1) Boilers, ~~unfired~~ pressure vessels, and stationary steam	44713
engines under federal control or subject to inspection under	44714
federal laws;	44715

(2) Air tanks located on vehicles operating under the rules	44716
of other state authorities and used for carrying passengers, or	44717
freight;	44718

(3) Air tanks installed on the right of way of railroads and	44719
used directly in the operation of trains;	44720

(4) ~~Unfired pressure~~Pressure vessels ~~which~~that are under	44721
the regulation and control of the state fire marshal under Chapter	44722
3737. of the Revised Code.	44723

(B) The following boilers and ~~unfired~~ pressure vessels are	44724
exempt from the requirements of sections 4104.10, 4104.101,	44725
4104.11, 4104.12, and 4104.13 of the Revised Code, but shall be	44726
equipped with such appliances, to insure safety of operation, as	44727
are prescribed by the board:	44728

(1) Portable boilers or ~~unfired~~ pressure vessels when located	44729
on farms and used solely for agricultural purposes;	44730

(2) Steam or vapor boilers carrying a pressure of not more	44731
than fifteen psig, which are located in private residences or in	44732
apartment houses of less than six family units;	44733

(3) Hot water boilers operated at pressures not exceeding one	44734
hundred sixty psig, or temperatures not exceeding two hundred	44735
fifty degrees fahrenheit, which are located in private residences	44736
or in apartment houses of less than six family units;	44737

(4) ~~Unfired pressure~~Pressure vessels containing only water	44738
under pressure for domestic supply purposes, including those	44739
containing air, the compression of which serves only as a cushion	44740
or airlift pumping system, when located in private residences or	44741
in apartment houses of less than six family units;	44742

(5) Portable boilers used in pumping, heating, steaming, and	44743
drilling, in the open field, for water, gas, and oil;	44744

(6) Portable boilers used in the construction of and repair	44745
to public roads, railroads, and bridges;	44746

(7) Historical steam boilers of riveted construction,	44747
preserved, restored, or maintained for hobby or demonstration use.	44748

Sec. 4104.06. (A) The inspection of boilers and their	44749
appurtenances and ~~unfired~~ pressure vessels shall be made by the	44750
inspectors mentioned in sections 4104.07 to 4104.20 of the Revised	44751
Code. The superintendent of industrial compliance shall administer	44752
and enforce such sections and rules adopted by the board of	44753
building standards pursuant to section 4104.02 of the Revised	44754
Code.	44755

(B) The superintendent shall adopt, amend, and repeal rules	44756
exclusively for the issuance, renewal, suspension, and revocation	44757
of certificates of competency and certificates of operation, for	44758
conducting hearings in accordance with Chapter 119. of the Revised	44759
Code related to these actions, and for the inspection of boilers	44760
and their appurtenances, and ~~unfired~~ pressure vessels.	44761

(C) Notwithstanding division (B) of this section, the	44762
superintendent shall not adopt rules relating to construction,	44763
maintenance, or repair of boilers and their appurtenances, or	44764
repair of ~~unfired~~ pressure vessels.	44765

(D) The superintendent and each general inspector may enter	44766
any premises and any building or room at all reasonable hours to	44767
perform an examination or inspection.	44768

Sec. 4104.07. (A) An application for examination as an	44769
inspector of boilers and ~~unfired~~ pressure vessels shall be in	44770
writing, accompanied by a fee of fifty dollars, upon a blank to be	44771
furnished by the superintendent of industrial compliance. Any	44772
moneys collected under this section shall be paid into the state	44773
treasury to the credit of the industrial compliance operating fund	44774
created in section 121.084 of the Revised Code.	44775

(B) The superintendent shall determine if an applicant meets	44776
all the requirements for examination in accordance with rules	44777
adopted by the board of building standards under section 4104.02	44778
of the Revised Code. An application shall be rejected which	44779
contains any willful falsification, or untruthful statements.	44780

(C) An applicant shall be examined by the superintendent, by	44781
a written examination, prescribed by the board, dealing with the	44782
construction, installation, operation, maintenance, and repair of	44783
boilers and ~~unfired~~ pressure vessels and their appurtenances, and	44784
the applicant shall be accepted or rejected on the merits of the	44785
applicant's application and examination.	44786

(D) Upon a favorable report by the superintendent of the	44787
result of an examination, the superintendent shall immediately	44788
issue to the successful applicant a certificate of competency to	44789
that effect.	44790

Sec. 4104.08. (A) The director of commerce may appoint from	44791
the holders of certificates of competency provided for in section	44792
4104.07 of the Revised Code, general inspectors of boilers and	44793
~~unfired~~ pressure vessels.	44794

(B) Any company authorized to insure boilers and ~~unfired~~	44795
pressure vessels against explosion in this state may designate	44796
from holders of certificates of competency issued by the	44797
superintendent of industrial compliance, or holders of	44798
certificates of competency or commissions issued by other states	44799
or nations whose examinations for certificates or commissions have	44800
been approved by the board of building standards, persons to	44801
inspect and stamp boilers and ~~unfired~~ pressure vessels covered by	44802
the company's policies, and the superintendent shall issue to such	44803
persons commissions authorizing them to act as special inspectors.	44804
Special inspectors shall be compensated by the company designating	44805
them.	44806

(C) The director of commerce shall establish an annual fee to	44807
be charged by the superintendent for each certificate of	44808
competency or commission the superintendent issues.	44809

(D) The superintendent shall issue to each general or special	44810
inspector a commission to the effect that the holder thereof is	44811
authorized to inspect boilers and ~~unfired~~ pressure vessels in this	44812
state.	44813

(E) No person shall be authorized to act as a general	44814
inspector or a special inspector who is directly or indirectly	44815
interested in the manufacture or sale of boilers or ~~unfired~~	44816
pressure vessels.	44817

Sec. 4104.15. (A) All certificates of inspection for	44818
boilers, issued prior to October 15, 1965, are valid and effective	44819
for the period set forth in such certificates unless sooner	44820
withdrawn by the superintendent of industrial compliance. The	44821
owner or user of any such boiler shall obtain an appropriate	44822
certificate of operation for such boiler, and shall not operate	44823
such boiler, or permit it to be operated unless a certificate of	44824
operation has been obtained in accordance with section 4104.17 of	44825
the Revised Code.	44826

(B) If, upon making the internal and external inspection	44827
required under sections 4104.11, 4104.12, and 4104.13 of the	44828
Revised Code, the inspector finds the boiler to be in safe working	44829
order, with the fittings necessary to safety, and properly set up,	44830
upon the inspector's report to the superintendent, the	44831
superintendent shall issue to the owner or user thereof, or renew,	44832
upon application and upon compliance with sections 4104.17 and	44833
4104.18 of the Revised Code, a certificate of operation which	44834
shall state the maximum pressure at which the boiler may be	44835
operated, as ascertained by the rules of the board of building	44836
standards. Such certificates shall also state the name of the	44837
owner or user, the location, size, and number of each boiler, and	44838
the date of issuance, and shall be so placed as to be easily read	44839
in the engine room or boiler room of the plant where the boiler is	44840
located, except that the certificate of operation for a portable	44841
boiler shall be kept on the premises and shall be accessible at	44842
all times.	44843

(C) If an inspector at any inspection finds that the boiler	44844
or ~~unfired~~ pressure vessel is not in safe working condition, or is	44845
not provided with the fittings necessary to safety, or if the	44846
fittings are improperly arranged, the inspector shall immediately	44847
notify the owner or user and person in charge of the boiler and	44848
shall report the same to the superintendent who may revoke,	44849
suspend, or deny the certificate of operation and not renew the	44850
same until the boiler or ~~unfired~~ pressure vessel and its fittings	44851
are put in condition to insure safety of operation, and the owner	44852
or user shall not operate the boiler or ~~unfired~~ pressure vessel,	44853
or permit it to be operated until such certificate has been	44854
granted or restored.	44855

(D) If the superintendent or a general boiler inspector finds	44856
that ~~an unfired~~a pressure vessel or boiler or a part thereof	44857
poses an explosion hazard that reasonably can be regarded as	44858
posing an imminent danger of death or serious physical harm to	44859
persons, the superintendent or the general boiler inspector shall	44860
seal the ~~unfired~~ pressure vessel or boiler and order, in writing,	44861
the operator or owner of the ~~unfired~~ pressure vessel or boiler to	44862
immediately cease the ~~unfired~~ pressure vessel's or boiler's	44863
operation. The order shall be effective until the nonconformities	44864
are eliminated, corrected, or otherwise remedied, or for a period	44865
of seventy-two hours from the time of issuance, whichever occurs	44866
first. During the seventy-two-hour period, the superintendent may	44867
request that the prosecuting attorney or city attorney of Franklin	44868
county or of the county in which the ~~unfired~~ pressure vessel or	44869
boiler is located obtain an injunction restraining the operator or	44870
owner of the ~~unfired~~ pressure vessel or boiler from continuing its	44871
operation after the seventy-two-hour period expires until the	44872
nonconformities are eliminated, corrected, or otherwise remedied.	44873

(E) Each boiler which has been inspected shall be assigned a	44874
number by the superintendent, which number shall be stamped on a	44875
nonferrous metal tag affixed to the boiler or its fittings by seal	44876
or otherwise. No person except an inspector shall deface or remove	44877
any such number or tag.	44878

(F) If the owner or user of any ~~unfired~~ pressure vessel or	44879
boiler disagrees with the inspector as to the necessity for	44880
shutting down ~~an unfired~~a pressure vessel or boiler or for making	44881
repairs or alterations in it, or taking any other measures for	44882
safety that are requested by an inspector, the owner or user may	44883
appeal from the decision of the inspector to the superintendent,	44884
who may, after such other inspection by a general inspector or	44885
special inspector as the superintendent deems necessary, decide	44886
the issue.	44887

(G) Neither sections 4104.01 to 4104.20 of the Revised Code,	44888
nor an inspection or report by any inspector, shall relieve the	44889
owner or user of ~~an unfired~~a pressure vessel or boiler of the	44890
duty of using due care in the inspection, operation, and repair of	44891
the ~~unfired~~ pressure vessel or boiler or of any liability for	44892
damages for failure to inspect, repair, or operate the ~~unfired~~	44893
pressure vessel or boiler safely.	44894

Sec. 4104.18. (A) The owner or user of a boiler required	44895
under section 4104.12 of the Revised Code to be inspected upon	44896
installation, and the owner or user of a boiler for which a	44897
certificate of inspection has been issued which is replaced with	44898
an appropriate certificate of operation, shall pay to the	44899
superintendent of industrial compliance a fee in the amount of	44900
~~thirty~~forty-five dollars for boilers subject to annual	44901
inspections under section 4104.11 of the Revised Code, ~~sixty~~	44902
ninety dollars for boilers subject to biennial inspection under	44903
section 4104.13 of the Revised Code, ~~ninety~~one hundred	44904
thirty-five dollars for boilers subject to triennial inspection	44905
under section 4104.11 of the Revised Code, or ~~one~~two hundred	44906
~~fifty~~twenty-five dollars for boilers subject to quinquennial	44907
inspection under section 4104.13 of the Revised Code.	44908

A renewal fee in the amount of ~~thirty~~forty-five dollars	44909
shall be paid to the treasurer of state before the renewal of any	44910
certificate of operation.	44911

(B) The fee for complete inspection during construction by a	44912
general inspector on boilers and ~~unfired~~ pressure vessels	44913
manufactured within the state shall be thirty-five dollars per	44914
hour. Boiler and ~~unfired~~ pressure vessel manufacturers other than	44915
those located in the state may secure inspection by a general	44916
inspector on work during construction, upon application to the	44917
superintendent, and upon payment of a fee of thirty-five dollars	44918
per hour, plus the necessary traveling and hotel expenses incurred	44919
by the inspector.	44920

(C) The application fee for applicants for steam engineer,	44921
high pressure boiler operator, or low pressure boiler operator	44922
licenses is fifty dollars. The fee for each original or renewal	44923
steam engineer, high pressure boiler operator, or low pressure	44924
boiler operator license is thirty-five dollars.	44925

(D) The director of commerce, subject to the approval of the	44926
controlling board, may establish fees in excess of the fees	44927
provided in divisions (A), (B), and (C) of this section~~, provided~~	44928
~~that such fees do not exceed the amounts established in this~~	44929
~~section by more than fifty per cent~~. Any moneys collected under	44930
this section shall be paid into the state treasury to the credit	44931
of the industrial compliance operating fund created in section	44932
121.084 of the Revised Code.	44933

(E) Any person who fails to pay an invoiced renewal fee or an	44934
invoiced inspection fee required for any inspection conducted by	44935
the division of industrial compliance pursuant to this chapter	44936
within forty-five days of the invoice date shall pay a late	44937
payment fee equal to twenty-five per cent of the invoiced fee.	44938

(F) In addition to the fees assessed in divisions (A) and (B)	44939
of this section, the board of building standards shall assess the	44940
owner or user a fee of three dollars and twenty-five cents for	44941
each certificate of operation or renewal thereof issued under	44942
division (A) of this section and for each inspection conducted	44943
under division (B) of this section. The board shall adopt rules,	44944
in accordance with Chapter 119. of the Revised Code, specifying	44945
the manner by which the superintendent shall collect and remit to	44946
the board the fees assessed under this division and requiring that	44947
remittance of the fees be made at least quarterly.	44948

Sec. 4104.19. (A) Any person seeking a license to operate as	44949
a steam engineer, high pressure boiler operator, or low pressure	44950
boiler operator shall file a written application with the	44951
superintendent of industrial compliance on a form prescribed by	44952
the superintendent with the appropriate application fee as set	44953
forth in section 4104.18 of the Revised Code. The application	44954
shall contain information satisfactory to the superintendent to	44955
demonstrate that the applicant meets the requirements of division	44956
(B) of this section. The application shall be filed with the	44957
superintendent not more than sixty days and not less than thirty	44958
days before the license examination is offered.	44959

(B) To qualify to take the examination required to obtain a	44960
steam engineer, high pressure boiler operator, or low pressure	44961
boiler operator license, a person shall meet both of the following	44962
requirements:	44963

(1) Be at least eighteen years of age;

44964

(2) Have one year of experience in the operation of steam	44965
engines, high pressure boilers, or low pressure boilers as	44966
applicable to the type of license being sought, or a combination	44967
of experience and education for the type of license sought as	44968
determined to be acceptable by the superintendent.	44969

(C) No applicant shall qualify to take an examination or to	44970
renew a license if the applicant has violated this chapter or if	44971
the applicant has obtained or renewed a license issued under this	44972
chapter by fraud, misrepresentation, or deception.	44973

(D) The superintendent shall issue a license to each	44974
applicant who receives a passing score on the examination, as	44975
determined by the superintendent, for the license for which the	44976
applicant applied.	44977

(E) The superintendent ~~shall~~may select and contract with one	44978
or more persons to do all of the following relative to the	44979
examinations for a license to operate as a steam engineer, high	44980
pressure boiler operator, or low pressure boiler operator:	44981

(1) Prepare, administer, score, and maintain the	44982
confidentiality of the examination;	44983

(2) Maintain responsibility for all expenses required to	44984
fulfill division (E)(1) of this section;	44985

(3) Charge each applicant a fee for administering the	44986
examination, in an amount authorized by the superintendent;	44987

(4) Design the examination for each type of license to	44988
determine an applicant's competence to operate the equipment for	44989
which the applicant is seeking licensure.	44990

(F) Each license issued under this chapter expires one year	44991
after the date of issue. Each person holding a valid, unexpired	44992
license may renew the license, without reexamination, by applying	44993
to the superintendent not more than ninety days before the	44994
expiration of the license, and submitting with the application the	44995
renewal fee established in section 4104.18 of the Revised Code.	44996
Upon receipt of the renewal information and fee, the	44997
superintendent shall issue the licensee a certificate of renewal.	44998

(G) The superintendent, in accordance with Chapter 119. of	44999
the Revised Code, may suspend or revoke any license, or may refuse	45000
to issue a license under this chapter upon finding that a licensee	45001
or an applicant for a license has violated or is violating the	45002
requirements of this chapter.	45003

Sec. 4104.20. No owner or operator of any boiler shall	45004
operate the same in violation of sections 4104.11 to 4104.16,	45005
inclusive, and 4104.18 of the Revised Code, or of any rule or	45006
regulation adopted by the board of building standards, pursuant to	45007
section 4104.02 of the Revised Code, or without having a boiler	45008
inspected and a certificate of operation issued therefor as	45009
provided in such sections or hinder or prevent a general or	45010
special inspector of boilers from entering any premises in or on	45011
which a boiler is situated for the purpose of inspection. No owner	45012
or operator of any ~~unfired~~ pressure vessel shall operate the same	45013
in violation of section 4104.10 of the Revised Code, or of any	45014
rule or regulation adopted by the board of building standards,	45015
pursuant to section 4104.02 of the Revised Code.	45016

Sec. 4104.41. ~~(A)~~ As used in sections 4104.41 to ~~4104.45~~	45017
4104.48 of the Revised Code:	45018

~~(1)~~(A) "Liquefied petroleum gas" means any material which is	45019
composed predominantly of any of the following hydrocarbons, or	45020
mixtures of the same: propane, propylene, normal butane, or	45021
isobutane or butylenes.	45022

~~(2)~~(B) "Other gaseous piping systems" excludes natural gas	45023
piping gas systems.	45024

~~(B) The director of commerce shall appoint general inspectors~~	45025
~~of power, refrigerating, hydraulic, heating, and liquefied~~	45026
~~petroleum gas piping systems. Such inspectors shall be appointed~~	45027
~~from holders of certificates of competency provided for in section~~	45028
~~4104.42 of the Revised Code.~~	45029

~~Salaries shall be appropriated in the same manner as the~~	45030
~~salaries of other employees of state departments, and expenses of~~	45031
~~such general inspectors shall be provided for in the same manner~~	45032
~~as the expenses of other employees of state departments.~~	45033

Sec. 4104.42. (A) Each manufacturer, contractor, owner, or	45034
user of power, refrigerating, hydraulic, heating and liquefied	45035
petroleum gas, oxygen, or other gaseous piping systems shall	45036
conduct tests required under rules adopted by the board of	45037
building standards under division (A)(1) of section 4104.44 of the	45038
Revised Code and certify in writing on forms provided under	45039
section 4104.43 of the Revised Code by the superintendent of	45040
industrial compliance in the department of commerce that the	45041
welding and brazing procedures used in the construction of those	45042
power, refrigerating, hydraulic, heating and liquefied petroleum	45043
gas, oxygen, or other gaseous piping systems meet the standards	45044
established by the board under division (A)(1) of section 4104.44	45045
of the Revised Code.	45046

(B) Each manufacturer, contractor, owner, or user of power,	45047
refrigerating, hydraulic, heating and liquefied petroleum gas,	45048
oxygen, or other gaseous piping systems who causes welding or	45049
brazing to be performed in the construction of power,	45050
refrigerating, hydraulic, heating and liquefied petroleum gas,	45051
oxygen, or other gaseous piping systems shall maintain at least	45052
one copy of the forms described in division (A) of this section	45053
and make that copy accessible to any individual certified by the	45054
board of building standards pursuant to division (E) of section	45055
3781.10 of the Revised Code.	45056

(C) An individual certified by the board of building	45057
standards pursuant to division (E) of section 3781.10 of the	45058
Revised Code shall examine the forms described in division (A) of	45059
this section to determine compliance with the rules adopted by the	45060
board of building standards under division (A)(1) of section	45061
4104.44 of the Revised Code.	45062

(D) An individual certified by the board of building	45063
standards pursuant to division (E) of section 3781.10 of the	45064
Revised Code with reason to question the certification or ability	45065
of any welder or brazer shall report the concerns to the	45066
superintendent of the division of industrial compliance in the	45067
department of commerce. The superintendent shall investigate those	45068
concerns. If the superintendent finds facts that substantiate the	45069
concerns of the individual certified by the board of building	45070
standards pursuant to division (E) of section 3781.10 of the	45071
Revised Code, the superintendent may require the welder or brazer	45072
in question to become recertified by a private vendor in the same	45073
manner by which five-year recertification is required under	45074
section 4104.46 of the Revised Code. The superintendent also may	45075
utilize the services of an independent testing laboratory to	45076
witness the welding or brazing performed on the project in	45077
question and to conduct tests on coupons to determine whether the	45078
coupons meet the requirements of the rules adopted by the board of	45079
building standards under division (A)(1) of section 4104.44 of the	45080
Revised Code.	45081

Sec. 4104.43. (A) Each manufacturer, contractor, owner, or	45082
user of power, refrigerating, hydraulic, heating and liquefied	45083
petroleum gas, oxygen, or other gaseous piping systems who causes	45084
welding or brazing to be performed in the construction of a power,	45085
refrigerating, hydraulic, heating and liquefied petroleum gas,	45086
oxygen, or other gaseous piping system shall file with the	45087
superintendent of the division of industrial compliance two	45088
complete copies of forms provided by the superintendent that	45089
identify the welding and brazing procedure specifications and	45090
welder and brazer performance qualifications performed in the	45091
construction of that power, refrigerating, hydraulic, heating and	45092
liquefied petroleum gas, oxygen, or other gaseous piping system.	45093

(B)(1) Upon receipt of the forms filed under division (A) of	45094
this section, the superintendent shall review the welding and	45095
brazing procedure specifications and welder and brazer performance	45096
qualifications as indicated on the forms to determine compliance	45097
with rules adopted by the board of building standards under	45098
division (A)(1) of section 4104.44 of the Revised Code.	45099

(2) If the superintendent finds that the welding and brazing	45100
procedure specifications and welder and brazer performance	45101
qualifications comply with the requirements of the rules adopted	45102
by the board of building standards under division (A)(1) of	45103
section 4104.44 of the Revised Code, the superintendent shall	45104
approve the welding and brazing procedure specifications and	45105
welder and brazer performance qualifications as indicated on the	45106
forms and return one copy to the manufacturer, contractor, owner,	45107
or user of power, refrigerating, hydraulic, heating and liquefied	45108
petroleum gas, oxygen, or other gaseous piping systems who	45109
submitted the forms.	45110

(3) If the superintendent finds that the welding and brazing	45111
procedure specifications and welder and brazer performance	45112
qualifications do not comply with the requirements of the rules	45113
adopted by the board of building standards under division (A)(1)	45114
of section 4104.44 of the Revised Code, the superintendent shall	45115
indicate on the forms that the welding and brazing procedure	45116
specifications and welder and brazer performance qualifications	45117
are not approved and return one copy of the form to the	45118
manufacturer, contractor, owner, or user of power, refrigerating,	45119
hydraulic, heating and liquefied petroleum gas, oxygen, or other	45120
gaseous piping systems who submitted the forms with an explanation	45121
of why the welding and brazing procedure specifications and welder	45122
and brazer performance qualifications were not approved.	45123

Sec. 4104.44. (A) The board of building standards,	45124
established by section 3781.07 of the Revised Code, shall:	45125

(1) ~~Formulate~~Adopt rules governing the design, plan review,	45126
approval, construction, and installation of power, refrigerating,	45127
hydraulic, heating, and liquefied petroleum gas, oxygen, and other	45128
gaseous piping systems. ~~Such~~The board of building standards may	45129
include the rules for piping systems with the rules it adopts for	45130
buildings pursuant to section 3781.10 of the Revised Code or with	45131
the rules it adopts for piping systems pursuant to this section.	45132
The rules shall prescribe uniform minimum standards necessary for	45133
the protection of the public health and safety and shall include	45134
rules establishing the safe working pressure to be carried by any	45135
such systems; a program for the certification of the welding and	45136
brazing procedures proposed to be used on any such system by the	45137
owner or operator of any welding or brazing business and for	45138
quinquennial performance testing of welders and brazers who work	45139
on any such system; and measures for the conservation of energy.	45140
~~Such~~The rules shall be based upon and follow generally accepted	45141
engineering standards, formulas, and practices established and	45142
pertaining to such piping construction, installation, and testing.	45143
The board may, for this purpose, adopt existing published	45144
standards, as well as amendments thereto subsequently published by	45145
the same authority.	45146

(2) Prescribe the tests, to ascertain the qualities of	45147
materials and welding and brazing materials used in the	45148
construction of power, refrigerating, hydraulic, heating, and	45149
liquefied petroleum gas, oxygen, and other gaseous piping systems;	45150

(3) Make a standard form of certificate of inspection;

45151

(4) Prescribe ~~the examinations for applicants for~~	45152
~~certificates of competency provided for in section 4104.42 of the~~	45153
~~Revised Code and~~ performance tests to determine the proficiency of	45154
welders and brazers;	45155

(5) Certify municipal and county building departments to	45156
inspect power, refrigerating, hydraulic, heating, and liquefied	45157
petroleum gas, oxygen, and other gaseous piping systems and adopt	45158
rules governing such certification;	45159

~~(6) Establish the fee to be charged for an inspection made by~~	45160
~~a general inspector and for the filing and auditing of special~~	45161
~~inspector reports, and collect all fees established in this~~	45162
~~section~~.	45163

The fee for the quinquennial performance tests shall be	45164
fifteen dollars and the fee for certification of welding and	45165
brazing procedures mentioned in division (A) of this section shall	45166
be sixty dollars, except that the board of building standards,	45167
with the approval of the controlling board, may establish fees in	45168
excess of these fees, provided that the fees do not exceed the	45169
amounts of these fees by more than fifty per cent. The fee for	45170
each welding and brazing instruction sheet and procedure	45171
qualification record shall be fifteen dollars. Any moneys	45172
collected under this section shall be paid into the state treasury	45173
to the credit of the industrial compliance operating fund created	45174
in section 121.084 of the Revised Code.	45175

(B) ~~Piping is exempt from the requirements for submission of~~	45176
~~applications and inspections and the necessity to obtain permits,~~	45177
~~as required under this section and section 4104.45 of the Revised~~	45178
~~Code, or under rules adopted pursuant to those sections, for~~	45179
~~power, refrigerating, hydraulic, heating, and liquefied petroleum~~	45180
~~gas, oxygen, and gaseous piping systems if the piping is used:~~	45181

~~(1) In air cooling systems in residential or commercial~~	45182
~~buildings and if such systems do not exceed five tons (sixty~~	45183
~~thousand British thermal units per hour) per system; or~~	45184

~~(2) In air heating systems in residential or commercial~~	45185
~~buildings and if such systems do not exceed one hundred fifty~~	45186
~~thousand British thermal units per hour per system.~~	45187

~~(C)~~ The board of building standards may, by rule, exempt from	45188
the rules adopted pursuant to division (A)(1) of this section any	45189
~~pressure piping~~power, refrigerating, hydraulic, heating and	45190
liquefied petroleum gas, oxygen, or other gaseous piping systems	45191
~~which~~that pose no appreciable danger to the public health and	45192
safety.	45193

Sec. 4104.45. (A) Except as otherwise provided in section	45194
4104.44 of the Revised Code, new power, refrigerating, hydraulic,	45195
heating, liquefied petroleum gas, oxygen, and other gaseous piping	45196
systems shall be thoroughly inspected in accordance with the rules	45197
of the board of building standards. Such ~~inspection~~inspections	45198
shall be performed by ~~one of the following:~~	45199

~~(1) General inspectors of pressure piping systems;~~

45200

~~(2) Special inspectors provided for in section 4104.43 of the~~	45201
~~Revised Code;~~	45202

~~(3) Local inspectors provided for in section 4104.43 of the~~	45203
~~Revised Code.~~	45204

~~(B) Owners or users of pressure piping systems required to be~~	45205
~~inspected under this section shall pay to the division of~~	45206
~~industrial compliance in the department of commerce a fee of one~~	45207
~~hundred fifty dollars plus an additional fee determined as~~	45208
~~follows:~~	45209

~~(1) On or before June 30, 2000, two per cent of the actual~~	45210
~~cost of the system for each inspection made by a general~~	45211
~~inspector;~~	45212

~~(2) On July 1, 2000, and through June 30, 2001, one and~~	45213
~~eight-tenths per cent of the actual cost of the system for each~~	45214
~~inspection made by a general inspector;~~	45215

~~(3) On and after July 1, 2001, one per cent of the actual~~	45216
~~cost of the system for each inspection made by a general~~	45217
~~inspector.~~	45218

~~(C) The board of building standards, subject to the approval~~	45219
~~of the controlling board, may establish a fee in excess of the fee~~	45220
~~provided in division (B) of this section, provided that the fee~~	45221
~~does not exceed the amount established in this section by more~~	45222
~~than fifty per cent.~~	45223

~~(D) In addition to the fee assessed in division (B) of this~~	45224
~~section, the board of building standards shall assess the owner or~~	45225
~~user a fee of three dollars and twenty-five cents for each system~~	45226
~~inspected pursuant to this section. The board shall adopt rules,~~	45227
~~in accordance with Chapter 119. of the Revised Code, specifying~~	45228
~~the manner by which the superintendent of the division of~~	45229
~~industrial compliance in the department of commerce shall collect~~	45230
~~and remit to the board the fees assessed under this division and~~	45231
~~requiring that remittance of the fees be made at least quarterly.~~	45232

~~(E) Any moneys collected under this section shall be paid~~	45233
~~into the state treasury to the credit of the industrial compliance~~	45234
~~operating fund created in section 121.084 of the Revised Code.~~	45235

~~(F) Any person who fails to pay an inspection fee required~~	45236
~~for any inspection conducted by the division pursuant to this~~	45237
~~chapter within forty-five days after the inspection is conducted~~	45238
~~shall pay a late payment fee equal to twenty-five per cent of the~~	45239
~~inspection fee~~inspectors designated by the superintendent of the	45240
division of industrial compliance in the department of commerce	45241
or, within jurisdictional limits established by the board of	45242
building standards, by individuals certified by the board of	45243
building standards pursuant to division (E) of section 3781.10 of	45244
the Revised Code who are designated to do so by local building	45245
departments, as appropriate.	45246

~~(G)~~(B) The superintendent of the division of industrial	45247
compliance in the department of commerce may issue adjudication	45248
orders as necessary for the enforcement of sections 4104.41 to	45249
~~4104.46~~4104.48 of the Revised Code and rules adopted under those	45250
sections. No person shall violate or fail to comply with the terms	45251
and conditions of an adjudication order issued under this	45252
division. Adjudication orders issued pursuant to this division and	45253
appeals thereof are governed by section 3781.19 of the Revised	45254
Code.	45255

Sec. 4104.46. (A) The design, installation, and testing of	45256
nonflammable medical gas and vacuum piping systems within the	45257
scope of the national fire protection association standard,	45258
section 1-1 of "NFPA 99C, Gas and Vacuum Systems," is governed by	45259
that national fire protection association standard.	45260

(B) Installers, inspectors, verifiers, construction	45261
contracting maintenance personnel, and instructors for the design,	45262
installation, and testing of nonflammable medical gas and vacuum	45263
piping systems shall obtain certification by the American society	45264
of sanitary engineers in accordance with the American society of	45265
sanitary engineering series 6000 requirements.	45266

Sec. 4104.47. (A) No individual other than one certified by a	45267
private vendor in accordance with rules adopted by the board of	45268
building standards shall perform welding or brazing or both in the	45269
construction of power, refrigerating, hydraulic, heating and	45270
liquefied petroleum gas, oxygen, or other gaseous piping systems.	45271

(B) Each welder or brazer certified by a private vendor to	45272
perform welding or brazing or both in the construction of power,	45273
refrigerating, hydraulic, heating and liquefied petroleum gas,	45274
oxygen, or other gaseous piping systems shall be recertified by a	45275
private vendor to perform those services five years after the date	45276
of the original certification and every five years thereafter in	45277
accordance with rules adopted by the board. A private vendor shall	45278
recertify a welder or brazer who meets the requirements	45279
established by the board under division (A)(1) of section 4104.44	45280
of the Revised Code.	45281

~~Sec. 4104.46.~~ Sec. 4104.48. (A) No person shall violate sections	45282
4104.41 to ~~4104.46~~4104.48 of the Revised Code, fail to perform	45283
any duty lawfully enjoined in connection with those sections, or	45284
fail to comply with any order issued by the superintendent of the	45285
division of industrial compliance or any judgment or decree issued	45286
by any court in connection with the enforcement of sections	45287
4104.41 to ~~4104.46~~4104.48 of the Revised Code.	45288

(B) Every day during which a person violates sections 4104.41	45289
to ~~4104.46~~4104.48 of the Revised Code, fails to perform any duty	45290
lawfully enjoined in connection with those sections, or fails to	45291
comply with any order issued by the superintendent of the division	45292
of industrial compliance or any judgment or decree issued by any	45293
court in connection with the enforcement of sections 4104.41 to	45294
~~4104.46~~4104.48 of the Revised Code constitutes a separate	45295
offense.	45296

Sec. 4105.17. (A) The fee for each inspection, or attempted	45297
inspection that, due to no fault of a general inspector or the	45298
division of industrial compliance, is not successfully completed,	45299
by a general inspector before the operation of a permanent new	45300
elevator prior to the issuance of a certificate of operation,	45301
before operation of an elevator being put back into service after	45302
a repair, or as a result of the operation of section 4105.08 of	45303
the Revised Code and is an elevator required to be inspected under	45304
this chapter is twenty dollars plus ten dollars for each floor	45305
where the elevator stops. The superintendent of industrial	45306
compliance may assess an additional fee of one hundred twenty-five	45307
dollars plus five dollars for each floor where an elevator stops	45308
for the reinspection of an elevator when a previous attempt to	45309
inspect that elevator has been unsuccessful through no fault of a	45310
general inspector or the division of industrial compliance.	45311

(B) The fee for each inspection, or attempted inspection,	45312
that due to no fault of the general inspector or the division of	45313
industrial compliance, is not successfully completed by a general	45314
inspector before operation of a permanent new escalator or moving	45315
walk prior to the issuance of a certificate of operation, before	45316
operation of an escalator or moving walk being put back in service	45317
after a repair, or as a result of the operation of section 4105.08	45318
of the Revised Code is three hundred dollars. The superintendent	45319
of the division of industrial compliance may assess an additional	45320
fee of one hundred fifty dollars for the reinspection of an	45321
escalator or moving walk when a previous attempt to inspect that	45322
escalator or moving walk has been unsuccessful through no fault of	45323
the general inspector or the division of industrial compliance.	45324

(C) The fee for issuing or renewing a certificate of	45325
operation under section 4105.15 of the Revised Code for an	45326
elevator that is inspected every six months in accordance with	45327
division (A) of section 4105.10 of the Revised Code is ~~one~~two	45328
hundred ~~five~~ dollars plus ten dollars for each floor where the	45329
elevator stops, except where the elevator has been inspected by a	45330
special inspector in accordance with section 4105.07 of the	45331
Revised Code.	45332

(D) The fee for issuing or renewing a certificate of	45333
operation under section 4105.05 of the Revised Code for an	45334
elevator that is inspected every twelve months in accordance with	45335
division (A) of section 4105.10 of the Revised Code is fifty-five	45336
dollars plus ten dollars for each floor where the elevator stops,	45337
except where the elevator has been inspected by a special	45338
inspector in accordance with section 4105.07 of the Revised Code.	45339

(E) The fee for issuing or renewing a certificate of	45340
operation under section 4105.15 of the Revised Code for an	45341
escalator or moving walk is three hundred dollars, except where	45342
the escalator or moving walk has been inspected by a special	45343
inspector in accordance section 4105.07 of the Revised Code.	45344

(F) All other fees to be charged for any examination given or	45345
other service performed by the division of industrial compliance	45346
pursuant to this chapter shall be prescribed by the director of	45347
commerce. The fees shall be reasonably related to the costs of	45348
such examination or other service.	45349

(G) The director of commerce, subject to the approval of the	45350
controlling board, may establish fees in excess of the fees	45351
provided in divisions (A) ~~and~~, (B), (C), (D), and (E) of this	45352
section~~, provided that the fees do not exceed the amounts~~	45353
~~established in divisions (A) and (B) of this section by more than~~	45354
~~fifty per cent~~. Any moneys collected under this section shall be	45355
paid into the state treasury to the credit of the industrial	45356
compliance operating fund created in section 121.084 of the	45357
Revised Code.	45358

(H) Any person who fails to pay an inspection fee required	45359
for any inspection conducted by the division pursuant to this	45360
chapter within forty-five days after the inspection is conducted	45361
shall pay a late payment fee equal to twenty-five per cent of the	45362
inspection fee.	45363

(I) In addition to the fees assessed in divisions (A), (B),	45364
(C), ~~and~~ (D), and (E) of this section, the board of building	45365
standards shall assess a fee of three dollars and twenty-five	45366
cents for each certificate of operation or renewal thereof issued	45367
under ~~division~~divisions (A), (B), (C), (D), or (E) of this	45368
section and for each permit issued under section 4105.16 of the	45369
Revised Code. The board shall adopt rules, in accordance with	45370
Chapter 119. of the Revised Code, specifying the manner by which	45371
the superintendent of industrial compliance shall collect and	45372
remit to the board the fees assessed under this division and	45373
requiring that remittance of the fees be made at least quarterly.	45374

(J) For purposes of this section:

45375

(1) "Escalator" means a power driven, inclined, continuous	45376
stairway used for raising or lowering passengers.	45377

(2) "Moving walk" means a passenger carrying device on which	45378
passengers stand or walk, with a passenger carrying surface that	45379
is uninterrupted and remains parallel to its direction of motion.	45380

Sec. 4112.15. There is hereby created in the state treasury	45381
the civil rights commission general reimbursement fund, which	45382
shall be used to pay operating costs of the commission. All	45383
amounts received by the commission, and all amounts awarded by a	45384
court to the commission, for attorney's fees, court costs, expert	45385
witness fees, and other litigation expenses shall be paid into the	45386
state treasury to the credit of the fund. All ~~money paid to~~	45387
amounts received by the commission for copies of commission	45388
documents and for other goods and services furnished by the	45389
commission shall be ~~credited~~paid into the state treasury to the	45390
credit of the fund.	45391

Sec. 4115.10. (A) No person, firm, corporation, or public	45392
authority that constructs a public improvement with its own	45393
forces, the total overall project cost of which is fairly	45394
estimated to be more than the amounts set forth in division (B)(1)	45395
or (2) of section 4115.03 of the Revised Code, adjusted biennially	45396
by the director of commerce pursuant to section 4115.034 of the	45397
Revised Code, shall violate the wage provisions of sections	45398
4115.03 to 4115.16 of the Revised Code, or suffer, permit, or	45399
require any employee to work for less than the rate of wages so	45400
fixed, or violate the provisions of section 4115.07 of the Revised	45401
Code. Any employee upon any public improvement, except an employee	45402
to whom or on behalf of whom restitution is made pursuant to	45403
division (C) of section 4115.13 of the Revised Code, who is paid	45404
less than the fixed rate of wages applicable thereto may recover	45405
from such person, firm, corporation, or public authority that	45406
constructs a public improvement with its own forces the difference	45407
between the fixed rate of wages and the amount paid to the	45408
employee and in addition thereto a sum equal to twenty-five per	45409
cent of that difference. The person, firm, corporation, or public	45410
authority who fails to pay the rate of wages so fixed also shall	45411
pay a penalty to the director of seventy-five per cent of the	45412
difference between the fixed rate of wages and the amount paid to	45413
the employees on the public improvement. The director shall	45414
deposit all moneys received from penalties paid to the director	45415
pursuant to this section into the penalty enforcement fund, which	45416
is hereby created in the state treasury. The director shall use	45417
the fund for the enforcement of sections 4115.03 to 4115.16 of the	45418
Revised Code. The employee may file suit for recovery within ~~sixty~~	45419
ninety days of the director's determination of a violation of	45420
sections 4115.03 to 4115.16 of the Revised Code or is barred from	45421
further action under this division. Where the employee prevails in	45422
a suit, the employer shall pay the costs and reasonable attorney's	45423
fees allowed by the court.	45424

(B) Any employee upon any public improvement who is paid less	45425
than the prevailing rate of wages applicable thereto may file a	45426
complaint in writing with the director upon a form furnished by	45427
the director. ~~At the written request~~The complaint shall include	45428
documented evidence to demonstrate that the employee was paid less	45429
than the prevailing wage in violation of this chapter. Upon	45430
receipt of a properly completed written complaint of any employee	45431
paid less than the prevailing rate of wages applicable, the	45432
director shall take an assignment of a claim in trust for the	45433
assigning employee and bring any legal action necessary to collect	45434
the claim. The employer shall pay the costs and reasonable	45435
attorney's fees allowed by the court if the employer is found in	45436
violation of sections 4115.03 to 4115.16 of the Revised Code.	45437

(C) If after investigation pursuant to section 4115.13 of the	45438
Revised Code, the director determines there is a violation of	45439
sections 4115.03 to 4115.16 of the Revised Code and a period of	45440
sixty days has elapsed from the date of the determination, and if:	45441

(1) No employee has brought suit pursuant to division (A) of	45442
this section;	45443

(2) No employee has requested that the director take an	45444
assignment of a wage claim pursuant to division (B) of this	45445
section;	45446

The director shall bring any legal action necessary to	45447
collect any amounts owed to employees and the director. The	45448
director shall pay over to the affected employees the amounts	45449
collected to which the affected employees are entitled under	45450
division (A) of this section. In any action in which the director	45451
prevails, the employer shall pay the costs and reasonable	45452
attorney's fees allowed by the court.	45453

(D) Where persons are employed and their rate of wages has	45454
been determined as provided in section 4115.04 of the Revised	45455
Code, no person, either for self or any other person, shall	45456
request, demand, or receive, either before or after the person is	45457
engaged, that the person so engaged pay back, return, donate,	45458
contribute, or give any part or all of the person's wages, salary,	45459
or thing of value, to any person, upon the statement,	45460
representation, or understanding that failure to comply with such	45461
request or demand will prevent the procuring or retaining of	45462
employment, and no person shall, directly or indirectly, aid,	45463
request, or authorize any other person to violate this section.	45464
This division does not apply to any agent or representative of a	45465
duly constituted labor organization acting in the collection of	45466
dues or assessments of such organization.	45467

(E) The director shall enforce sections 4115.03 to 4115.16 of	45468
the Revised Code.	45469

(F) For the purpose of supplementing existing resources and	45470
to assist in enforcing division (E) of this section, the director	45471
may contract with a person registered as a public accountant under	45472
Chapter 4701. of the Revised Code to conduct an audit of a person,	45473
firm, corporation, or public authority.	45474

Sec. 4115.21. A person who files a complaint with the	45475
director of commerce alleging a violation of sections 4115.03 to	45476
4115.16 of the Revised Code shall file the complaint within two	45477
years after the completion of the public improvement upon which	45478
the violation is alleged to have occurred or be barred from	45479
further administrative action under this chapter.	45480

Sec. 4117.02. (A) There is hereby created the state	45481
employment relations board, consisting of three members to be	45482
appointed by the governor with the advice and consent of the	45483
senate. Members shall be knowledgeable about labor relations or	45484
personnel practices. No more than two of the three members shall	45485
belong to the same political party. A member of the board during	45486
the member's period of service shall hold no other public office	45487
or public or private employment and shall allow no other	45488
responsibilities to interfere or conflict with the member's duties	45489
as a full-time board member. Of the initial appointments made to	45490
the board, one shall be for a term ending October 6, 1984, one	45491
shall be for a term ending October 6, 1985, and one shall be for a	45492
term ending October 6, 1986. Thereafter, terms of office shall be	45493
for six years, each term ending on the same day of the same month	45494
of the year as did the term that it succeeds. Each member shall	45495
hold office from the date of the member's appointment until the	45496
end of the term for which the member is appointed. Any member	45497
appointed to fill a vacancy occurring prior to the expiration of	45498
the term for which the member's predecessor was appointed shall	45499
hold office for the remainder of the term. Any member shall	45500
continue in office subsequent to the expiration of the member's	45501
term until the member's successor takes office or until a period	45502
of sixty days has elapsed, whichever occurs first. The	45503

~~The governor shall designate one member to serve as~~	45504
~~chairperson of the board. The~~ governor may remove any member of	45505
the board, upon notice and public hearing, for neglect of duty or	45506
malfeasance in office, but for no other cause.	45507

(B) A(1) The governor shall designate one member of the	45508
board to serve as chairperson of the board. The chairperson is the	45509
head of the board and its chief executive officer.	45510

(2) The chairperson shall exercise all administrative powers	45511
and duties conferred upon the board under this chapter and shall	45512
do all of the following:	45513

(a) Except as provided in division (F)(2) of this section,	45514
employ, promote, supervise, and remove all employees of the board,	45515
and establish, change, or abolish positions and assign or reassign	45516
the duties of those employees as the chairperson determines	45517
necessary to achieve the most efficient performance of the board's	45518
duties under this chapter;	45519

(b) Maintain the office of the board in Columbus and manage	45520
the office's daily operations, including securing facilities,	45521
equipment, and supplies necessary to house the board, employees of	45522
the board, and files and records under the board's control;	45523

(c) Prepare and submit to the office of budget and management	45524
a budget for each biennium according to section 107.03 of the	45525
Revised Code, and include in the budget the costs of the board and	45526
its staff and the board's costs in discharging any duty imposed by	45527
law upon the board, the chairperson, or any of the board's	45528
employees or agents.	45529

(C) The vacancy on the board does not impair the right of the	45530
remaining members to exercise all the powers of the board, and two	45531
members of the board, at all times, constitute a quorum. The board	45532
shall have an official seal of which courts shall take judicial	45533
notice.	45534

~~(C)~~(D) The board shall make an annual report in writing to	45535
the governor and to the general assembly, stating in detail the	45536
work it has done.	45537

~~(D)~~(E) Compensation of the chairperson and members shall be	45538
in accordance with division (J) of section 124.15 of the Revised	45539
Code. The chairperson and the members are eligible for	45540
reappointment. In addition to such compensation, all members shall	45541
be reimbursed for their necessary expenses incurred in the	45542
performance of their work as members.	45543

~~(E)~~(F)(1) The chairperson, after consulting with the other	45544
board members and receiving the consent of at least one other	45545
board member, shall appoint an executive director ~~and~~. The	45546
chairperson also shall appoint attorneys,and attorney-trial	45547
examiners~~, mediators, arbitrators, members of fact-finding panels,~~	45548
~~directors for local areas, and other employees as it finds~~	45549
~~necessary for the proper performance of its duties and may~~	45550
~~prescribe their duties~~. ~~The~~	45551

(2) The board shall appoint mediators, arbitrators, members	45552
of fact-finding panels, and directors for local areas, and shall	45553
prescribe their job duties.	45554

(G)(1) The executive director shall serve at the pleasure of	45555
the chairperson. The executive director, under the direction of	45556
the chairperson, shall do all of the following:	45557

(a) Act as chief administrative officer for the board;

45558

(b) Ensure that all employees of the board comply with the	45559
rules of the board;	45560

(c) Do all things necessary for the efficient and effective	45561
implementation of the duties of the board.	45562

(2) The duties of the executive director described in	45563
division (G)(1) of this section do not relieve the chairperson	45564
from final responsibility for the proper performance of the duties	45565
described in that division.	45566

(H) The attorney general shall be the legal adviser of the	45567
board and shall appear for and represent the board and its agents	45568
in all legal proceedings. The board may utilize regional, local,	45569
or other agencies, and utilize voluntary and uncompensated	45570
services as needed. The board may contract with the federal	45571
mediation and conciliation service for the assistance of	45572
mediators, arbitrators, and other personnel the service makes	45573
available. The board and the chairperson, respectively, shall	45574
appoint all employees on the basis of training, practical	45575
experience, education, and character, notwithstanding the	45576
requirements established by section 119.09 of the Revised Code.	45577
The board shall give special regard to the practical training and	45578
experience that employees have for the particular position	45579
involved. All full-time employees of the board excepting the	45580
executive director, the head of the bureau of mediation, and the	45581
personal secretaries and assistants of the board members are in	45582
the classified service. All employees of the board shall be paid	45583
in accordance with Chapter 124. of the Revised Code.	45584

~~(F)~~(I) The board shall select and assign examiners and other	45585
agents whose functions are to conduct hearings with due regard to	45586
their impartiality, judicial temperament, and knowledge. If in any	45587
proceeding under this chapter, any party prior to five days before	45588
the hearing thereto files with the board a sworn statement	45589
charging that the examiner or other agent designated to conduct	45590
the hearing is biased or partial in the proceeding, the board may	45591
disqualify the person and designate another examiner or agent to	45592
conduct the proceeding. At least ten days before any hearing, the	45593
board shall notify all parties to a proceeding of the name of the	45594
examiner or agent designated to conduct the hearing.	45595

~~(G)~~(J) The principal office of the board is in Columbus, but	45596
it may meet and exercise any or all of its powers at any other	45597
place within the state. The board may, by one or more of its	45598
employees, or any agents or agencies it designates, conduct in any	45599
part of this state any proceeding, hearing, investigation,	45600
inquiry, or election necessary to the performance of its	45601
functions; provided, that no person so designated may later sit in	45602
determination of an appeal of the decision of that cause or	45603
matter.	45604

~~(H)~~(K) In addition to the powers and functions provided in	45605
other sections of this chapter, the board shall do all of the	45606
following:	45607

(1) Create a bureau of mediation within the state employment	45608
relations board, to perform the functions provided in section	45609
4117.14 of the Revised Code. This bureau shall also establish,	45610
after consulting representatives of employee organizations and	45611
public employers, panels of qualified persons to be available to	45612
serve as members of fact-finding panels and arbitrators.	45613

(2) Conduct studies of problems involved in representation	45614
and negotiation and make recommendations for legislation;	45615

(3) Hold hearings pursuant to this chapter and, for the	45616
purpose of the hearings and inquiries, administer oaths and	45617
affirmations, examine witnesses and documents, take testimony and	45618
receive evidence, compel the attendance of witnesses and the	45619
production of documents by the issuance of subpoenas, and delegate	45620
these powers to any members of the board or any attorney-trial	45621
examiner appointed by the board for the performance of its	45622
functions;	45623

(4) Train representatives of employee organizations and	45624
public employers in the rules and techniques of collective	45625
bargaining procedures;	45626

(5) Make studies and analyses of, and act as a clearinghouse	45627
of information relating to, conditions of employment of public	45628
employees throughout the state and request assistance, services,	45629
and data from any public employee organization, public employer,	45630
or governmental unit. Public employee organizations, public	45631
employers, and governmental units shall provide such assistance,	45632
services, and data as will enable the board to carry out its	45633
functions and powers.	45634

(6) Make available to employee organizations, public	45635
employers, mediators, fact-finding panels, arbitrators, and joint	45636
study committees statistical data relating to wages, benefits, and	45637
employment practices in public and private employment applicable	45638
to various localities and occupations to assist them to resolve	45639
issues in negotiations;	45640

(7) Notwithstanding section 119.13 of the Revised Code,	45641
establish standards of persons who practice before it;	45642

(8) Adopt, amend, and rescind rules and procedures and	45643
exercise other powers appropriate to carry out this chapter.	45644
Before the adoption, amendment, or rescission of rules and	45645
procedures under this section, the board shall do all of the	45646
following:	45647

(a) Maintain a list of interested public employers and	45648
employee organizations and mail notice to such groups of any	45649
proposed rule or procedure, amendment thereto, or rescission	45650
thereof at least thirty days before any public hearing thereon;	45651

(b) Mail a copy of each proposed rule or procedure, amendment	45652
thereto, or rescission thereof to any person who requests a copy	45653
within five days after receipt of the request therefor;	45654

(c) Consult with appropriate statewide organizations	45655
representing public employers or employees who would be affected	45656
by the proposed rule or procedure.	45657

Although the board is expected to discharge these duties	45658
diligently, failure to mail any notice or copy, or to so consult	45659
with any person, is not jurisdictional and shall not be construed	45660
to invalidate any proceeding or action of the board.	45661

~~(I)~~(L) In case of neglect or refusal to obey a subpoena	45662
issued to any person, the court of common pleas of the county in	45663
which the investigation or the public hearing occurs, upon	45664
application by the board, may issue an order requiring the person	45665
to appear before the board and give testimony about the matter	45666
under investigation. The court may punish a failure to obey the	45667
order as contempt.	45668

~~(J)~~(M) Any subpoena, notice of hearing, or other process or	45669
notice of the board issued under this section may be served	45670
personally, by certified mail, or by leaving a copy at the	45671
principal office or personal residence of the respondent required	45672
to be served. A return, made and verified by the individual making	45673
the service and setting forth the manner of service, is proof of	45674
service, and a return post office receipt, when certified mail is	45675
used, is proof of service. All process in any court to which	45676
application is made under this chapter may be served in the county	45677
wherein the persons required to be served reside or are found.	45678

~~(K)~~(N) All expenses of the board, including all necessary	45679
traveling and subsistence expenses incurred by the members or	45680
employees of the board under its orders, shall be paid pursuant to	45681
itemized vouchers approved by the chairperson of the board, the	45682
executive director, or both, or such other person as the ~~board~~	45683
chairperson designates for that purpose.	45684

~~(L)~~(O) Whenever the board determines that a substantial	45685
controversy exists with respect to the application or	45686
interpretation of this chapter and the matter is of public or	45687
great general interest, the board shall certify its final order	45688
directly to the court of appeals having jurisdiction over the area	45689
in which the principal office of the public employer directly	45690
affected by the application or interpretation is located. The	45691
chairperson shall file with the clerk of the court a certified	45692
copy of the transcript of the proceedings before the board	45693
pertaining to the final order. If upon hearing and consideration	45694
the court decides that the final order of the board is unlawful or	45695
is not supported by substantial evidence on the record as a whole,	45696
the court shall reverse and vacate the final order or modify it	45697
and enter final judgment in accordance with the modification;	45698
otherwise, the court shall affirm the final order. The notice of	45699
the final order of the board to the interested parties shall	45700
contain a certification by the chairperson of the board that the	45701
final order is of public or great general interest and that a	45702
certified transcript of the record of the proceedings before the	45703
board had been filed with the clerk of the court as an appeal to	45704
the court. For the purposes of this division, the board has	45705
standing to bring its final order properly before the court of	45706
appeals.	45707

~~(M)~~(P) Except as otherwise specifically provided in this	45708
section, the board is subject to Chapter 119. of the Revised Code,	45709
including the procedure for submission of proposed rules to the	45710
general assembly for legislative review under division (H) of	45711
section 119.03 of the Revised Code.	45712

Sec. 4117.14. (A) The procedures contained in this section	45713
govern the settlement of disputes between an exclusive	45714
representative and a public employer concerning the termination or	45715
modification of an existing collective bargaining agreement or	45716
negotiation of a successor agreement, or the negotiation of an	45717
initial collective bargaining agreement.	45718

(B)(1) In those cases where there exists a collective	45719
bargaining agreement, any public employer or exclusive	45720
representative desiring to terminate, modify, or negotiate a	45721
successor collective bargaining agreement shall:	45722

(a) Serve written notice upon the other party of the proposed	45723
termination, modification, or successor agreement. The party must	45724
serve the notice not less than sixty days prior to the expiration	45725
date of the existing agreement or, in the event the existing	45726
collective bargaining agreement does not contain an expiration	45727
date, not less than sixty days prior to the time it is proposed to	45728
make the termination or modifications or to make effective a	45729
successor agreement.	45730

(b) Offer to bargain collectively with the other party for	45731
the purpose of modifying or terminating any existing agreement or	45732
negotiating a successor agreement;	45733

(c) Notify the state employment relations board of the offer	45734
by serving upon the board a copy of the written notice to the	45735
other party and a copy of the existing collective bargaining	45736
agreement.	45737

(2) In the case of initial negotiations between a public	45738
employer and an exclusive representative, where a collective	45739
bargaining agreement has not been in effect between the parties,	45740
any party may serve notice upon the board and the other party	45741
setting forth the names and addresses of the parties and offering	45742
to meet, for a period of ninety days, with the other party for the	45743
purpose of negotiating a collective bargaining agreement.	45744

If the settlement procedures specified in divisions (B), (C),	45745
and (D) of this section govern the parties, where those procedures	45746
refer to the expiration of a collective bargaining agreement, it	45747
means the expiration of the sixty-day period to negotiate a	45748
collective bargaining agreement referred to in this subdivision,	45749
or in the case of initial negotiations, it means the ninety day	45750
period referred to in this subdivision.	45751

(3) The parties shall continue in full force and effect all	45752
the terms and conditions of any existing collective bargaining	45753
agreement, without resort to strike or lock-out, for a period of	45754
sixty days after the party gives notice or until the expiration	45755
date of the collective bargaining agreement, whichever occurs	45756
later, or for a period of ninety days where applicable.	45757

(4) Upon receipt of the notice, the parties shall enter into	45758
collective bargaining.	45759

(C) In the event the parties are unable to reach an	45760
agreement, they may submit, at any time prior to forty-five days	45761
before the expiration date of the collective bargaining agreement,	45762
the issues in dispute to any mutually agreed upon dispute	45763
settlement procedure which supersedes the procedures contained in	45764
this section.	45765

(1) The procedures may include:

45766

(a) Conventional arbitration of all unsettled issues;

45767

(b) Arbitration confined to a choice between the last offer	45768
of each party to the agreement as a single package;	45769

(c) Arbitration confined to a choice of the last offer of	45770
each party to the agreement on each issue submitted;	45771

(d) The procedures described in division (C)(1)(a), (b), or	45772
(c) of this section and including among the choices for the	45773
arbitrator, the recommendations of the fact finder, if there are	45774
recommendations, either as a single package or on each issue	45775
submitted;	45776

(e) Settlement by a citizens' conciliation council composed	45777
of three residents within the jurisdiction of the public employer.	45778
The public employer shall select one member and the exclusive	45779
representative shall select one member. The two members selected	45780
shall select the third member who shall chair the council. If the	45781
two members cannot agree upon a third member within five days	45782
after their appointments, the board shall appoint the third	45783
member. Once appointed, the council shall make a final settlement	45784
of the issues submitted to it pursuant to division (G) of this	45785
section.	45786

(f) Any other dispute settlement procedure mutually agreed to	45787
by the parties.	45788

(2) If, fifty days before the expiration date of the	45789
collective bargaining agreement, the parties are unable to reach	45790
an agreement, any party may request the state employment relations	45791
board to intervene. The request shall set forth the names and	45792
addresses of the parties, the issues involved, and, if applicable,	45793
the expiration date of any agreement.	45794

The board shall intervene and investigate the dispute to	45795
determine whether the parties have engaged in collective	45796
bargaining.	45797

If an impasse exists or forty-five days before the expiration	45798
date of the collective bargaining agreement if one exists, the	45799
board shall appoint a mediator to assist the parties in the	45800
collective bargaining process.	45801

(3) ~~If the mediator after assisting the parties advises the~~	45802
~~board that the parties have reached an impasse, or not later than~~	45803
~~thirty-one days prior to the expiration date of the agreement~~Any	45804
time after the appointment of a mediator, either party may request	45805
the appointment of a fact-finding panel. Within fifteen days after	45806
receipt of a request for a fact-finding panel, the board shall	45807
appoint ~~within one day~~ a fact-finding panel of not more than three	45808
members who have been selected by the parties in accordance with	45809
rules established by the board, from a list of qualified persons	45810
maintained by the board.	45811

(a) The fact-finding panel shall, in accordance with rules	45812
and procedures established by the board that include the	45813
regulation of costs and expenses of fact-finding, gather facts and	45814
make recommendations for the resolution of the matter. The board	45815
shall by its rules require each party to specify in writing the	45816
unresolved issues and its position on each issue to the	45817
fact-finding panel. The fact-finding panel shall make final	45818
recommendations as to all the unresolved issues.	45819

(b) The board may continue mediation, order the parties to	45820
engage in collective bargaining until the expiration date of the	45821
agreement, or both.	45822

(4) The following guidelines apply to fact-finding:

45823

(a) The fact-finding panel may establish times and place of	45824
hearings which shall be, where feasible, in the jurisdiction of	45825
the state.	45826

(b) The fact-finding panel shall conduct the hearing pursuant	45827
to rules established by the board.	45828

(c) Upon request of the fact-finding panel, the board shall	45829
issue subpoenas for hearings conducted by the panel.	45830

(d) The fact-finding panel may administer oaths.

45831

(e) The board shall prescribe guidelines for the fact-finding	45832
panel to follow in making findings. In making its recommendations,	45833
the fact-finding panel shall take into consideration the factors	45834
listed in divisions (G)(7)(a) to (f) of this section.	45835

(f) The fact-finding panel may attempt mediation at any time	45836
during the fact-finding process. From the time of appointment	45837
until the fact-finding panel makes a final recommendation, it	45838
shall not discuss the recommendations for settlement of the	45839
dispute with parties other than the direct parties to the dispute.	45840

(5) The fact-finding panel, acting by a majority of its	45841
members, shall transmit its findings of fact and recommendations	45842
on the unresolved issues to the public employer and employee	45843
organization involved and to the board no later than fourteen days	45844
after the appointment of the fact-finding panel, unless the	45845
parties mutually agree to an extension. The ~~state~~parties shall	45846
~~pay one-half~~share the cost of the fact-finding panel~~. The parties~~	45847
~~each shall pay one-half of the remaining costs~~in a manner agreed	45848
to by the parties.	45849

(6)(a) Not later than seven days after the findings and	45850
recommendations are sent, the legislative body, by a three-fifths	45851
vote of its total membership, and in the case of the public	45852
employee organization, the membership, by a three-fifths vote of	45853
the total membership, may reject the recommendations; if neither	45854
rejects the recommendations, the recommendations shall be deemed	45855
agreed upon as the final resolution of the issues submitted and a	45856
collective bargaining agreement shall be executed between the	45857
parties, including the fact-finding panel's recommendations,	45858
except as otherwise modified by the parties by mutual agreement.	45859
If either the legislative body or the public employee organization	45860
rejects the recommendations, the board shall publicize the	45861
findings of fact and recommendations of the fact-finding panel.	45862
The board shall adopt rules governing the procedures and methods	45863
for public employees to vote on the recommendations of the	45864
fact-finding panel.	45865

(b) As used in division (C)(6)(a) of this section,	45866
"legislative body" means the controlling board when the state or	45867
any of its agencies, authorities, commissions, boards, or other	45868
branch of public employment is party to the fact-finding process.	45869

(D) If the parties are unable to reach agreement within seven	45870
days after the publication of findings and recommendations from	45871
the fact-finding panel or the collective bargaining agreement, if	45872
one exists, has expired, then the:	45873

(1) Public employees, who are members of a police or fire	45874
department, members of the state highway patrol, deputy sheriffs,	45875
dispatchers employed by a police, fire or sheriff's department or	45876
the state highway patrol or civilian dispatchers employed by a	45877
public employer other than a police, fire, or sheriff's department	45878
to dispatch police, fire, sheriff's department, or emergency	45879
medical or rescue personnel and units, an exclusive nurse's unit,	45880
employees of the state school for the deaf or the state school for	45881
the blind, employees of any public employee retirement system,	45882
corrections officers, guards at penal or mental institutions,	45883
special police officers appointed in accordance with sections	45884
5119.14 and 5123.13 of the Revised Code, psychiatric attendants	45885
employed at mental health forensic facilities, or youth leaders	45886
employed at juvenile correctional facilities, shall submit the	45887
matter to a final offer settlement procedure pursuant to a board	45888
order issued forthwith to the parties to settle by a conciliator	45889
selected by the parties. The parties shall request from the board	45890
a list of five qualified conciliators and the parties shall select	45891
a single conciliator from the list by alternate striking of names.	45892
If the parties cannot agree upon a conciliator within five days	45893
after the board order, the board shall on the sixth day after its	45894
order appoint a conciliator from a list of qualified persons	45895
maintained by the board or shall request a list of qualified	45896
conciliators from the American arbitration association and appoint	45897
therefrom.	45898

(2) Public employees other than those listed in division	45899
(D)(1) of this section have the right to strike under Chapter	45900
4117. of the Revised Code provided that the employee organization	45901
representing the employees has given a ten-day prior written	45902
notice of an intent to strike to the public employer and to the	45903
board, and further provided that the strike is for full,	45904
consecutive work days and the beginning date of the strike is at	45905
least ten work days after the ending date of the most recent prior	45906
strike involving the same bargaining unit; however, the board, at	45907
its discretion, may attempt mediation at any time.	45908

(E) Nothing in this section shall be construed to prohibit	45909
the parties, at any time, from voluntarily agreeing to submit any	45910
or all of the issues in dispute to any other alternative dispute	45911
settlement procedure. An agreement or statutory requirement to	45912
arbitrate or to settle a dispute pursuant to a final offer	45913
settlement procedure and the award issued in accordance with the	45914
agreement or statutory requirement is enforceable in the same	45915
manner as specified in division (B) of section 4117.09 of the	45916
Revised Code.	45917

(F) Nothing in this section shall be construed to prohibit a	45918
party from seeking enforcement of a collective bargaining	45919
agreement or a conciliator's award as specified in division (B) of	45920
section 4117.09 of the Revised Code.	45921

(G) The following guidelines apply to final offer settlement	45922
proceedings under division (D)(1) of this section:	45923

(1) The parties shall submit to final offer settlement those	45924
issues that are subject to collective bargaining as provided by	45925
section 4117.08 of the Revised Code and upon which the parties	45926
have not reached agreement and other matters mutually agreed to by	45927
the public employer and the exclusive representative; except that	45928
the conciliator may attempt mediation at any time.	45929

(2) The conciliator shall hold a hearing within thirty days	45930
of the board's order to submit to a final offer settlement	45931
procedure, or as soon thereafter as is practicable.	45932

(3) The conciliator shall conduct the hearing pursuant to	45933
rules developed by the board. The conciliator shall establish the	45934
hearing time and place, but it shall be, where feasible, within	45935
the jurisdiction of the state. Not later than five calendar days	45936
before the hearing, each of the parties shall submit to the	45937
conciliator, to the opposing party, and to the board, a written	45938
report summarizing the unresolved issues, the party's final offer	45939
as to the issues, and the rationale for that position.	45940

(4) Upon the request by the conciliator, the board shall	45941
issue subpoenas for the hearing.	45942

(5) The conciliator may administer oaths.

45943

(6) The conciliator shall hear testimony from the parties and	45944
provide for a written record to be made of all statements at the	45945
hearing. The board shall submit for inclusion in the record and	45946
for consideration by the conciliator the written report and	45947
recommendation of the fact-finders.	45948

(7) After hearing, the conciliator shall resolve the dispute	45949
between the parties by selecting, on an issue-by-issue basis, from	45950
between each of the party's final settlement offers, taking into	45951
consideration the following:	45952

(a) Past collectively bargained agreements, if any, between	45953
the parties;	45954

(b) Comparison of the issues submitted to final offer	45955
settlement relative to the employees in the bargaining unit	45956
involved with those issues related to other public and private	45957
employees doing comparable work, giving consideration to factors	45958
peculiar to the area and classification involved;	45959

(c) The interests and welfare of the public, the ability of	45960
the public employer to finance and administer the issues proposed,	45961
and the effect of the adjustments on the normal standard of public	45962
service;	45963

(d) The lawful authority of the public employer;

45964

(e) The stipulations of the parties;

45965

(f) Such other factors, not confined to those listed in this	45966
section, which are normally or traditionally taken into	45967
consideration in the determination of the issues submitted to	45968
final offer settlement through voluntary collective bargaining,	45969
mediation, fact-finding, or other impasse resolution procedures in	45970
the public service or in private employment.	45971

(8) Final offer settlement awards made under Chapter 4117. of	45972
the Revised Code are subject to Chapter 2711. of the Revised Code.	45973

(9) If more than one conciliator is used, the determination	45974
must be by majority vote.	45975

(10) The conciliator shall make written findings of fact and	45976
promulgate a written opinion and order upon the issues presented	45977
to the conciliator, and upon the record made before the	45978
conciliator and shall mail or otherwise deliver a true copy	45979
thereof to the parties and the board.	45980

(11) Increases in rates of compensation and other matters	45981
with cost implications awarded by the conciliator may be effective	45982
only at the start of the fiscal year next commencing after the	45983
date of the final offer settlement award; provided that if a new	45984
fiscal year has commenced since the issuance of the board order to	45985
submit to a final offer settlement procedure, the awarded	45986
increases may be retroactive to the commencement of the new fiscal	45987
year. The parties may, at any time, amend or modify a	45988
conciliator's award or order by mutual agreement.	45989

(12) The parties shall bear equally the cost of the final	45990
offer settlement procedure.	45991

(13) Conciliators appointed pursuant to this section shall be	45992
residents of the state.	45993

(H) All final offer settlement awards and orders of the	45994
conciliator made pursuant to Chapter 4117. of the Revised Code are	45995
subject to review by the court of common pleas having jurisdiction	45996
over the public employer as provided in Chapter 2711. of the	45997
Revised Code. If the public employer is located in more than one	45998
court of common pleas district, the court of common pleas in which	45999
the principal office of the chief executive is located has	46000
jurisdiction.	46001

(I) The issuance of a final offer settlement award	46002
constitutes a binding mandate to the public employer and the	46003
exclusive representative to take whatever actions are necessary to	46004
implement the award.	46005

Sec. 4123.27. Information contained in the annual statement	46006
provided for in section 4123.26 of the Revised Code, and such	46007
other information as may be furnished to the bureau of workers'	46008
compensation by employers in pursuance of that section, is for the	46009
exclusive use and information of the bureau in the discharge of	46010
its official duties, and shall not be open to the public nor be	46011
used in any court in any action or proceeding pending therein	46012
unless the bureau is a party to the action or proceeding; but the	46013
information contained in the statement may be tabulated and	46014
published by the bureau in statistical form for the use and	46015
information of other state departments and the public. No person	46016
in the employ of the bureau, except those who are authorized by	46017
the administrator of workers' compensation, shall divulge any	46018
information secured by the person while in the employ of the	46019
bureau in respect to the transactions, property, claim files,	46020
records, or papers of the bureau or in respect to the business or	46021
mechanical, chemical, or other industrial process of any company,	46022
firm, corporation, person, association, partnership, or public	46023
utility to any person other than the administrator or to the	46024
superior of such employee of the bureau.	46025

Notwithstanding the restrictions imposed by this section, the	46026
governor, select or standing committees of the general assembly,	46027
the auditor of state, the attorney general, or their designees,	46028
pursuant to the authority granted in this chapter and Chapter	46029
4121. of the Revised Code, may examine any records, claim files,	46030
or papers in possession of the industrial commission or the	46031
bureau. They also are bound by the privilege that attaches to	46032
these papers.	46033

The administrator shall report to the director of job and	46034
family services or to the county director of job and family	46035
services the name, address, and social security number or other	46036
identification number of any person receiving workers'	46037
compensation whose name or social security number or other	46038
identification number is the same as that of a person required by	46039
a court or child support enforcement agency to provide support	46040
payments to a recipient or participant of public assistance, and	46041
whose name is submitted to the administrator by the director under	46042
section 5101.36 of the Revised Code. The administrator also shall	46043
inform the director of the amount of workers' compensation paid to	46044
the person during such period as the director specifies.	46045

Within fourteen days after receiving from the director of job	46046
and family services a list of the names and social security	46047
numbers of recipients or participants of public assistance	46048
pursuant to section 5101.181 of the Revised Code, the	46049
administrator shall inform the auditor of state of the name,	46050
current or most recent address, and social security number of each	46051
person receiving workers' compensation pursuant to this chapter	46052
whose name and social security number are the same as that of a	46053
person whose name or social security number was submitted by the	46054
director. The administrator also shall inform the auditor of state	46055
of the amount of workers' compensation paid to the person during	46056
such period as the director specifies.	46057

The bureau and its employees, except for purposes of	46058
furnishing the auditor of state with information required by this	46059
section, shall preserve the confidentiality of recipients or	46060
participants of public assistance in compliance with division (A)	46061
of section 5101.181 of the Revised Code.	46062

For the purposes of this section, "public assistance" means	46063
medical assistance provided through the medical assistance program	46064
established under section 5111.01 of the Revised Code, Ohio works	46065
first provided under Chapter 5107. of the Revised Code,	46066
prevention, retention, and contingency benefits and services	46067
provided under Chapter 5108. of the Revised Code, or disability	46068
financial assistance provided under Chapter 5115. of the Revised	46069
Code, or disability medical assistance provided under Chapter	46070
5115. of the Revised Code.	46071

Sec. 4123.41. (A) By the first day of January of each year,	46072
the bureau of workers' compensation shall furnish to the county	46073
auditor of each county and the chief fiscal officer of each taxing	46074
district in a county and of each district activity and institution	46075
mentioned in section 4123.39 of the Revised Code forms containing	46076
the premium rates applicable to the county, district, district	46077
activity, or institution as an employer, on which to report the	46078
amount of money expended by the county, district, district	46079
activity, or institution during the previous twelve calendar	46080
months for the services of employees under this chapter.	46081

(B) Each county auditor and each fiscal officer of a	46082
district, district activity, and institution shall calculate on	46083
the form it receives from the bureau under division (A) of this	46084
section the premium due as its proper contribution to the public	46085
insurance fund and issue ~~his~~a warrant in favor of the bureau for	46086
the amount due from the county, district, district activity, or	46087
institution to the public insurance fund according to the	46088
following schedule:	46089

(1) On or before the fifteenth day of May of each year, no	46090
less than forty-five per cent of the amount due;	46091

(2) On or before the first day of September of each year, no	46092
less than the total amount due.	46093

The legislative body of any county, district, district	46094
activity, or institution may reimburse the fund from which the	46095
contribution is made by transferring to the fund from any other	46096
fund of the county, district, district activity, or institution,	46097
the proportionate amount of the contribution that should be	46098
chargeable to the fund, whether the fund is derived from taxation	46099
or otherwise. The proportionate amount of the contribution	46100
chargeable to the fund may be based on payroll, relative exposure,	46101
relative loss experience, or any combination of these factors, as	46102
determined by the legislative body. Within sixty days before a	46103
legislative body changes the method used for calculating the	46104
proportionate amount of the contribution chargeable to the fund,	46105
it shall notify, consult with, and give information supporting the	46106
change to any elected official affected by the change. A transfer	46107
made pursuant to division (B)(2) of this section is not subject to	46108
section 5705.16 of the Revised Code.	46109

(C) The bureau may investigate the correctness of the	46110
information provided by the county auditor and chief fiscal	46111
officer under division (B) of this section, and if the bureau	46112
determines at any time that the county, district, district	46113
activity, or institution has not reported the correct information,	46114
the administrator of workers' compensation may make deductions or	46115
additions as the facts warrant and take those facts into	46116
consideration in determining the current or future contributions	46117
to be made by the county, district, district activity, or	46118
institution. If the county, district, district activity, or	46119
institution does not furnish the report in the time required by	46120
this section, the administrator may fix the amount of contribution	46121
the county, district, district activity, or institution must make	46122
and certify that amount for payment.	46123

(D) The administrator shall provide a discount to any county,	46124
district, district activity, or institution that pays its total	46125
amount due to the public insurance fund on or before the fifteenth	46126
day of May of each year as its proper contribution for premiums.	46127
The administrator shall base the discount provided under this	46128
division on the savings generated by the early payment to the	46129
public insurance fund. The administrator may provide the discount	46130
through a refund to the county, district, district activity, or	46131
institution or an offset against the future contributions due to	46132
the public insurance fund from the county, district, district	46133
activity, or institution.	46134

(E) The administrator may impose an interest penalty for late	46135
payment of any amount due from a county, district, district	46136
activity, and institution at the interest rate established by the	46137
state tax commissioner pursuant to section 5703.47 of the Revised	46138
Code.	46139

Sec. 4141.04. The director of job and family services shall	46140
maintain or ensure the existence of public employment offices that	46141
are free to the general public. These offices shall exist in such	46142
number and in such places as are necessary for the proper	46143
administration of this chapter, to perform such duties as are	46144
within the purview of the act of congress entitled "an act to	46145
provide for the establishment of a national employment system and	46146
for cooperation with the states in the promotion of such system,	46147
and for other purposes," approved June 6, 1933, as amended, which	46148
is known as the "Wagner-Peyser Act." The director shall cooperate	46149
with any official or agency of the United States having powers or	46150
duties under that act of congress and shall do and perform all	46151
things necessary to secure to this state the benefits of that act	46152
of congress in the promotion and maintenance of a system of public	46153
employment offices. That act of congress is hereby accepted by	46154
this state, in conformity with that act of congress and Title III	46155
of the "Social Security Act," and the "Federal Unemployment Tax	46156
Act," 26 U.S.C.A. 3301, as amended, and this state will observe	46157
and comply with the requirements thereof. The department of job	46158
and family services is hereby designated and constituted the	46159
agency of this state for the purposes of that act of congress.	46160

The director may cooperate with or enter into agreements with	46161
the railroad retirement board with respect to the establishment,	46162
maintenance, and use of employment service facilities that are	46163
free to the general public.	46164

All moneys received by this state under the act of congress	46165
known as the Wagner-Peyser Act shall be ~~paid~~deposited into the	46166
state treasury to the credit of the special employment service	46167
account in the ~~unemployment compensation administration~~federal	46168
operating fund, which is hereby created. Those moneys are hereby	46169
made available to the director to be expended as provided by this	46170
section and by that act of congress. For the purpose of	46171
establishing and maintaining public employment offices that are	46172
free to the general public, the director may enter into agreements	46173
with the railroad retirement board or any other agency of the	46174
United States charged with the administration of an unemployment	46175
compensation law, with any political subdivision of this state, or	46176
with any private, nonprofit organization and as a part of any such	46177
agreement the director may accept moneys, services, or quarters as	46178
a contribution to the employment service account.	46179

The director shall maintain labor market information and	46180
employment statistics as necessary for the administration of this	46181
chapter.	46182

The director shall appoint an employee of the department to	46183
serve as an ex officio member of the governor's council to	46184
maintain a liaison between the department and the governor's	46185
council on people with disabilities.	46186

Sec. 4141.09. (A) There is hereby created an unemployment	46187
compensation fund to be administered by the state without	46188
liability on the part of the state beyond the amounts paid into	46189
the fund and earned by the fund. The unemployment compensation	46190
fund shall consist of all contributions, payments in lieu of	46191
contributions described in sections 4141.241 and 4141.242 of the	46192
Revised Code, reimbursements of the federal share of extended	46193
benefits described in section 4141.301 of the Revised Code,	46194
collected under sections 4141.01 to 4141.46 of the Revised Code,	46195
together with all interest earned upon any moneys deposited with	46196
the secretary of the treasury of the United States to the credit	46197
of the account of this state in the unemployment trust fund	46198
established and maintained pursuant to section 904 of the "Social	46199
Security Act," any property or securities acquired through the use	46200
of moneys belonging to the fund, and all earnings of such property	46201
or securities. The unemployment compensation fund shall be used to	46202
pay benefits and refunds as provided by such sections and for no	46203
other purpose.	46204

(B) The treasurer of state shall be the custodian of the	46205
unemployment compensation fund and shall administer such fund in	46206
accordance with the directions of the director of job and family	46207
services. All disbursements therefrom shall be paid by the	46208
treasurer of state on warrants drawn by the director. Such	46209
warrants may bear the facsimile signature of the director printed	46210
thereon and that of a deputy or other employee of the director	46211
charged with the duty of keeping the account of the unemployment	46212
compensation fund and with the preparation of warrants for the	46213
payment of benefits to the persons entitled thereto. Moneys in the	46214
clearing and benefit accounts shall not be commingled with other	46215
state funds, except as provided in division (C) of this section,	46216
but shall be maintained in separate accounts on the books of the	46217
depositary bank. Such money shall be secured by the depositary	46218
bank to the same extent and in the same manner as required by	46219
sections 135.01 to 135.21 of the Revised Code; and collateral	46220
pledged for this purpose shall be kept separate and distinct from	46221
any collateral pledged to secure other funds of this state. All	46222
sums recovered for losses sustained by the unemployment	46223
compensation fund shall be deposited therein. The treasurer of	46224
state shall be liable on the treasurer's official bond for the	46225
faithful performance of the treasurer's duties in connection with	46226
the unemployment compensation fund, such liability to exist in	46227
addition to any liability upon any separate bond.	46228

(C) The treasurer of state shall maintain within the	46229
unemployment compensation fund three separate accounts which shall	46230
be a clearing account, an unemployment trust fund account, and a	46231
benefit account. All moneys payable to the unemployment	46232
compensation fund, upon receipt thereof by the director, shall be	46233
forwarded to the treasurer of state, who shall immediately deposit	46234
them in the clearing account. Refunds of contributions, or	46235
payments in lieu of contributions, payable pursuant to division	46236
(E) of this section may be paid from the clearing account upon	46237
warrants signed by a deputy or other employee of the director	46238
charged with the duty of keeping the record of the clearing	46239
account and with the preparation of warrants for the payment of	46240
refunds to persons entitled thereto. After clearance thereof, all	46241
moneys in the clearing account shall be deposited with the	46242
secretary of the treasury of the United States to the credit of	46243
the account of this state in the unemployment trust fund	46244
established and maintained pursuant to section 904 of the "Social	46245
Security Act," in accordance with requirements of the "Federal	46246
Unemployment Tax Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301,	46247
3304(a)(3), any law in this state relating to the deposit,	46248
administration, release, or disbursement of moneys in the	46249
possession or custody of this state to the contrary	46250
notwithstanding. The benefit account shall consist of all moneys	46251
requisitioned from this state's account in the unemployment trust	46252
fund. Federal funds, other than funds received by the director	46253
under divisions (I) and (J) of this section, received for payment	46254
of federal benefits may be deposited into the benefit account	46255
solely for payment of benefits under a federal program	46256
administered by this state. Moneys so requisitioned shall be used	46257
solely for the payment of benefits and for no other purpose.	46258
Moneys in the clearing and benefit accounts may be deposited by	46259
the treasurer of state, under the direction of the director, in	46260
any bank or public depositary in which general funds of the state	46261
may be deposited, but no public deposit insurance charge or	46262
premium shall be paid out of the fund.	46263

(D) Moneys shall be requisitioned from this state's account	46264
in the unemployment trust fund solely for the payment of benefits	46265
and in accordance with regulations prescribed by the director. The	46266
director shall requisition from the unemployment trust fund such	46267
amounts, not exceeding the amount standing to this state's account	46268
therein, as are deemed necessary for the payment of benefits for a	46269
reasonable future period. Upon receipt thereof, the treasurer of	46270
state shall deposit such moneys in the benefit account.	46271
Expenditures of such money in the benefit account and refunds from	46272
the clearing account shall not require specific appropriations or	46273
other formal release by state officers of money in their custody.	46274
Any balance of moneys requisitioned from the unemployment trust	46275
fund which remains unclaimed or unpaid in the benefit account	46276
after the expiration of the period for which such sums were	46277
requisitioned shall either be deducted from estimates for and may	46278
be utilized for the payment of benefits during succeeding periods,	46279
or, in the discretion of the director, shall be redeposited with	46280
the secretary of the treasury of the United States to the credit	46281
of this state's account in the unemployment trust fund, as	46282
provided in division (C) of this section. Unclaimed or unpaid	46283
federal funds redeposited with the secretary of the treasury of	46284
the United States shall be credited to the appropriate federal	46285
account.	46286

(E) No claim for an adjustment or a refund on contribution,	46287
payment in lieu of contributions, interest, or forfeiture alleged	46288
to have been erroneously or illegally assessed or collected, or	46289
alleged to have been collected without authority, and no claim for	46290
an adjustment or a refund of any sum alleged to have been	46291
excessive or in any manner wrongfully collected shall be allowed	46292
unless an application, in writing, therefor is made within four	46293
years from the date on which such payment was made. If the	46294
director ~~determins~~determines that such contribution, payment in	46295
lieu of contributions, ~~intrest~~interest, or forfeiture, or any	46296
portion ~~tereof~~thereof, was erroneously collected, the director	46297
shall allow such employer to make an adjustment thereof without	46298
interest in connection with subsequent contribution payments, or	46299
payments in lieu of contributions, by the employer, or the	46300
director may refund said amount, without interest, from the	46301
clearing account of the unemployment compensation fund, except as	46302
provided in division (B) of section 4141.11 of the Revised Code.	46303
For like cause and within the same period, adjustment or refund	46304
may be so made on the director's own initiative. An overpayment of	46305
contribution, payment in lieu of contributions, interest, or	46306
forfeiture for which an employer has not made application for	46307
refund prior to the date of sale of the employer's business shall	46308
accrue to the employer's successor in interest.	46309

An application for an adjustment or a refund, or any portion	46310
thereof, that is rejected is binding upon the employer unless,	46311
within thirty days after the mailing of a written notice of	46312
rejection to the employer's last known address, or, in the absence	46313
of mailing of such notice, within thirty days after the delivery	46314
of such notice, the employer files an application for a review and	46315
redetermination setting forth the reasons therefor. The director	46316
shall promptly examine the application for review and	46317
redetermination, and if a review is granted, the employer shall be	46318
promptly notified thereof, and shall be granted an opportunity for	46319
a prompt hearing.	46320

(F) If the director finds that contributions have been paid	46321
to the director in error, and that such contributions should have	46322
been paid to a department of another state or of the United States	46323
charged with the administration of an unemployment compensation	46324
law, the director may upon request by such department or upon the	46325
director's own initiative transfer to such department the amount	46326
of such contributions, less any benefits paid to claimants whose	46327
wages were the basis for such contributions. The director may	46328
request and receive from such department any contributions or	46329
adjusted contributions paid in error to such department which	46330
should have been paid to the director.	46331

(G) In accordance with section 303(c)(3) of the Social	46332
Security Act, and section 3304(a)(17) of the Internal Revenue Code	46333
of 1954 for continuing certification of Ohio unemployment	46334
compensation laws for administrative grants and for tax credits,	46335
any interest required to be paid on advances under Title XII of	46336
the Social Security Act shall be paid in a timely manner and shall	46337
not be paid, directly or indirectly, by an equivalent reduction in	46338
the Ohio unemployment taxes or otherwise, by the state from	46339
amounts in the unemployment compensation fund.	46340

(H) The treasurer of state, under the direction of the	46341
director and in accordance with the "Cash Management Improvement	46342
Act of 1990," 104 Stat. 1061, 31 U.S.C.A. 335, 6503, shall deposit	46343
amounts of interest earned by the state on funds in the benefit	46344
account established pursuant to division (C) of this section into	46345
the department of job and family services banking fees fund, which	46346
is hereby created in the state treasury for the purpose of paying	46347
related banking costs incurred by the state for the period for	46348
which the interest is calculated, except that if the deposited	46349
interest exceeds the banking costs incurred by the state for the	46350
period for which the interest is calculated, the treasurer of	46351
state shall deposit the excess interest into the unemployment	46352
trust fund.	46353

(I) The treasurer of state, under the direction of the	46354
director, shall deposit federal funds received by the director for	46355
the payment of benefits, job search, relocation, transportation,	46356
and subsistence allowances pursuant to the "Trade Act of 1974," 88	46357
Stat. 1978, 19 U.S.C.A. 2101, as amended,; the "North American	46358
Free Trade Implementation Act of 1993," 107 Stat. 2057, 19	46359
U.S.C.A. 3301, as amended; and the "Trade Act of 2002," 116 Stat.	46360
993, 19 U.S.C.A. 3801, as amended, into the Trade Act benefit	46361
account, which is hereby created for the purpose of ~~paying for~~	46362
~~benefits, training, and support services~~making payments specified	46363
under ~~that act~~those acts.	46364

(J) The treasurer of state, under the direction of the	46365
director, shall deposit federal funds received by the director for	46366
training and administration pursuant to the "Trade Act of 1974,"	46367
88 Stat. 1978, 19 U.S.C.A. 2101, as amended; the "North American	46368
Free Trade Agreement Implementation Act," 107 Stat. 2057 (1993),	46369
19 U.S.C.A. 3301, as amended; and the "Trade Act of 2002," 116	46370
Stat. 993, 19 U.S.C.A. 3801, as amended, into the ~~North American~~	46371
~~Free~~ Trade Act training and administration account, which is	46372
hereby created for the purpose of ~~paying for benefits, training,~~	46373
~~and support services~~making payments specified under ~~that act~~	46374
those acts.	46375

Sec. 4141.23. (A) Contributions shall accrue and become	46376
payable by each employer for each calendar year or other period as	46377
prescribed by this chapter. Such contributions become due and	46378
shall be paid by each employer to the director of job and family	46379
services for the unemployment compensation fund in accordance with	46380
such regulations as the director prescribes, and shall not be	46381
deducted, in whole or in part, from the remuneration of	46382
individuals in the employer's employ.	46383

In the payment of any contributions, a fractional part of a	46384
dollar may be disregarded unless it amounts to fifty cents or	46385
more, in which case it may be increased to the next higher dollar.	46386

(B)(1) Any contribution or payment in lieu of contribution,	46387
due from an employer on or before December 31, 1992, shall, if not	46388
paid when due, bear interest at the rate of ten per cent per	46389
annum. In such computation any fraction of a month shall be	46390
considered as a full month.	46391

(2) Any contribution, payment in lieu of contribution,	46392
interest, forfeiture, or fine due from an employer on or after	46393
January 1, 1993, shall, if not paid when due, bear interest at the	46394
annual rate of fourteen per cent compounded monthly on the	46395
aggregate receivable balance due. In such computation any fraction	46396
of a month shall be considered as a full month.	46397

(C) The director may waive the interest assessed under	46398
division (B)(2) of this section if the employer meets all of the	46399
following conditions within thirty days after the date the	46400
director mails or delivers the notice of assessment of interest:	46401

(1) Provides to the director a written request for a waiver	46402
of interest clearly demonstrating that the employer's failure to	46403
timely pay contributions, payments in lieu of contributions,	46404
interest, forfeiture, and fines was a result of circumstances	46405
beyond the control of the employer or the employer's agent, except	46406
that negligence on the part of the employer or the employer's	46407
agent shall not be considered beyond the control of the employer	46408
or the employer's agent;	46409

(2) Furnishes to the director all quarterly reports required	46410
under section 4141.20 of the Revised Code;	46411

(3) Pays in full all contributions, payments in lieu of	46412
contributions, interest, forfeiture, and fines for each quarter	46413
for which such payments are due.	46414

The director shall deny an employer's request for a waiver of	46415
interest after finding that the employer's failure to timely	46416
furnish reports or make payments as required under this chapter	46417
was due to an attempt to evade payment.	46418

(D) Any contribution, interest, forfeiture, or fine required	46419
to be paid under this chapter by any employer shall, if not paid	46420
when due, become a lien upon the real and personal property of	46421
such employer. Upon failure of such employer to pay the	46422
contributions, interest, forfeiture, or fine required to be paid	46423
under this chapter, the director shall file notice of such lien,	46424
for which there shall be no charge, in the office of the county	46425
recorder of the county in which it is ascertained that such	46426
employer owns real estate or personal property. The director shall	46427
notify the employer by mail of the lien. The absence of proof that	46428
the notice was sent does not affect the validity of the lien. Such	46429
lien shall not be valid as against the claim of any mortgagee,	46430
pledgee, purchaser, judgment creditor, or other lienholder of	46431
record at the time such notice is filed.	46432

If the employer acquires real or personal property after	46433
notice of lien is filed, such lien shall not be valid as against	46434
the claim of any mortgagee, pledgee, subsequent bona fide	46435
purchaser for value, judgment creditor, or other lienholder of	46436
record to such after-acquired property, unless the notice of lien	46437
is refiled after such property was acquired by the employer and	46438
before the competing lien attached to such after-acquired property	46439
or before the conveyance to such subsequent bona fide purchaser	46440
for value.	46441

Such notice shall be recorded in a book kept by the recorder	46442
called the "unemployment compensation lien record" and indexed	46443
therein in an alphabetical index under the name of such employer.	46444
When such unpaid contributions, interest, forfeiture, or fines	46445
have been paid, the employer may record with the recorder of the	46446
county in which such notice of lien has been filed and recorded,	46447
notice of such payment. For recording ~~such~~the notice of payment	46448
the recorder shall charge and receive from the employer a base fee	46449
of two dollars for services and a housing trust fund fee of two	46450
dollars pursuant to section 317.36 of the Revised Code.	46451

(E) Notwithstanding other provisions in this section, the	46452
director may reduce, in whole or in part, the amount of interest,	46453
forfeiture, or fines required to be paid under this chapter if the	46454
director determines that the reduction is in the best interest of	46455
the unemployment compensation fund.	46456

(F) Assessment of contributions shall not be made after four	46457
years from the date on which such contributions became payable,	46458
and no action in court for the collection of contributions without	46459
assessment of such contributions shall be begun after the	46460
expiration of five years from the date such contributions became	46461
payable. In case of a false or fraudulent report or of a willful	46462
attempt in any manner to evade contributions, such contributions	46463
may be assessed or a proceeding in court for the collection of	46464
such contributions may be begun without assessment at any time.	46465
When the assessment of contributions has been made within such	46466
four-year period provided, action in court to collect such	46467
contributions may be begun within, but not later than, six years	46468
after such assessment.	46469

(G) In the event of a distribution of an employer's assets,	46470
pursuant to an order of any court under the law of this state,	46471
including any receivership, assignment for benefit of creditors,	46472
adjudicated insolvency, or similar proceedings, contributions,	46473
interest, forfeiture, or fine then or thereafter due have the same	46474
priority as provided by law for the payment of taxes due the state	46475
and shall be paid out of the trust fund in the same manner as	46476
provided for other claims for unpaid taxes due the state.	46477

(H) If the attorney general finds after investigation that	46478
any claim for delinquent contributions, interest, forfeitures, or	46479
fines owing to the director is uncollectible, in whole or in part,	46480
the attorney general shall recommend to the director the	46481
cancellation of such claim or any part thereof. The director may	46482
thereupon effect such cancellation.	46483

Sec. 4301.03. The liquor control commission may adopt and	46484
promulgate, repeal, rescind, and amend, in the manner required by	46485
this section, rules, standards, requirements, and orders necessary	46486
to carry out this chapter and Chapter 4303. of the Revised Code,	46487
but all rules of the board of liquor control ~~which~~that were in	46488
effect immediately prior to April 17, 1963, shall remain in full	46489
force and effect as rules of the liquor control commission until	46490
and unless amended or repealed by the liquor control commission.	46491
The rules of the commission may include the following:	46492

(A) Rules with reference to applications for and the issuance	46493
of permits for the manufacture, distribution, transportation, and	46494
sale of beer and intoxicating liquor, and the sale of alcohol; and	46495
rules governing the procedure of the division of liquor control in	46496
the suspension, revocation, and cancellation of those permits;	46497

(B) Rules and orders providing in detail for the conduct of	46498
any retail business authorized under permits issued pursuant to	46499
this chapter and Chapter 4303. of the Revised Code, with a view to	46500
ensuring compliance with those chapters and laws relative to them,	46501
and the maintenance of public decency, sobriety, and good order in	46502
any place licensed under the permits. No rule or order shall	46503
prohibit the sale of lottery tickets issued pursuant to Chapter	46504
3770. of the Revised Code by any retail business authorized under	46505
permits issued pursuant to that chapter.	46506

No rule or order shall prohibit pari-mutuel wagering on	46507
simulcast horse races at a satellite facility that has been issued	46508
a D liquor permit under Chapter 4303. of the Revised Code. No rule	46509
or order shall prohibit a charitable organization that holds a D-4	46510
permit from selling or serving beer or intoxicating liquor under	46511
its permit in a portion of its premises merely because that	46512
portion of its premises is used at other times for the conduct of	46513
a ~~charitable~~ bingo game, as described in division (S) of section	46514
2915.01 of the Revised Code. However, such an organization shall	46515
not sell or serve beer or intoxicating liquor or permit beer or	46516
intoxicating liquor to be consumed or seen in the same location in	46517
its premises where a ~~charitable~~ bingo game, as described in	46518
division (S)(1) of section 2915.01 of the Revised Code, is being	46519
conducted while the game is being conducted. As used in this	46520
division, "charitable organization" has the same meaning as in	46521
division (H) of section 2915.01 of the Revised Code~~, and~~	46522
~~"charitable bingo game" has the same meaning as in division (R) of~~	46523
~~that section~~. No rule or order pertaining to visibility into the	46524
premises of a permit holder after the legal hours of sale shall be	46525
adopted or maintained by the commission.	46526

(C) Standards, not in conflict with those prescribed by any	46527
law of this state or the United States, to secure the use of	46528
proper ingredients and methods in the manufacture of beer, mixed	46529
beverages, and wine to be sold within this state;	46530

(D) Rules determining the nature, form, and capacity of all	46531
packages and bottles to be used for containing beer or	46532
intoxicating liquor, except for spirituous liquor to be kept or	46533
sold, governing the form of all seals and labels to be used on	46534
those packages and bottles, and requiring the label on every	46535
package, bottle, and container to state the ingredients in the	46536
contents and, except on beer, the terms of weight, volume, or	46537
proof spirits, and whether the same is beer, wine, alcohol, or any	46538
intoxicating liquor except for spirituous liquor;	46539

(E) Uniform rules governing all advertising with reference to	46540
the sale of beer and intoxicating liquor throughout the state and	46541
advertising upon and in the premises licensed for the sale of beer	46542
or intoxicating liquor;	46543

(F) Rules restricting and placing conditions upon the	46544
transfer of permits;	46545

(G) Rules and orders limiting the number of permits of any	46546
class within the state or within any political subdivision of the	46547
state; and, for that purpose, adopting reasonable classifications	46548
of persons or establishments to which any authorized class of	46549
permits may be issued within any political subdivision;	46550

(H) Rules and orders with reference to sales of beer and	46551
intoxicating liquor on Sundays and holidays and with reference to	46552
the hours of the day during which and the persons to whom	46553
intoxicating liquor of any class may be sold, and rules with	46554
reference to the manner of sale;	46555

(I) Rules requiring permit holders buying beer to pay and	46556
permit holders selling beer to collect minimum cash deposits for	46557
kegs, cases, bottles, or other returnable containers of the beer;	46558
requiring the repayment, or credit, of the minimum cash deposit	46559
charges upon the return of the empty containers; and requiring the	46560
posting of such form of indemnity or such other conditions with	46561
respect to the charging, collection, and repayment of minimum cash	46562
deposit charges for returnable containers of beer as are necessary	46563
to ensure the return of the empty containers or the repayment upon	46564
that return of the minimum cash deposits paid;	46565

(J) Rules establishing the method by which alcohol products	46566
may be imported for sale by wholesale distributors and the method	46567
by which manufacturers and suppliers may sell alcohol products to	46568
wholesale distributors.	46569

Every rule, standard, requirement, or order of the commission	46570
and every repeal, amendment, or rescission of them shall be posted	46571
for public inspection in the principal office of the commission	46572
and the principal office of the division of liquor control, and a	46573
certified copy of them shall be filed in the office of the	46574
secretary of state. An order applying only to persons named in it	46575
shall be served on the persons affected by personal delivery of a	46576
certified copy, or by mailing a certified copy to each person	46577
affected by it or, in the case of a corporation, to any officer or	46578
agent of the corporation upon whom a service of summons may be	46579
served in a civil action. The posting and filing required by this	46580
section constitutes sufficient notice to all persons affected by	46581
such rule or order which is not required to be served. General	46582
rules of the commission promulgated pursuant to this section shall	46583
be published in the manner the commission determines.	46584

Sec. 4301.19. The division of liquor control shall sell	46585
spirituous liquor only, whether from a warehouse or from a state	46586
liquor store. All sales shall be in sealed containers and for	46587
resale as authorized by ~~Chapters 4301.~~this chapter and Chapter	46588
4303. of the Revised Code or for consumption off the premises	46589
only. Except as otherwise provided in this section, sale of	46590
containers holding one-half pint or less of spirituous liquor by	46591
the division shall be made at retail only, and not for the purpose	46592
of resale by any purchaser, by special order placed with a state	46593
retail liquor store and subject to rules established by the	46594
superintendent of liquor control. The division ~~shall~~may sell at	46595
wholesale spirituous liquor in fifty milliliter sealed containers	46596
to ~~hotels that sell spirituous liquor by means of a controlled~~	46597
~~access alcohol and beverage cabinet in accordance with division~~	46598
~~(B) of section 4301.21~~any holder of a permit issued under Chapter	46599
4303. of the Revised Code~~, but only for purposes of resale by the~~	46600
~~hotel in sealed containers by means of a controlled access alcohol~~	46601
~~and beverage cabinet~~that authorizes the sale of spirituous liquor	46602
for consumption on the premises where sold. A person appointed by	46603
the division to act as an agent for the sale of spirituous liquor	46604
pursuant to section 4301.17 of the Revised Code may provide and	46605
accept gift certificates and may accept credit cards and debit	46606
cards for the retail purchase of spirituous liquor. Deliveries	46607
shall be made in ~~such~~the manner as the superintendent determines	46608
by rule.	46609

If any ~~persons desire~~person desires to purchase any variety	46610
or brand of spirituous liquor which is not in stock at the state	46611
liquor store where the ~~same~~variety or brand is ordered, the	46612
division shall immediately procure the ~~same~~variety or brand after	46613
a reasonable deposit is made by the purchaser in such proportion	46614
of the approximate cost of the order as is prescribed by the rules	46615
of the superintendent. The purchaser shall be immediately notified	46616
upon the arrival of the spirituous liquor at the store at which it	46617
was ordered. Unless ~~such~~the purchaser pays for the ~~same~~variety	46618
or brand and accepts delivery within five days after the giving of	46619
~~such~~the notice, the division may place ~~such~~the spirituous liquor	46620
in stock for general sale, and the deposit of the purchaser shall	46621
be forfeited.	46622

Sec. 4301.30. All fees collected by the division of liquor	46623
control shall be deposited in the state treasury to the credit of	46624
the undivided liquor permit fund, which is hereby created, at the	46625
time prescribed under section 4301.12 of the Revised Code. Each	46626
payment shall be accompanied by a statement showing separately the	46627
amount collected for each class of permits in each municipal	46628
corporation and in each township outside the limits of any	46629
municipal corporation in such township. An amount equal to ~~fifty~~	46630
~~dollars for each fee received for a D-2 permit, which is not~~	46631
~~placed in operation immediately upon a D-3 permit premises, and~~	46632
~~twenty-five dollars for each fee received for a C-2 permit,~~	46633
forty-five per cent of the fund shall be paid from the ~~undivided~~	46634
~~liquor permit~~ fund into the general revenue fund.	46635

~~Prior to the fees received for a D-2 permit, which is not in~~	46636
~~operation immediately upon a D-3 permit premises, and a C-2 permit~~	46637
~~being paid into the general revenue fund, an amount equal to~~	46638
~~twenty-one~~Twenty per cent of the undivided liquor permit fund	46639
shall be paid into the statewide treatment and prevention fund,	46640
which is hereby created in the state treasury. This amount shall	46641
be appropriated by the general assembly, together with an amount	46642
equal to one and one-half per cent of the gross profit of the	46643
~~department~~division of liquor control derived under division	46644
(B)(4) of section 4301.10 of the Revised Code, to the department	46645
of alcohol and drug addiction services. In planning for the	46646
allocation of and in allocating these amounts for the purposes of	46647
Chapter 3793. of the Revised Code, the department of alcohol and	46648
drug addiction services shall comply with the nondiscrimination	46649
provisions of Title VI of the Civil Rights Act of 1964, and any	46650
rules adopted ~~thereunder~~under that act.	46651

~~The moneys remaining in~~Thirty-five per cent of the undivided	46652
liquor permit fund shall be distributed by the superintendent of	46653
liquor control at quarterly calendar periods as follows:	46654

(A) To each municipal corporation, the aggregate amount shown	46655
by the statements to have been collected from permits ~~therein~~in	46656
the municipal corporation, for the use of the general fund of the	46657
municipal corporation;	46658

(B) To each township, the aggregate amount shown by the	46659
statements to have been collected from permits in its territory,	46660
outside the limits of any municipal corporation located ~~therein~~in	46661
the township, for the use of the general fund of the township, or	46662
for fire protection purposes, including buildings and equipment in	46663
the township or in an established fire district within the	46664
township, to the extent that the funds are derived from liquor	46665
permits within the territory comprising such fire district.	46666

For the purpose of the distribution required by this section,	46667
E, H, and D permits covering boats or vessels are deemed to have	46668
been issued in the municipal corporation or township wherein the	46669
owner or operator of the vehicle, boat, vessel, or dining car	46670
equipment to which the permit relates has the owner's or	46671
operator's principal office or place of business within the state.	46672

Such distributions are subject to diminutions for refunds as	46673
prescribed in section 4301.41 of the Revised Code. If the liquor	46674
control commission is of the opinion that the police or other	46675
officers of any municipal corporation or township entitled to	46676
share in such a distribution are refusing or culpably neglecting	46677
to enforce this chapter and Chapter 4303. of the Revised Code, or	46678
the penal laws of this state relating to the manufacture,	46679
importation, transportation, distribution, and sale of beer and	46680
intoxicating liquors, or if the prosecuting officer of a municipal	46681
corporation or ~~the~~a municipal court ~~thereof~~ fails to comply with	46682
the request of the commission authorized by division (A)(4) of	46683
section 4301.10 of the Revised Code, the commission by certified	46684
mail may notify the chief executive officer of the municipal	46685
corporation or the board of township trustees of the township of	46686
~~such~~the failure and require the immediate cooperation of the	46687
responsible officers of the municipal corporation or township with	46688
the division of liquor control in the enforcement of ~~such~~those	46689
chapters and ~~such~~ penal laws. Within thirty days after the notice	46690
is served, the commission shall determine whether ~~or not~~ the	46691
requirement has been complied with. If the commission determines	46692
that the requirement has not been complied with, it may issue an	46693
order to the superintendent to withhold the distributive share of	46694
the municipal corporation or township until further order of the	46695
commission. This action of the commission is reviewable within	46696
thirty days thereafter in the court of common pleas of Franklin	46697
county.	46698

Sec. 4301.361. (A) If a majority of the electors voting on	46699
questions set forth in section 4301.351 of the Revised Code in a	46700
precinct vote "yes" on question (B)(1) or (C)(1), or, if both	46701
questions (B)(1) and (B)(2), or questions (C)(1) and (C)(2), are	46702
submitted, "yes" on both questions or "yes" on question (B)(1) or	46703
(C)(1) but "no" on question (B)(2) or (C)(2), sales of	46704
intoxicating liquor shall be allowed in the manner and under the	46705
conditions specified in question (B)(1) or (C)(1), under a D-6	46706
permit, within the precinct concerned, during the period the	46707
election is in effect as defined in section 4301.37 of the Revised	46708
Code.	46709

(B) If only question (B)(2) or (C)(2) is submitted to the	46710
voters or if questions (B)(2) and (B)(3) or (C)(2) and (C)(3) are	46711
submitted and a majority of the electors voting in a precinct vote	46712
"yes" on question (B)(2) or (C)(2) as set forth in section	46713
4301.351 of the Revised Code, sales of intoxicating liquor shall	46714
be allowed in the manner and under the conditions specified in	46715
question (B)(2) or (C)(2), under a D-6 permit, within the precinct	46716
concerned, during the period the election is in effect as defined	46717
in section 4301.37 of the Revised Code, even if question (B)(1) or	46718
(C)(1) was also submitted and a majority of the electors voting in	46719
the precinct voted "no."	46720

(C) If question (B)(3) or (C)(3) is submitted and a majority	46721
of electors voting on question (B)(3) or (C)(3) as set forth in	46722
section 4301.351 of the Revised Code in a precinct vote "yes,"	46723
sales of wine and mixed beverages shall be allowed in the manner	46724
and under the conditions specified in question (B)(3) or (C)(3),	46725
under a D-6 permit, within the precinct concerned, during the	46726
period the election is in effect as defined in section 4301.37 of	46727
the Revised Code.	46728

(D) If questions (B)(1), (B)(2), and (B)(3), or questions	46729
(C)(1), (C)(2), and (C)(3), as set forth in section 4301.351 of	46730
the Revised Code, are all submitted and a majority of the electors	46731
voting in such precinct vote "no" on all three questions, no sales	46732
of intoxicating liquor shall be made within the precinct concerned	46733
after two-thirty a.m. on Sunday as specified in the questions	46734
submitted, during the period the election is in effect as defined	46735
in section 4301.37 of the Revised Code.	46736

(E) If question (C)(1) as set forth in section 4301.351 of	46737
the Revised Code is submitted to the voters in a precinct in which	46738
question (B)(1) as set forth in that section previously was	46739
submitted and approved, and the results of the election on	46740
question (B)(1) are still in effect in the precinct; or if	46741
question (C)(2) as set forth in that section is submitted to the	46742
voters in a precinct in which question (B)(2) as set forth in that	46743
section previously was submitted and approved, and the results of	46744
the election on question (B)(2) are still in effect in the	46745
precinct; or if question (C)(3) as set forth in that section is	46746
submitted to the voters in a precinct in which question (B)(3) as	46747
set forth in that section previously was submitted and approved,	46748
and the results of the election on question (B)(3) are still in	46749
effect in the precinct; and if a majority of the electors voting	46750
on question (C)(1), (C)(2), or (C)(3) vote "no," then sales shall	46751
continue to be allowed in the precinct in the manner and under the	46752
conditions specified in the previously approved question (B)(1),	46753
(B)(2), or (B)(3), as applicable.	46754

(F) If question (B)(4) as set forth in section 4301.351 of	46755
the Revised Code is submitted and a majority of the electors	46756
voting in the precinct vote "yes," sales of intoxicating liquor	46757
shall be allowed at outdoor performing arts centers in the manner	46758
and under the conditions specified in question (B)(4) under a D-6	46759
permit, within the precinct concerned, during the period the	46760
election is in effect as defined in section 4301.37 of the Revised	46761
Code. If question (B)(4) as set forth in section 4301.351 of the	46762
Revised Code is submitted and a majority of the electors voting in	46763
the precinct vote "no," no sales of intoxicating liquor shall be	46764
allowed at outdoor performing arts centers in the precinct	46765
concerned under a D-6 permit, after 2:30 a.m. on Sunday, during	46766
the period the election is in effect as defined in section 4301.37	46767
of the Revised Code.	46768

Sec. 4301.364. (A) If a majority of the electors in a	46769
precinct vote "yes" on question (B)(1) or (C)(1) as set forth in	46770
section 4301.354 of the Revised Code, the sale of intoxicating	46771
liquor, of the same types as may be legally sold in the precinct	46772
on other days of the week, shall be permitted in the portion of	46773
the precinct affected by the results of the election in the manner	46774
and under the conditions specified in the question, subject only	46775
to ~~Chapters 4301.~~this chapter and Chapter 4303. of the Revised	46776
Code.	46777

(B) If a majority of the electors in a precinct vote "yes" on	46778
question (B)(2) or (C)(2) as set forth in section 4301.354 of the	46779
Revised Code, the sale of intoxicating liquor, of the same types	46780
as may be legally sold in the precinct on other days of the week,	46781
shall be permitted in the portion of the precinct affected by the	46782
results of the election in the manner and under the conditions	46783
specified in the question, subject only to ~~Chapters 4301.~~this	46784
chapter and Chapter 4303. of the Revised Code.	46785

(C) If a majority of the electors in a precinct vote "yes" on	46786
question (B)(3) or (C)(3) as set forth in section 4301.354 of the	46787
Revised Code, the sale of wine and mixed beverages shall be	46788
permitted in the portion of the precinct affected by the results	46789
of the election in the manner and under the conditions specified	46790
in the question, subject only to ~~Chapters 4301.~~this chapter and	46791
Chapter 4303. of the Revised Code.	46792

(D) If a majority of the electors in a precinct vote "no" on	46793
question (B)(1) or (C)(1) as set forth in section 4301.354 of the	46794
Revised Code, no sale of intoxicating liquor shall be permitted in	46795
the manner and under the conditions specified in the question in	46796
the portion of the precinct affected by the results of the	46797
election.	46798

(E) If a majority of the electors in a precinct vote "no" on	46799
question (B)(2) or (C)(2) as set forth in section 4301.354 of the	46800
Revised Code, no sale of intoxicating liquor shall be permitted in	46801
the manner and under the conditions specified in the question in	46802
the portion of the precinct affected by the results of the	46803
election.	46804

(F) If a majority of the electors in a precinct vote "no" on	46805
question (B)(3) or (C)(3) as set forth in section 4301.354 of the	46806
Revised Code, no sale of wine or mixed beverages shall be	46807
permitted in the manner and under the conditions specified in the	46808
question in the portion of the precinct affected by the results of	46809
the election.	46810

(G) If question (C)(1) as set forth in section 4301.354 of	46811
the Revised Code is submitted to the voters in a precinct in which	46812
question (B)(1) as set forth in that section previously was	46813
submitted and approved, and the results of the election on	46814
question (B)(1) are still in effect in the precinct; or if	46815
question (C)(2) as set forth in that section is submitted to the	46816
voters in a precinct in which question (B)(2) as set forth in that	46817
section previously was submitted and approved, and the results of	46818
the election on question (B)(2) are still in effect in the	46819
precinct; or if question (C)(3) as set forth in that section is	46820
submitted to the voters in a precinct in which question (B)(3) as	46821
set forth in that section previously was submitted and approved,	46822
and the results of the election on question (B)(3) are still in	46823
effect in the precinct; and if a majority of the electors voting	46824
on question (C)(1), (C)(2), or (C)(3) vote "no," then sales shall	46825
continue to be allowed in the precinct in the manner and under the	46826
conditions specified in the previously approved question (B)(1),	46827
(B)(2), or (B)(3), as applicable.	46828

Sec. 4301.43. (A) As used in sections 4301.43 to 4301.50 of	46829
the Revised Code:	46830

(1) "Gallon" or "wine gallon" means one hundred twenty-eight	46831
fluid ounces.	46832

(2) "Sale" or "sell" includes exchange, barter, gift,	46833
distribution, and, except with respect to A-4 permit holders,	46834
offer for sale.	46835

(B) For the purposes of providing revenues for the support of	46836
the state and encouraging the grape industries in the state, a tax	46837
is hereby levied on the sale or distribution of wine in Ohio,	46838
except for known sacramental purposes, at the rate of thirty cents	46839
per wine gallon for wine containing not less than four per cent of	46840
alcohol by volume and not more than fourteen per cent of alcohol	46841
by volume, ninety-eight cents per wine gallon for wine containing	46842
more than fourteen per cent but not more than twenty-one per cent	46843
of alcohol by volume, one dollar and eight cents per wine gallon	46844
for vermouth, and one dollar and forty-eight cents per wine gallon	46845
for sparkling and carbonated wine and champagne, the tax to be	46846
paid by the holders of A-2 and B-5 permits or by any other person	46847
selling or distributing wine upon which no tax has been paid. From	46848
the tax paid under this section on wine, vermouth, and sparkling	46849
and carbonated wine and champagne, the treasurer of state shall	46850
credit to the Ohio grape industries fund created under section	46851
924.54 of the Revised Code a sum equal to one cent per gallon for	46852
each gallon upon which the tax is paid.	46853

(C) For the purpose of providing revenues for the support of	46854
the state, there is hereby levied a tax on prepared and bottled	46855
highballs, cocktails, cordials, and other mixed beverages at the	46856
rate of one dollar and twenty cents per wine gallon to be paid by	46857
holders of A-4 permits or by any other person selling or	46858
distributing those products upon which no tax has been paid. Only	46859
one sale of the same article shall be used in computing the amount	46860
of tax due. The tax on mixed beverages to be paid by holders of	46861
A-4 permits under this section shall not attach until the	46862
ownership of the mixed beverage is transferred for valuable	46863
consideration to a wholesaler or retailer, and no payment of the	46864
tax shall be required prior to that time.	46865

(D) During the period of July 1, ~~2001~~2003, through June 30,	46866
~~2003~~2005, from the tax paid under this section on wine, vermouth,	46867
and sparkling and carbonated wine and champagne, the treasurer of	46868
state shall credit to the Ohio grape industries fund created under	46869
section 924.54 of the Revised Code a sum equal to two cents per	46870
gallon upon which the tax is paid. The amount credited under this	46871
division is in addition to the amount credited to the Ohio grape	46872
industries fund under division (B) of this section.	46873

(E) For the purpose of providing revenues for the support of	46874
the state, there is hereby levied a tax on cider at the rate of	46875
twenty-four cents per wine gallon to be paid by the holders of A-2	46876
and B-5 permits or by any other person selling or distributing	46877
cider upon which no tax has been paid. Only one sale of the same	46878
article shall be used in computing the amount of the tax due.	46879

Sec. 4303.02. Permit A-1 may be issued to a manufacturer to	46880
manufacture beer and sell beer products in bottles or containers	46881
for home use and to retail and wholesale permit holders under	46882
rules promulgated by the division of liquor control. The fee for	46883
this permit is three thousand ~~one~~nine hundred ~~twenty-five~~six	46884
dollars for each plant during the year covered by the permit.	46885

Sec. 4303.021. Permit A-1-A may be issued to the holder of	46886
an A-1 or A-2 permit to sell beer and any intoxicating liquor at	46887
retail, only by the individual drink in glass or from a container,	46888
provided such A-1-A permit premises are situated on the same	46889
parcel or tract of land as the related A-1 or A-2 manufacturing	46890
permit premises or are separated therefrom only by public streets	46891
or highways or by other lands owned by the holder of the A-1 or	46892
A-2 permit and used by the holder in connection with or in	46893
promotion of the holder's A-1 or A-2 permit business. The fee for	46894
this permit is three thousand ~~one~~nine hundred ~~twenty-five~~six	46895
dollars. The holder of an A-1-A permit may sell beer and any	46896
intoxicating liquor during the same hours as the holders of D-5	46897
permits under this chapter or Chapter 4301. of the Revised Code or	46898
the rules of the liquor control commission and shall obtain a	46899
license as a retail food establishment or a food service operation	46900
pursuant to Chapter 3717. of the Revised Code and operate as a	46901
restaurant for purposes of this chapter.	46902

Except as otherwise provided in this section, no new A-1-A	46903
permit shall be issued to the holder of an A-1 or A-2 permit	46904
unless the sale of beer and intoxicating liquor under class D	46905
permits is permitted in the precinct in which the A-1 or A-2	46906
permit is located and, in the case of an A-2 permit, unless the	46907
holder of the A-2 permit manufactures or has a storage capacity of	46908
at least twenty-five thousand gallons of wine per year. The	46909
immediately preceding sentence does not prohibit the issuance of	46910
an A-1-A permit to an applicant for such a permit who is the	46911
holder of an A-1 permit and whose application was filed with the	46912
division of liquor control before June 1, 1994. The liquor control	46913
commission shall not restrict the number of A-1-A permits which	46914
may be located within a precinct.	46915

Sec. 4303.03. Permit A-2 may be issued to a manufacturer to	46916
manufacture wine from grapes or other fruits grown in the state,	46917
if obtainable, otherwise to import such fruits after submitting an	46918
affidavit of nonavailability to the division of liquor control; to	46919
import and purchase wine in bond for blending purposes, the total	46920
amount of wine so imported during the year covered by the permit	46921
not to exceed forty per cent of all the wine manufactured and	46922
imported; to manufacture, purchase, and import brandy for	46923
fortifying purposes; and to sell such products either in glass or	46924
container for consumption on the premises where manufactured, for	46925
home use, and to retail and wholesale permit holders under such	46926
rules as are adopted by the division.	46927

The fee for this permit is ~~sixty-three~~one hundred twenty-six	46928
dollars for each plant producing one hundred wine barrels, of	46929
fifty gallons each, or less annually. ~~Such~~This initial fee shall	46930
be increased at the rate of ten cents per such barrel for all wine	46931
manufactured in excess of one hundred barrels during the year	46932
covered by the permit.	46933

Sec. 4303.04. Permit A-3 may be issued to a manufacturer to	46934
manufacture alcohol and spirituous liquor and sell such products	46935
to the division of liquor control or to the holders of a like	46936
permit or to the holders of A-4 permits for blending or	46937
manufacturing purposes; to import alcohol into this state upon	46938
such terms as are prescribed by the division; to sell alcohol to	46939
manufacturers, hospitals, infirmaries, medical or educational	46940
institutions using it for medicinal, mechanical, chemical, or	46941
scientific purposes, and to holders of I permits; to import into	46942
this state spirituous liquor and wine for blending or other	46943
manufacturing purposes; and to export spirituous liquor from this	46944
state for sale outside the state.	46945

The fee for this permit is three thousand ~~one~~nine hundred	46946
~~twenty-five~~six dollars for each plant; but, if a plant's	46947
production capacity is less than five hundred wine barrels of	46948
fifty gallons each, annually, the fee is two dollars per barrel.	46949

Sec. 4303.05. Permit A-4 may be issued to a manufacturer to	46950
manufacture prepared highballs, cocktails, cordials, and other	46951
mixed drinks containing not less than four per cent of alcohol by	46952
volume and not more than twenty-one per cent of alcohol by volume,	46953
and to sell such products to wholesale and retail permit holders	46954
in sealed containers only under such rules as are adopted by the	46955
division of liquor control. The holder of such permit may import	46956
into the state spirituous liquor and wine only for blending or	46957
other manufacturing purposes under such rules as are prescribed by	46958
the division.	46959

The holder of such permit may also purchase spirituous liquor	46960
for manufacturing and blending purposes from the holder of an A-3	46961
permit issued by the division. The formulas and the beverages	46962
manufactured by the holder of an A-4 permit ~~must~~shall be	46963
submitted to the division for its analysis and approval before	46964
~~such~~the beverages may be sold to or distributed in this state by	46965
holders of retail and wholesale permits. All labels and	46966
advertising matter used by the holders of ~~such~~A-4 permits ~~must~~	46967
shall be approved by the division before they may be used in this	46968
state. The fee for ~~this~~an A-4 permit is three thousand ~~one~~nine	46969
hundred ~~twenty-five~~six dollars for each plant.	46970

Sec. 4303.06. Permit B-1 may be issued to a wholesale	46971
distributor of beer to purchase from the holders of A-1 permits	46972
and to import and distribute or sell beer for home use and to	46973
retail permit holders under rules adopted by the division of	46974
liquor control. The fee for this permit is ~~two~~three thousand ~~five~~	46975
one hundred twenty-five dollars for each distributing plant or	46976
warehouse during the year covered by the permit.	46977

Sec. 4303.07. Permit B-2 may be issued to a wholesale	46978
distributor of wine to purchase from holders of A-2 and B-5	46979
permits and distribute or sell such product, in the original	46980
container in which it was placed by the B-5 permit holder or	46981
manufacturer at the place where manufactured, to A-1-A, C-2, D-2,	46982
D-3, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g,	46983
D-5h, D-5i, D-5j, D-5k, and E permit holders, and for home use.	46984
The fee for this permit is ~~two~~five hundred ~~fifty~~ dollars for each	46985
distributing plant or warehouse. The initial fee shall be	46986
increased ten cents per wine barrel of fifty gallons for all wine	46987
distributed and sold in this state in excess of twelve hundred	46988
fifty such barrels during the year covered by the permit.	46989

Sec. 4303.08. Permit B-3 may be issued to a wholesale	46990
distributor of wine to bottle, distribute, or sell sacramental	46991
wine for religious rites upon an application signed, dated, and	46992
approved as required by section 4301.23 of the Revised Code. The	46993
fee for this permit is ~~sixty-two~~one hundred twenty-four dollars.	46994

Sec. 4303.09. Permit B-4 may be issued to a wholesale	46995
distributor to purchase from the holders of A-4 permits and to	46996
import, distribute, and sell prepared and bottled highballs,	46997
cocktails, cordials, and other mixed beverages containing not less	46998
than four per cent of alcohol by volume and not more than	46999
twenty-one per cent of alcohol by volume to retail permit holders,	47000
and for home use, under ~~such~~ rules ~~as are~~ adopted by the division	47001
of liquor control. The formula and samples of all such beverages	47002
to be handled by the permit holder ~~must~~shall be submitted to the	47003
division for analysis and the approval of the division before such	47004
beverages may be sold and distributed in this state. All labels	47005
and advertising matter used by the holders of ~~such permits must~~	47006
this permit shall be approved by the division before they may be	47007
used in this state. The fee for this permit shall be computed on	47008
the basis of annual sales, and the initial fee is ~~two~~five hundred	47009
~~fifty~~ dollars for each distributing plant or warehouse. ~~Such~~The	47010
initial fee shall be increased at the rate of ten cents per wine	47011
barrel of fifty gallons for all such beverages distributed and	47012
sold in this state in excess of one thousand such barrels during	47013
the year covered by the permit.	47014

Sec. 4303.10. Permit B-5 may be issued to a wholesale	47015
distributor of wine to purchase wine from the holders of A-2	47016
permits, to purchase and import wine in bond or otherwise, in bulk	47017
or in containers of any size, and to bottle wine for distribution	47018
and sale to holders of A-1-A, B-2, B-3, B-5, C-2, D-2, D-3, D-4,	47019
D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i,	47020
D-5j, D-5k, and E permits and for home use in sealed containers.	47021
No wine shall be bottled by a B-5 permit holder in containers	47022
supplied by any person who intends the wine for home use. The fee	47023
for this permit is one thousand ~~two~~five hundred ~~fifty~~sixty-three	47024
dollars.	47025

Sec. 4303.11. Permit C-1 may be issued to the owner or	47026
operator of a retail store to sell beer in containers and not for	47027
consumption on the premises where sold in original containers	47028
having a capacity of not more than five and one-sixth gallons. The	47029
fee for this permit is ~~one~~two hundred ~~twenty-six~~fifty-two	47030
dollars for each location.	47031

Sec. 4303.12. Permit C-2 may be issued to the owner or	47032
operator of a retail store to sell wine in sealed containers only	47033
and not for consumption on the premises where sold in original	47034
containers. The holder of ~~such~~this permit may also sell and	47035
distribute in original packages and not for consumption on the	47036
premises where sold or for resale, prepared and bottled highballs,	47037
cocktails, cordials, and other mixed beverages manufactured and	47038
distributed by holders of A-4 and B-4 permits, and containing not	47039
less than four per cent of alcohol by volume, and not more than	47040
twenty-one per cent of alcohol by volume. The fee for this permit	47041
is ~~one~~three hundred ~~eighty-eight~~seventy-six dollars for each	47042
location.	47043

Sec. 4303.121. Effective October 1, 1982, permit C-2x shall	47044
be issued to the holder of a C-2 permit who does not also hold a	47045
C-1 permit, to sell beer only not for consumption on the premises	47046
where sold, in original containers having a capacity of not more	47047
than five and one-sixth gallons. Applicants for a C-2 permit as of	47048
October 1, 1982 shall be issued a C-2x permit subject to the	47049
restrictions for the issuance of the C-2 permit. The fee for a	47050
C-2x permit is ~~one~~two hundred ~~twenty-six~~fifty-two dollars.	47051

Sec. 4303.13. Permit D-1 may be issued to the owner or	47052
operator of a hotel or, of a retail food establishment or a food	47053
service operation licensed pursuant to Chapter 3717. of the	47054
Revised Code that operates as a restaurant for purposes of this	47055
chapter, or of a club, amusement park, drugstore, lunch stand,	47056
boat, or vessel, ~~and shall be issued to a person described in~~	47057
~~division (B) of this section,~~ to sell beer at retail either in	47058
glass or container, for consumption on the premises where sold;	47059
and~~, except as otherwise provided in division (B) of this section,~~	47060
to sell beer at retail in other receptacles or in original	47061
containers having a capacity of not more than five and one-sixth	47062
gallons not for consumption on the premises where sold. The fee	47063
for this permit is ~~one~~three hundred ~~eighty-eight~~seventy-six	47064
dollars for each location, boat, or vessel.	47065

Sec. 4303.14. Permit D-2 may be issued to the owner or	47066
operator of a hotel or, of a retail food establishment or a food	47067
service operation licensed pursuant to Chapter 3717. of the	47068
Revised Code that operates as a restaurant for purposes of this	47069
chapter, or of a club, boat, or vessel, to sell wine and prepared	47070
and bottled cocktails, cordials, and other mixed beverages	47071
manufactured and distributed by holders of A-4 and B-4 permits at	47072
retail, either in glass or container, for consumption on the	47073
premises where sold. The holder of ~~such~~this permit may also sell	47074
wine and prepared and bottled cocktails, cordials, and other mixed	47075
beverages in original packages and not for consumption on the	47076
premises where sold or for resale. The fee for this permit is ~~two~~	47077
five hundred ~~eighty-two~~sixty-four dollars for each location,	47078
boat, or vessel.	47079

Sec. 4303.141. Effective October 1, 1982, permit D-2x shall	47080
be issued to the holder of a D-2 permit who does not also hold a	47081
D-1 permit, to sell beer at retail either in glass or container	47082
for consumption on the premises where sold and to sell beer at	47083
retail in other receptacles or original containers having a	47084
capacity of not more than five and one-sixth gallons not for	47085
consumption on the premises where sold. Applicants for a D-2	47086
permit as of October 1, 1982, shall be issued a D-2x permit	47087
subject to the quota restrictions for the issuance of the D-2	47088
permit. The fee for a D-2x permit is ~~one~~three hundred	47089
~~eighty-eight~~seventy-six dollars.	47090

Sec. 4303.15. Permit D-3 may be issued to the owner or	47091
operator of a hotel or, of a retail food establishment or a food	47092
service operation licensed pursuant to Chapter 3717. of the	47093
Revised Code that operates as a restaurant for purposes of this	47094
chapter, or of a club, boat, or vessel, to sell spirituous liquor	47095
at retail, only by the individual drink in glass or from the	47096
container, for consumption on the premises where sold. No sales of	47097
intoxicating liquor shall be made by a holder of a D-3 permit	47098
after one a.m. The fee for this permit is ~~six~~seven hundred fifty	47099
dollars for each location, boat, or vessel.	47100

Sec. 4303.151. On October 1, 1982, permit D-3x shall be	47101
issued to the holder of a D-3 permit, to sell wine by the	47102
individual drink in glass or from the container, for consumption	47103
on the premises where sold. Applications for a D-3 permit on	47104
October 1, 1982, may be issued a D-3x permit subject to the quota	47105
restrictions for the issuance of a D-3 permit. The fee for a D-3x	47106
permit is ~~one~~three hundred ~~fifty~~ dollars.	47107

Sec. 4303.16. Permit D-3a may be issued to the holder of a	47108
D-3 permit whenever ~~his~~the holder's place of business is operated	47109
after one a.m. and spirituous liquor is sold or consumed after	47110
~~such~~that hour. The holder of such permit may sell spirituous	47111
liquor during the same hours as the holders of D-5 permits under	47112
this chapter and Chapter 4301. of the Revised Code or the rules of	47113
the liquor control commission. The fee for a D-3a permit is ~~seven~~	47114
nine hundred ~~fifty~~thirty-eight dollars in addition to the fee	47115
required for a D-3 permit.	47116

If the holder of a D-3a permit is also the holder of a D-1	47117
permit, hethe holder may sell beer after one a.m. and during the	47118
same hours as the holder of a D-5 permit. If the holder of a D-3a	47119
permit is also the holder of a D-2 permit, hethe holder may sell	47120
intoxicating liquor after one a.m. and during the same hours as	47121
the holder of a D-5 permit. The holder of a D-3a permit may	47122
furnish music and entertainment to ~~his~~the holder's patrons,	47123
subject to the same rules as govern D-5 permit holders.	47124

Sec. 4303.17. Permit D-4 may be issued to a club ~~which~~that	47125
has been in existence for three years or more prior to the	47126
issuance of ~~such~~the permit to sell beer and any intoxicating	47127
liquor to its members only, in glass or container, for consumption	47128
on the premises where sold. The fee for this permit is ~~three~~four	47129
hundred ~~seventy-five~~sixty-nine dollars. No such permit shall be	47130
granted or retained until all elected officers of such	47131
organization controlling such club have filed with the division of	47132
liquor control a statement certifying that such club is operated	47133
in the interest of the membership of a reputable organization,	47134
which is maintained by a dues paying membership, setting forth the	47135
amount of initiation fee and yearly dues. All such matters shall	47136
be contained in a statement signed under oath and accompanied by a	47137
surety bond in the sum of one thousand dollars. Such bond shall be	47138
declared forfeited in the full amount of the penal sum of the bond	47139
for any false statement contained in such certificate and the	47140
surety shall pay the amount of the bond to the division. The	47141
roster of membership of a D-4 permit holder shall be submitted	47142
under oath on the request of the superintendent of liquor control.	47143
Any information acquired by the superintendent or the division	47144
with respect to such membership shall not be open to public	47145
inspection or examination and may be divulged by the	47146
superintendent and the division only in hearings before the liquor	47147
control commission or in a court action in which the division or	47148
the superintendent is named a party.	47149

The requirement that a club shall have been in existence for	47150
three years in order to qualify for a D-4 permit does not apply to	47151
units of organizations chartered by congress or to a subsidiary	47152
unit of a national fraternal organization if the parent	47153
organization has been in existence for three years or more at the	47154
time application for a permit is made by such unit.	47155

No rule or order of the division or commission shall prohibit	47156
a charitable organization that holds a D-4 permit from selling or	47157
serving beer or intoxicating liquor under its permit in a portion	47158
of its premises merely because that portion of its premises is	47159
used at other times for the conduct of a ~~charitable~~ bingo game as	47160
described in division (S) of section 2915.01 of the Revised Code.	47161
However, such an organization shall not sell or serve beer or	47162
intoxicating liquor or permit beer or intoxicating liquor to be	47163
consumed or seen in the same location in its premises where a	47164
~~charitable~~ bingo game, as described in division (S)(1) of section	47165
2915.01 of the Revised Code, is being conducted while the game is	47166
being conducted. As used in this section, "charitable	47167
organization" has the same meaning as in division (H) of section	47168
2915.01 ~~and "charitable bingo game" has the same meaning as in~~	47169
~~division (R) of section 2915.01~~ of the Revised Code.	47170

Sec. 4303.171. Permit D-4a may be issued to an airline	47171
company ~~which~~that leases and operates a premises exclusively for	47172
the benefit of the members and their guests of a private club	47173
sponsored by the airline company, at a publicly owned airport, as	47174
defined in section 4563.01 of the Revised Code, at which	47175
commercial airline companies operate regularly scheduled flights	47176
on which space is available to the public, to sell beer and any	47177
intoxicating liquor to members of the private club and their	47178
guests, only by the individual drink in glass and from the	47179
container, for consumption on the premises where sold. In addition	47180
to the privileges authorized in this section, the holder of a D-4a	47181
permit may exercise the same privileges as a holder of a D-4	47182
permit. The holder of a D-4a permit shall make no sales of beer or	47183
intoxicating liquor after two-thirty a.m.	47184

A D-4a permit shall not be transferred to another location.	47185
No quota restriction shall be placed upon the number of such	47186
permits which may be issued.	47187

The fee for this permit is ~~six~~seven hundred fifty dollars.

47188

Sec. 4303.18. Permit D-5 may be issued to the owner or	47189
operator of a retail food establishment or a food service	47190
operation licensed pursuant to Chapter 3717. of the Revised Code	47191
that operates as a restaurant or night club for purposes of this	47192
chapter, to sell beer and any intoxicating liquor at retail, only	47193
by the individual drink in glass and from the container, for	47194
consumption on the premises where sold, and to sell the same	47195
products in the same manner and amounts not for consumption on the	47196
premises as may be sold by holders of D-1 and D-2 permits. A	47197
person who is the holder of both a D-3 and D-3a permit need not	47198
obtain a D-5 permit. The fee for this permit is ~~one~~two thousand	47199
~~eight~~three hundred ~~seventy-five~~forty-four dollars.	47200

Sec. 4303.181. (A) Permit D-5a may be issued either to the	47201
owner or operator of a hotel or motel that is required to be	47202
licensed under section 3731.03 of the Revised Code, that contains	47203
at least fifty rooms for registered transient guests, and that	47204
qualifies under the other requirements of this section, or to the	47205
owner or operator of a restaurant specified under this section, to	47206
sell beer and any intoxicating liquor at retail, only by the	47207
individual drink in glass and from the container, for consumption	47208
on the premises where sold, and to registered guests in their	47209
rooms, which may be sold by means of a controlled access alcohol	47210
and beverage cabinet in accordance with division (B) of section	47211
4301.21 of the Revised Code; and to sell the same products in the	47212
same manner and amounts not for consumption on the premises as may	47213
be sold by holders of D-1 and D-2 permits. The premises of the	47214
hotel or motel shall include a retail food establishment or a food	47215
service operation licensed pursuant to Chapter 3717. of the	47216
Revised Code that operates as a restaurant for purposes of this	47217
chapter and that is affiliated with the hotel or motel and within	47218
or contiguous to the hotel or motel, and that serves food within	47219
the hotel or motel, but the principal business of the owner or	47220
operator of the hotel or motel shall be the accommodation of	47221
transient guests. In addition to the privileges authorized in this	47222
division, the holder of a D-5a permit may exercise the same	47223
privileges as the holder of a D-5 permit.	47224

The owner or operator of a hotel, motel, or restaurant who	47225
qualified for and held a D-5a permit on August 4, 1976, may, if	47226
the owner or operator held another permit before holding a D-5a	47227
permit, either retain a D-5a permit or apply for the permit	47228
formerly held, and the division of liquor control shall issue the	47229
permit for which the owner or operator applies and formerly held,	47230
notwithstanding any quota.	47231

A D-5a permit shall not be transferred to another location.	47232
No quota restriction shall be placed on the number of such permits	47233
that may be issued.	47234

The fee for this permit is ~~one~~two thousand ~~eight~~three	47235
hundred ~~seventy-five~~forty-four dollars.	47236

(B) Permit D-5b may be issued to the owner, operator, tenant,	47237
lessee, or occupant of an enclosed shopping center to sell beer	47238
and intoxicating liquor at retail, only by the individual drink in	47239
glass and from the container, for consumption on the premises	47240
where sold; and to sell the same products in the same manner and	47241
amount not for consumption on the premises as may be sold by	47242
holders of D-1 and D-2 permits. In addition to the privileges	47243
authorized in this division, the holder of a D-5b permit may	47244
exercise the same privileges as a holder of a D-5 permit.	47245

A D-5b permit shall not be transferred to another location.

47246

One D-5b permit may be issued at an enclosed shopping center	47247
containing at least two hundred twenty-five thousand, but less	47248
than four hundred thousand, square feet of floor area.	47249

Two D-5b permits may be issued at an enclosed shopping center	47250
containing at least four hundred thousand square feet of floor	47251
area. No more than one D-5b permit may be issued at an enclosed	47252
shopping center for each additional two hundred thousand square	47253
feet of floor area or fraction of that floor area, up to a maximum	47254
of five D-5b permits for each enclosed shopping center. The number	47255
of D-5b permits that may be issued at an enclosed shopping center	47256
shall be determined by subtracting the number of D-3 and D-5	47257
permits issued in the enclosed shopping center from the number of	47258
D-5b permits that otherwise may be issued at the enclosed shopping	47259
center under the formulas provided in this division. Except as	47260
provided in this section, no quota shall be placed on the number	47261
of D-5b permits that may be issued. Notwithstanding any quota	47262
provided in this section, the holder of any D-5b permit first	47263
issued in accordance with this section is entitled to its renewal	47264
in accordance with section 4303.271 of the Revised Code.	47265

The holder of a D-5b permit issued before April 4, 1984,	47266
whose tenancy is terminated for a cause other than nonpayment of	47267
rent, may return the D-5b permit to the division of liquor	47268
control, and the division shall cancel that permit. Upon	47269
cancellation of that permit and upon the permit holder's payment	47270
of taxes, contributions, premiums, assessments, and other debts	47271
owing or accrued upon the date of cancellation to this state and	47272
its political subdivisions and a filing with the division of a	47273
certification of that payment, the division shall issue to that	47274
person either a D-5 permit, or a D-1, a D-2, and a D-3 permit, as	47275
that person requests. The division shall issue the D-5 permit, or	47276
the D-1, D-2, and D-3 permits, even if the number of D-1, D-2,	47277
D-3, or D-5 permits currently issued in the municipal corporation	47278
or in the unincorporated area of the township where that person's	47279
proposed premises is located equals or exceeds the maximum number	47280
of such permits that can be issued in that municipal corporation	47281
or in the unincorporated area of that township under the	47282
population quota restrictions contained in section 4303.29 of the	47283
Revised Code. Any D-1, D-2, D-3, or D-5 permit so issued shall not	47284
be transferred to another location. If a D-5b permit is canceled	47285
under the provisions of this paragraph, the number of D-5b permits	47286
that may be issued at the enclosed shopping center for which the	47287
D-5b permit was issued, under the formula provided in this	47288
division, shall be reduced by one if the enclosed shopping center	47289
was entitled to more than one D-5b permit under the formula.	47290

The fee for this permit is ~~one~~two thousand ~~eight~~three	47291
hundred ~~seventy-five~~forty-four dollars.	47292

(C) Permit D-5c may be issued to the owner or operator of a	47293
retail food establishment or a food service operation licensed	47294
pursuant to Chapter 3717. of the Revised Code that operates as a	47295
restaurant for purposes of this chapter and that qualifies under	47296
the other requirements of this section to sell beer and any	47297
intoxicating liquor at retail, only by the individual drink in	47298
glass and from the container, for consumption on the premises	47299
where sold, and to sell the same products in the same manner and	47300
amounts not for consumption on the premises as may be sold by	47301
holders of D-1 and D-2 permits. In addition to the privileges	47302
authorized in this division, the holder of a D-5c permit may	47303
exercise the same privileges as the holder of a D-5 permit.	47304

To qualify for a D-5c permit, the owner or operator of a	47305
retail food establishment or a food service operation licensed	47306
pursuant to Chapter 3717. of the Revised Code that operates as a	47307
restaurant for purposes of this chapter, shall have operated the	47308
restaurant at the proposed premises for not less than twenty-four	47309
consecutive months immediately preceding the filing of the	47310
application for the permit, have applied for a D-5 permit no later	47311
than December 31, 1988, and appear on the division's quota waiting	47312
list for not less than six months immediately preceding the filing	47313
of the application for the permit. In addition to these	47314
requirements, the proposed D-5c permit premises shall be located	47315
within a municipal corporation and further within an election	47316
precinct that, at the time of the application, has no more than	47317
twenty-five per cent of its total land area zoned for residential	47318
use.	47319

A D-5c permit shall not be transferred to another location.	47320
No quota restriction shall be placed on the number of such permits	47321
that may be issued.	47322

Any person who has held a D-5c permit for at least two years	47323
may apply for a D-5 permit, and the division of liquor control	47324
shall issue the D-5 permit notwithstanding the quota restrictions	47325
contained in section 4303.29 of the Revised Code or in any rule of	47326
the liquor control commission.	47327

The fee for this permit is one thousand ~~two~~five hundred	47328
~~fifty~~sixty-three dollars.	47329

(D) Permit D-5d may be issued to the owner or operator of a	47330
retail food establishment or a food service operation licensed	47331
pursuant to Chapter 3717. of the Revised Code that operates as a	47332
restaurant for purposes of this chapter and that is located at an	47333
airport operated by a board of county commissioners pursuant to	47334
section 307.20 of the Revised Code, at an airport operated by a	47335
port authority pursuant to Chapter 4582. of the Revised Code, or	47336
at an airport operated by a regional airport authority pursuant to	47337
Chapter 308. of the Revised Code. The holder of a D-5d permit may	47338
sell beer and any intoxicating liquor at retail, only by the	47339
individual drink in glass and from the container, for consumption	47340
on the premises where sold, and may sell the same products in the	47341
same manner and amounts not for consumption on the premises where	47342
sold as may be sold by the holders of D-1 and D-2 permits. In	47343
addition to the privileges authorized in this division, the holder	47344
of a D-5d permit may exercise the same privileges as the holder of	47345
a D-5 permit.	47346

A D-5d permit shall not be transferred to another location.	47347
No quota restrictions shall be placed on the number of such	47348
permits that may be issued.	47349

The fee for this permit is ~~one~~two thousand ~~eight~~three	47350
hundred ~~seventy-five~~forty-four dollars.	47351

(E) Permit D-5e may be issued to any nonprofit organization	47352
that is exempt from federal income taxation under the "Internal	47353
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501(c)(3), as	47354
amended, or that is a charitable organization under any chapter of	47355
the Revised Code, and that owns or operates a riverboat that meets	47356
all of the following:	47357

(1) Is permanently docked at one location;

47358

(2) Is designated as an historical riverboat by the Ohio	47359
historical society;	47360

(3) Contains not less than fifteen hundred square feet of	47361
floor area;	47362

(4) Has a seating capacity of fifty or more persons.

47363

The holder of a D-5e permit may sell beer and intoxicating	47364
liquor at retail, only by the individual drink in glass and from	47365
the container, for consumption on the premises where sold.	47366

A D-5e permit shall not be transferred to another location.	47367
No quota restriction shall be placed on the number of such permits	47368
that may be issued. The population quota restrictions contained in	47369
section 4303.29 of the Revised Code or in any rule of the liquor	47370
control commission shall not apply to this division, and the	47371
division shall issue a D-5e permit to any applicant who meets the	47372
requirements of this division. However, the division shall not	47373
issue a D-5e permit if the permit premises or proposed permit	47374
premises are located within an area in which the sale of	47375
spirituous liquor by the glass is prohibited.	47376

The fee for this permit is ~~nine~~one thousand two hundred	47377
~~seventy-five~~nineteen dollars.	47378

(F) Permit D-5f may be issued to the owner or operator of a	47379
retail food establishment or a food service operation licensed	47380
under Chapter 3717. of the Revised Code that operates as a	47381
restaurant for purposes of this chapter and that meets all of the	47382
following:	47383

(1) It contains not less than twenty-five hundred square feet	47384
of floor area.	47385

(2) It is located on or in, or immediately adjacent to, the	47386
shoreline of, a navigable river.	47387

(3) It provides docking space for twenty-five boats.

47388

(4) It provides entertainment and recreation, provided that	47389
not less than fifty per cent of the business on the permit	47390
premises shall be preparing and serving meals for a consideration.	47391

In addition, each application for a D-5f permit shall be	47392
accompanied by a certification from the local legislative	47393
authority that the issuance of the D-5f permit is not inconsistent	47394
with that political subdivision's comprehensive development plan	47395
or other economic development goal as officially established by	47396
the local legislative authority.	47397

The holder of a D-5f permit may sell beer and intoxicating	47398
liquor at retail, only by the individual drink in glass and from	47399
the container, for consumption on the premises where sold.	47400

A D-5f permit shall not be transferred to another location.

47401

The division of liquor control shall not issue a D-5f permit	47402
if the permit premises or proposed permit premises are located	47403
within an area in which the sale of spirituous liquor by the glass	47404
is prohibited.	47405

A fee for this permit is ~~one~~two thousand ~~eight~~three hundred	47406
~~seventy-five~~forty-four dollars.	47407

As used in this division, "navigable river" means a river	47408
that is also a "navigable water" as defined in the "Federal Power	47409
Act," 94 Stat. 770 (1980), 16 U.S.C. 796.	47410

(G) Permit D-5g may be issued to a nonprofit corporation that	47411
is either the owner or the operator of a national professional	47412
sports museum. The holder of a D-5g permit may sell beer and any	47413
intoxicating liquor at retail, only by the individual drink in	47414
glass and from the container, for consumption on the premises	47415
where sold. The holder of a D-5g permit shall sell no beer or	47416
intoxicating liquor for consumption on the premises where sold	47417
after one a.m. A D-5g permit shall not be transferred to another	47418
location. No quota restrictions shall be placed on the number of	47419
D-5g permits that may be issued. The fee for this permit is one	47420
thousand ~~five~~eight hundred seventy-five dollars.	47421

(H) Permit D-5h may be issued to any nonprofit organization	47422
that is exempt from federal income taxation under the "Internal	47423
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501(c)(3), as	47424
amended, that owns or operates a fine arts museum and has no less	47425
than five thousand bona fide members possessing full membership	47426
privileges. The holder of a D-5h permit may sell beer and any	47427
intoxicating liquor at retail, only by the individual drink in	47428
glass and from the container, for consumption on the premises	47429
where sold. The holder of a D-5h permit shall sell no beer or	47430
intoxicating liquor for consumption on the premises where sold	47431
after one a.m. A D-5h permit shall not be transferred to another	47432
location. No quota restrictions shall be placed on the number of	47433
D-5h permits that may be issued. The fee for this permit is one	47434
thousand ~~five~~eight hundred seventy-five dollars.	47435

(I) Permit D-5i may be issued to the owner or operator of a	47436
retail food establishment or a food service operation licensed	47437
under Chapter 3717. of the Revised Code that operates as a	47438
restaurant for purposes of this chapter and that meets all of the	47439
following requirements:	47440

(1) It is located in a municipal corporation or a township	47441
with a population of ~~fifty~~seventy-five thousand or less.	47442

(2) It has inside seating capacity for at least one hundred	47443
forty persons.	47444

(3) It has at least four thousand square feet of floor area.

47445

(4) It offers full-course meals, appetizers, and sandwiches.

47446

(5) Its receipts from beer and liquor sales do not exceed	47447
twenty-five per cent of its total gross receipts.	47448

(6) The value of its real and personal property exceeds seven	47449
hundred twenty-five thousand dollars.	47450

The holder of a D-5i permit shall cause an independent audit	47451
to be performed at the end of one full year of operation following	47452
issuance of the permit in order to verify the requirements of	47453
division (I)(5) of this section. The results of the independent	47454
audit shall be transmitted to the division. Upon determining that	47455
the receipts of the holder from beer and liquor sales exceeded	47456
twenty-five per cent of its total gross receipts, the division	47457
shall suspend the permit of the permit holder under section	47458
4301.25 of the Revised Code and may allow the permit holder to	47459
elect a forfeiture under section 4301.252 of the Revised Code.	47460

The holder of a D-5i permit may sell beer and any	47461
intoxicating liquor at retail, only by the individual drink in	47462
glass and from the container, for consumption on the premises	47463
where sold, and may sell the same products in the same manner and	47464
amounts not for consumption on the premises where sold as may be	47465
sold by the holders of D-1 and D-2 permits. The holder of a D-5i	47466
permit shall sell no beer or intoxicating liquor for consumption	47467
on the premises where sold after two-thirty a.m. In addition to	47468
the privileges authorized in this division, the holder of a D-5i	47469
permit may exercise the same privileges as the holder of a D-5	47470
permit.	47471

A D-5i permit shall not be transferred to another location.	47472
The division of liquor control shall not renew a D-5i permit	47473
unless the food service operation for which it is issued continues	47474
to meet the requirements described in divisions (I)(1) to (6) of	47475
this section. No quota restrictions shall be placed on the number	47476
of D-5i permits that may be issued. The fee for this permit is ~~one~~	47477
two thousand ~~eight~~three hundred ~~seventy-five~~forty-four dollars.	47478

(J)(1) Permit D-5j may be issued to the owner or the operator	47479
of a retail food establishment or a food service operation	47480
licensed under Chapter 3717. of the Revised Code to sell beer and	47481
intoxicating liquor at retail, only by the individual drink in	47482
glass and from the container, for consumption on the premises	47483
where sold and to sell beer and intoxicating liquor in the same	47484
manner and amounts not for consumption on the premises where sold	47485
as may be sold by the holders of D-1 and D-2 permits. The holder	47486
of a D-5j permit may exercise the same privileges, and shall	47487
observe the same hours of operation, as the holder of a D-5	47488
permit.	47489

(2) The D-5j permit shall be issued only within a community	47490
entertainment district that is designated under section 4301.80 of	47491
the Revised Code and that meets one of the following	47492
qualifications:	47493

(a) It is located in a municipal corporation with a	47494
population of at least one hundred thousand.	47495

(b) It is located in a municipal corporation with a	47496
population of at least twenty thousand, and either of the	47497
following applies:	47498

(i) It contains an amusement park the rides of which have	47499
been issued a permit by the department of agriculture under	47500
Chapter 1711. of the Revised Code.	47501

(ii) Not less than fifty million dollars will be invested in	47502
development and construction in the community entertainment	47503
district's area located in the municipal corporation.	47504

(c) It is located in a township with a population of at least	47505
forty thousand.	47506

(3) The location of a D-5j permit may be transferred only	47507
within the geographic boundaries of the community entertainment	47508
district in which it was issued and shall not be transferred	47509
outside the geographic boundaries of that district.	47510

(4) Not more than one D-5j permit shall be issued within each	47511
community entertainment district for each five acres of land	47512
located within the district. Not more than fifteen D-5j permits	47513
may be issued within a single community entertainment district.	47514
Except as otherwise provided in division (J)(4) of this section,	47515
no quota restrictions shall be placed upon the number of D-5j	47516
permits that may be issued.	47517

(5) The fee for a D-5j permit is ~~one~~two thousand ~~eight~~three	47518
hundred ~~seventy-five~~forty-four dollars.	47519

(K)(1) Permit D-5k may be issued to any nonprofit	47520
organization that is exempt from federal income taxation under the	47521
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	47522
501(c)(3), as amended, that is the owner or operator of a	47523
botanical garden recognized by the American association of	47524
botanical gardens and arboreta, and that has not less than	47525
twenty-five hundred bona fide members.	47526

(2) The holder of a D-5k permit may sell beer and any	47527
intoxicating liquor at retail, only by the individual drink in	47528
glass and from the container, on the premises where sold.	47529

(3) The holder of a D-5k permit shall sell no beer or	47530
intoxicating liquor for consumption on the premises where sold	47531
after one a.m.	47532

(4) A D-5k permit shall not be transferred to another	47533
location.	47534

(5) No quota restrictions shall be placed on the number of	47535
D-5k permits that may be issued.	47536

(6) The fee for the D-5k permit is one thousand ~~five~~eight	47537
hundred seventy-five dollars.	47538

Sec. 4303.182. (A) Except as otherwise provided in divisions	47539
(B) to (G) of this section, permit D-6 shall be issued to the	47540
holder of an A-1-A, A-2, C-2, D-2, D-3, D-4, D-4a, D-5, D-5a,	47541
D-5b, D-5c, D-5d, D-5e, D-5f, ~~D-5g,~~ D-5h, D-5i, D-5j, D-5k, or D-7	47542
permit to allow sale under that permit between the hours of ten	47543
a.m. and midnight, or between the hours of one p.m. and midnight,	47544
on Sunday, as applicable, if that sale has been authorized under	47545
section 4301.361, 4301.364, 4301.365, or 4301.366 of the Revised	47546
Code and under the restrictions of that authorization.	47547

(B) Permit D-6 shall be issued to the holder of any permit,	47548
including a D-4a and D-5d permit, authorizing the sale of	47549
intoxicating liquor issued for a premises located at any publicly	47550
owned airport, as defined in section 4563.01 of the Revised Code,	47551
at which commercial airline companies operate regularly scheduled	47552
flights on which space is available to the public, to allow sale	47553
under such permit between the hours of ten a.m. and midnight on	47554
Sunday, whether or not that sale has been authorized under section	47555
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	47556

(C) Permit D-6 shall be issued to the holder of a D-5a	47557
permit, and to the holder of a D-3 or D-3a permit who is the owner	47558
or operator of a hotel or motel that is required to be licensed	47559
under section 3731.03 of the Revised Code, that contains at least	47560
fifty rooms for registered transient guests, and that has on its	47561
premises a retail food establishment or a food service operation	47562
licensed pursuant to Chapter 3717. of the Revised Code that	47563
operates as a restaurant for purposes of this chapter and is	47564
affiliated with the hotel or motel and within or contiguous to the	47565
hotel or motel and serving food within the hotel or motel, to	47566
allow sale under such permit between the hours of ten a.m. and	47567
midnight on Sunday, whether or not that sale has been authorized	47568
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the	47569
Revised Code.	47570

(D) The holder of a D-6 permit that is issued to a sports	47571
facility may make sales under the permit between the hours of	47572
eleven a.m. and midnight on any Sunday on which a professional	47573
baseball, basketball, football, hockey, or soccer game is being	47574
played at the sports facility. As used in this division, "sports	47575
facility" means a stadium or arena that has a seating capacity of	47576
at least four thousand and that is owned or leased by a	47577
professional baseball, basketball, football, hockey, or soccer	47578
franchise or any combination of those franchises.	47579

(E) Permit D-6 shall be issued to the holder of any permit	47580
that authorizes the sale of beer or intoxicating liquor and that	47581
is issued to a premises located in or at the Ohio historical	47582
society area or the state fairgrounds, as defined in division (B)	47583
of section 4301.40 of the Revised Code, to allow sale under that	47584
permit between the hours of ten a.m. and midnight on Sunday,	47585
whether or not that sale has been authorized under section	47586
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	47587

(F) Permit D-6 shall be issued to the holder of any permit	47588
that authorizes the sale of intoxicating liquor and that is issued	47589
to an outdoor performing arts center to allow sale under that	47590
permit between the hours of one p.m. and midnight on Sunday,	47591
whether or not that sale has been authorized under section	47592
4301.361 of the Revised Code. A D-6 permit issued under this	47593
division is subject to the results of an election, held after the	47594
D-6 permit is issued, on question (B)(4) as set forth in section	47595
4301.351 of the Revised Code. Following the end of the period	47596
during which an election may be held on question (B)(4) as set	47597
forth in that section, sales of intoxicating liquor may continue	47598
at an outdoor performing arts center under a D-6 permit issued	47599
under this division, unless an election on that question is held	47600
during the permitted period and a majority of the voters voting in	47601
the precinct on that question vote "no."	47602

As used in this division, "outdoor performing arts center"	47603
means an outdoor performing arts center that is located on not	47604
less than eight hundred acres of land and that is open for	47605
performances from the first day of April to the last day of	47606
October of each year.	47607

(G) Permit D-6 shall be issued to the holder of any permit	47608
that authorizes the sale of beer or intoxicating liquor and that	47609
is issued to a golf course owned by the state, a conservancy	47610
district, a park district created under Chapter 1545. of the	47611
Revised Code, or another political subdivision to allow sale under	47612
that permit between the hours of ten a.m. and midnight on Sunday,	47613
whether or not that sale has been authorized under section	47614
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	47615

(H) Permit D-6 shall be issued to the holder of a D-5g permit	47616
to allow sale under that permit between the hours of ten a.m. and	47617
midnight on Sunday, whether or not that sale has been authorized	47618
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the	47619
Revised Code.	47620

(I) If the restriction to licensed premises where the sale of	47621
food and other goods and services exceeds fifty per cent of the	47622
total gross receipts of the permit holder at the premises is	47623
applicable, the division of liquor control may accept an affidavit	47624
from the permit holder to show the proportion of the permit	47625
holder's gross receipts derived from the sale of food and other	47626
goods and services. If the liquor control commission determines	47627
that affidavit to have been false, it shall revoke the permits of	47628
the permit holder at the premises concerned.	47629

~~(I)~~(J) The fee for the D-6 permit is ~~two~~five hundred ~~fifty~~	47630
dollars when it is issued to the holder of an A-1-A, A-2, D-2,	47631
D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f,	47632
D-5g, D-5h, D-5i, D-5j, D-5k, or D-7 permit. The fee for the D-6	47633
permit is ~~two~~four hundred dollars when it is issued to the holder	47634
of a C-2 permit.	47635

Sec. 4303.183. Permit D-7 may be issued to the holder of any	47636
D-2 permit issued by the division of liquor control, or if there	47637
is an insufficient number of D-2 permit holders to fill the resort	47638
quota, to the operator of a retail food establishment or a food	47639
service operation required to be licensed under Chapter 3717. of	47640
the Revised Code that operates as a restaurant for purposes of	47641
this chapter and which qualifies under the other requirements of	47642
this section, to sell beer and any intoxicating liquor at retail,	47643
only by the individual drink in glass and from the container, for	47644
consumption on the premises where sold. Not less than fifty per	47645
cent of the business on the permit premises shall be preparing and	47646
serving meals for a consideration in order to qualify for and	47647
continue to hold such D-7 permit. The permit premises shall be	47648
located in a resort area.	47649

"Resort area" means a municipal corporation, township,	47650
county, or any combination thereof, which provides entertainment,	47651
recreation, and transient housing facilities specifically intended	47652
to provide leisure time activities for persons other than those	47653
whose permanent residence is within the "resort area" and who	47654
increase the population of the "resort area" on a seasonal basis,	47655
and which experiences seasonal peaks of employment and	47656
governmental services as a direct result of population increase	47657
generated by the transient, recreating public. A resort season	47658
shall begin on the first day of May and end on the last day of	47659
October. Notwithstanding section 4303.27 of the Revised Code, such	47660
permits may be issued for resort seasons without regard to the	47661
calendar year or permit year. Quota restrictions on the number of	47662
such permits shall take into consideration the transient	47663
population during the resort season, the custom and habits of	47664
visitors and tourists, and the promotion of the resort and tourist	47665
industry. The fee for this permit is ~~three~~four hundred	47666
~~seventy-five~~sixty-nine dollars per month.	47667

Any suspension of a D-7 permit shall be satisfied during the	47668
resort season in which such suspension becomes final. If such	47669
suspension becomes final during the off-season, or if the period	47670
of the suspension extends beyond the last day of October, the	47671
suspension or remainder thereof shall be satisfied during the next	47672
resort season.	47673

The ownership of a D-7 permit may be transferred from one	47674
permit holder to another. The holder of a D-7 permit may file an	47675
application to transfer such permit to a new location within the	47676
same resort area, provided that such permit holder shall be the	47677
owner or operator of a retail food establishment or a food service	47678
operation, required to be licensed under Chapter 3717. of the	47679
Revised Code, that operates as a restaurant for purposes of this	47680
chapter, at such new location.	47681

Sec. 4303.184. (A) Subject to division (B) of this section,	47682
a D-8 permit may be issued to the holder of a C-1, C-2, or C-2x	47683
permit issued to a retail store that has either of the following	47684
characteristics:	47685

(1) The store has at least five thousand five hundred square	47686
feet of floor area, and it generates more than sixty per cent of	47687
its sales in general merchandise items and food for consumption	47688
off the premises where sold.	47689

(2) Wine constitutes at least sixty per cent of the value of	47690
the store's inventory.	47691

(B) A D-8 permit may be issued to the holder of a C-1, C-2,	47692
or C-2x permit only if the premises of the permit holder are	47693
located in a precinct, or at a particular location in a precinct,	47694
in which the sale of beer, wine, or mixed beverages is permitted	47695
for consumption off the premises where sold. Sales under a D-8	47696
permit are not affected by whether sales for consumption on the	47697
premises where sold are permitted in the precinct or at the	47698
particular location where the D-8 premises are located.	47699

(C) The holder of a D-8 permit may sell tasting samples of	47700
beer, wine, and mixed beverages, but not spirituous liquor, at	47701
retail, for consumption on the premises where sold in an amount	47702
not to exceed two ounces or another amount designated by rule of	47703
the liquor control commission. A tasting sample shall not be sold	47704
for general consumption. No D-8 permit holder shall allow any	47705
authorized purchaser to consume more than four tasting samples of	47706
beer, wine, or mixed beverages, or any combination of beer, wine,	47707
or mixed beverages, per day.	47708

(D) The privileges authorized under a D-8 permit may only be	47709
exercised in conjunction with and during the hours of operation	47710
authorized by a C-1, C-2, C-2x, or D-6 permit.	47711

(E) A D-8 permit shall not be transferred to another	47712
location.	47713

(F) The fee for the D-8 permit is ~~two~~five hundred ~~fifty~~	47714
dollars.	47715

(G) The holder of a D-8 permit shall cause an independent	47716
audit to be performed at the end of the first full year of	47717
operation following issuance of the permit, and at the end of each	47718
second year thereafter, in order to verify that the permit holder	47719
satisfies the applicable requirement of division (A)(1) or (2) of	47720
this section. The permit holder shall transmit the results of the	47721
independent audit to the division of liquor control. If the	47722
results of the audit indicate noncompliance with division (A) of	47723
this section, the division shall not renew the D-8 permit of the	47724
permit holder.	47725

Sec. 4303.19. Permit E may be issued to the owner or	47726
operator of any railroad, a sleeping car company operating dining	47727
cars, buffet cars, club cars, lounge cars, or similar equipment,	47728
or an airline providing charter or regularly scheduled aircraft	47729
transportation service with dining, buffet, club, lounge, or	47730
similar facilities, to sell beer or any intoxicating liquor in any	47731
such car or aircraft to bona fide passengers at retail in glass	47732
and from the container for consumption in such car or aircraft,	47733
including sale on Sunday between the hours of one p.m. and	47734
midnight. The fee for this permit is ~~two~~five hundred ~~fifty~~	47735
dollars.	47736

Sec. 4303.20. Permit F may be issued to an association of	47737
ten or more persons, a labor union, or a charitable organization,	47738
or to an employer of ten or more persons sponsoring a function for	47739
~~his~~the employer's employees, to purchase from the holders of A-1	47740
and B-1 permits and to sell beer for a period lasting not to	47741
exceed five days. No more than two such permits may be issued to	47742
the same applicant in any thirty-day period.	47743

The special function for which ~~such~~the permit is issued	47744
shall include a social, recreational, benevolent, charitable,	47745
fraternal, political, patriotic, or athletic purpose but shall not	47746
include any function the proceeds of which are for the profit or	47747
gain of any individual. The fee for this permit is ~~twenty~~forty	47748
dollars.	47749

Sec. 4303.201. (A) As used in this section:

47750

(1) "Convention facility" means any structure owned or leased	47751
by a municipal corporation or county which was expressly designed	47752
and constructed and is currently used for the purpose of	47753
presenting conventions, public meetings, and exhibitions.	47754

(2) "Nonprofit organization" means any unincorporated	47755
association or nonprofit corporation that is not formed for the	47756
pecuniary gain or profit of, and whose net earnings or any part	47757
thereof is not distributable to, its members, trustees, officers,	47758
or other private persons; provided, that the payment of reasonable	47759
compensation for services rendered and the distribution of assets	47760
on dissolution shall not be considered pecuniary gain or profit or	47761
distribution of earnings in an association or corporation all of	47762
whose members are nonprofit corporations. Distribution of earnings	47763
to member organizations does not deprive it of the status of a	47764
nonprofit organization.	47765

(B) An F-1 permit may be issued to any nonprofit organization	47766
to allow the nonprofit organization and its members and their	47767
guests to lawfully bring beer, wine, and intoxicating liquor in	47768
its original package, flasks, or other containers into a	47769
convention facility for consumption therein, if both of the	47770
following requirements are met:	47771

(1) The superintendent of liquor control is satisfied the	47772
organization meets the definition of a nonprofit organization as	47773
set forth in division (A)(2) of this section, the nonprofit	47774
organization's membership includes persons residing in two or more	47775
states, and the organization's total membership is in excess of	47776
five hundred. The superintendent may accept a sworn statement by	47777
the president or other chief executive officer of the nonprofit	47778
organization as proof of the matters required in this division.	47779

(2) The managing official or employee of the convention	47780
facility has given written consent to the use of the convention	47781
facility and to the application for the F-1 permit, as shown in	47782
the nonprofit organization's application to the superintendent.	47783

(C) The superintendent shall specify individually the	47784
effective period of each F-1 permit on the permit, which shall not	47785
exceed three days. The fee for an F-1 permit is ~~one~~two hundred	47786
~~twenty-five~~fifty dollars. The superintendent shall prepare and	47787
make available application forms to request F-1 permits and may	47788
require applicants to furnish such information as the	47789
superintendent determines to be necessary for the administration	47790
of this section.	47791

(D) No holder of an F-1 permit shall make a specific charge	47792
for beer, wine, or intoxicating liquor by the drink, or in its	47793
original package, flasks, or other containers in connection with	47794
its use of the convention facility under the permit.	47795

Sec. 4303.202. (A) The division of liquor control may issue	47796
an F-2 permit to an association or corporation, or to a recognized	47797
subordinate lodge, chapter, or other local unit of an association	47798
or corporation, to sell beer or intoxicating liquor by the	47799
individual drink at an event to be held on premises located in a	47800
political subdivision or part thereof where the sale of beer or	47801
intoxicating liquor on that day is otherwise permitted by law.	47802

The division of liquor control may issue an F-2 permit to an	47803
association or corporation, or to a recognized subordinate lodge,	47804
chapter, or other local unit of an association or corporation, to	47805
sell beer, wine, and spirituous liquor by the individual drink at	47806
an event to be held on premises located in a political subdivision	47807
or part thereof where the sale of beer and wine, but not	47808
spirituous liquor, is otherwise permitted by law on that day.	47809

Notwithstanding section 1711.09 of the Revised Code, this	47810
section applies to any association or corporation or a recognized	47811
subordinate lodge, chapter, or other local unit of an association	47812
or corporation.	47813

In order to receive an F-2 permit, the association,	47814
corporation, or local unit shall be organized not for profit,	47815
shall be operated for a charitable, cultural, fraternal, or	47816
educational purpose, and shall not be affiliated with the holder	47817
of any class of liquor permit, other than a D-4 permit.	47818

The premises on which the permit is to be used shall be	47819
clearly defined and sufficiently restricted to allow proper	47820
supervision of the permit use by state and local law enforcement	47821
personnel. An F-2 permit may be issued for the same premises for	47822
which another class of permit is issued.	47823

No F-2 permit shall be effective for more than forty-eight	47824
consecutive hours, and sales shall be confined to the same hours	47825
permitted to the holder of a D-3 permit. The division shall not	47826
issue more than two F-2 permits in one calendar year to the same	47827
association, corporation, or local unit of an association or	47828
corporation. The fee for an F-2 permit is ~~seventy-five~~one hundred	47829
fifty dollars.	47830

If an applicant wishes the holder of a D-3, D-4, or D-5	47831
permit to conduct the sale of beer and intoxicating liquor at the	47832
event, the applicant may request that the F-2 permit be issued	47833
jointly to the association, corporation, or local unit and the	47834
D-permit holder. If a permit is issued jointly, the association,	47835
corporation, or local unit and the D-permit holder shall both be	47836
held responsible for any conduct that violates laws pertaining to	47837
the sale of alcoholic beverages, including sales by the D-permit	47838
holder; otherwise, the association, corporation, or local unit	47839
shall be held responsible. In addition to the permit fee paid by	47840
the association, corporation, or local unit, the D-permit holder	47841
shall pay a fee of ten dollars. A D-permit holder may receive an	47842
unlimited number of joint F-2 permits.	47843

Any association, corporation, or local unit applying for an	47844
F-2 permit shall file with the application a statement of the	47845
organizational purpose of the association, corporation, or local	47846
unit, the location and purpose of the event, and a list of its	47847
officers. The application form shall contain a notice that a	47848
person who knowingly makes a false statement on the application or	47849
statement is guilty of the crime of falsification, a misdemeanor	47850
of the first degree. In ruling on an application, the division	47851
shall consider, among other things, the past activities of the	47852
association, corporation, or local unit and any D-permit holder	47853
while operating under other F-2 permits, the location of the event	47854
for which the current application is made, and any objections of	47855
local residents or law enforcement authorities. If the division	47856
approves the application, it shall send copies of the approved	47857
application to the proper law enforcement authorities prior to the	47858
scheduled event.	47859

Using the procedures of Chapter 119. of the Revised Code, the	47860
liquor control commission may adopt such rules as are necessary to	47861
administer this section.	47862

(B) No association, corporation, local unit of an association	47863
or corporation, or D-permit holder who holds an F-2 permit shall	47864
sell beer or intoxicating liquor beyond the hours of sale allowed	47865
by the permit. This division imposes strict liability on the	47866
holder of such permit and on any officer, agent, or employee of	47867
such permit holder.	47868

Sec. 4303.203. (A) As used in this section:

47869

(1) "Convention facility" and "nonprofit corporation" have	47870
the same meanings as in section 4303.201 of the Revised Code.	47871

(2) "Hotel" means a hotel described in section 3731.01 of the	47872
Revised Code that has at least fifty rooms for registered	47873
transient guests and that is required to be licensed pursuant to	47874
section 3731.03 of the Revised Code.	47875

(B) An F-3 permit may be issued to an organization whose	47876
primary purpose is to support, promote, and educate members of the	47877
beer, wine, or mixed beverage industries, to allow the	47878
organization to bring beer, wine, or mixed beverages in their	47879
original packages or containers into a convention facility or	47880
hotel for consumption in the facility or hotel, if all of the	47881
following requirements are met:	47882

(1) The superintendent of liquor control is satisfied that	47883
the organization is a nonprofit organization and that the	47884
organization's membership is in excess of two hundred fifty	47885
persons.	47886

(2) The general manager or the equivalent officer of the	47887
convention facility or hotel provides a written consent for the	47888
use of a portion of the facility or hotel by the organization and	47889
a written statement that the facility's or hotel's permit	47890
privileges will be suspended in the portion of the facility or	47891
hotel in which the F-3 permit is in force.	47892

(3) The organization provides a written description that	47893
clearly sets forth the portion of the convention facility or hotel	47894
in which the F-3 permit will be used.	47895

(4) The organization provides a written statement as to its	47896
primary purpose and the purpose of its event at the convention	47897
facility or hotel.	47898

(5) Division (C) of this section does not apply.

47899

(C) No F-3 permit shall be issued to any nonprofit	47900
organization that is created by or for a specific manufacturer,	47901
supplier, distributor, or retailer of beer, wine, or mixed	47902
beverages.	47903

(D) Notwithstanding division (E) of section 4301.22 of the	47904
Revised Code, a holder of an F-3 permit may obtain by donation	47905
beer, wine, or mixed beverages from any manufacturer or producer	47906
of beer, wine, or mixed beverages.	47907

(E) Nothing in this chapter prohibits the holder of an F-3	47908
permit from bringing into the portion of the convention facility	47909
or hotel covered by the permit beer, wine, or mixed beverages	47910
otherwise not approved for sale in this state.	47911

(F) Notwithstanding division (E) of section 4301.22 of the	47912
Revised Code, no holder of an F-3 permit shall make any charge for	47913
any beer, wine, or mixed beverage served by the drink, or in its	47914
original package or container, in connection with the use of the	47915
portion of the convention facility or hotel covered by the permit.	47916

(G) The division of liquor control shall prepare and make	47917
available an F-3 permit application form and may require	47918
applicants for the permit to provide information, in addition to	47919
that required by this section, that is necessary for the	47920
administration of this section.	47921

(H) An F-3 permit shall be effective for a period not to	47922
exceed five consecutive days. The division of liquor control shall	47923
not issue more than three F-3 permits per calendar year to the	47924
same nonprofit organization. The fee for an F-3 permit is ~~one~~	47925
three hundred ~~fifty~~ dollars.	47926

Sec. 4303.204. (A) The division of liquor control may issue	47927
an F-4 permit to an association or corporation organized	47928
not-for-profit in this state to conduct an event that includes the	47929
introduction, showcasing, or promotion of Ohio wines, if the event	47930
has all of the following characteristics:	47931

(1) It is coordinated by that association or corporation, and	47932
the association or corporation is responsible for the activities	47933
at it.	47934

(2) It has as one of its purposes the intent to introduce,	47935
showcase, or promote Ohio wines to persons who attend it.	47936

(3) It includes the sale of food for consumption on the	47937
premises where sold.	47938

(4) It features at least three A-2 permit holders who sell	47939
Ohio wine at it.	47940

(B) The holder of an F-4 permit may furnish, without charge,	47941
wine that it has obtained from the A-2 permit holders that are	47942
participating in the event for which the F-4 permit is issued, in	47943
two-ounce samples for consumption on the premises where furnished	47944
and may sell such wine by the glass for consumption on the	47945
premises where sold. The holder of an A-2 permit that is	47946
participating in the event for which the F-4 permit is issued may	47947
sell wine that it has manufactured, in sealed containers for	47948
consumption off the premises where sold. Wine may be furnished or	47949
sold on the premises of the event for which the F-4 permit is	47950
issued only where and when the sale of wine is otherwise permitted	47951
by law.	47952

(C) The premises of the event for which the F-4 permit is	47953
issued shall be clearly defined and sufficiently restricted to	47954
allow proper enforcement of the permit by state and local law	47955
enforcement officers. If an F-4 permit is issued for all or a	47956
portion of the same premises for which another class of permit is	47957
issued, that permit holder's privileges will be suspended in that	47958
portion of the premises in which the F-4 permit is in effect.	47959

(D) No F-4 permit shall be effective for more than	47960
seventy-two consecutive hours. No sales or furnishing of wine	47961
shall take place under an F-4 permit after one a.m.	47962

(E) The division shall not issue more than six F-4 permits to	47963
the same not-for-profit association or corporation in any one	47964
calendar year.	47965

(F) An applicant for an F-4 permit shall apply for the permit	47966
not later than thirty days prior to the first day of the event for	47967
which the permit is sought. The application for the permit shall	47968
list all of the A-2 permit holders that will participate in the	47969
event for which the F-4 permit is sought. The fee for the F-4	47970
permit is ~~thirty~~sixty dollars per day.	47971

The division shall prepare and make available an F-4 permit	47972
application form and may require applicants for and holders of the	47973
F-4 permit to provide information that is in addition to that	47974
required by this section and that is necessary for the	47975
administration of this section.	47976

(G)(1) The holder of an F-4 permit is responsible for, and is	47977
subject to penalties for, any violations of this chapter or	47978
Chapter 4301. of the Revised Code or the rules adopted under this	47979
and that chapter.	47980

(2) An F-4 permit holder shall not allow an A-2 permit holder	47981
to participate in the event for which the F-4 permit is issued if	47982
the A-2 or A-1-A permit of that A-2 permit holder is under	47983
suspension.	47984

(3) The division may refuse to issue an F-4 permit to an	47985
applicant who has violated any provision of this chapter or	47986
Chapter 4301. of the Revised Code during the applicant's previous	47987
operation under an F-4 permit, for a period of up to two years	47988
after the date of the violation.	47989

(H)(1) Notwithstanding division (E) of section 4301.22 of the	47990
Revised Code, an A-2 permit holder that participates in an event	47991
for which an F-4 permit is issued may donate wine that it has	47992
manufactured to the holder of that F-4 permit. The holder of an	47993
F-4 permit may return unused and sealed containers of wine to the	47994
A-2 permit holder that donated the wine at the conclusion of the	47995
event for which the F-4 permit was issued.	47996

(2) The participation by an A-2 permit holder or its	47997
employees in an event for which an F-4 permit is issued does not	47998
violate section 4301.24 of the Revised Code.	47999

Sec. 4303.205. (A) As used in this section:

48000

(1) "Festival" means an event organized by a nonprofit	48001
organization that includes food, music, and entertainment and the	48002
participation of at least five riverboats.	48003

(2) "Nonprofit organization" has the same meaning as in	48004
section 4303.201 of the Revised Code.	48005

(B) The division of liquor control may issue an F-5 permit to	48006
the owner or operator of a riverboat that has a capacity in excess	48007
of fifty-five persons, that is not regularly docked in this state,	48008
and whose owner or operator has entered into a written contract	48009
with a nonprofit organization for the riverboat to participate in	48010
a festival.	48011

(C) The holder of an F-5 permit may sell beer and any	48012
intoxicating liquor, only by the individual drink in glass and	48013
from the container, for consumption on the premises where sold	48014
until one a.m., on any day of the week, including Sunday.	48015

(D) The division shall prepare and make available an F-5	48016
permit application form and may require applicants for the permit	48017
to provide information, in addition to that required by this	48018
section, that is necessary for the administration of this section.	48019

(E) Sales under an F-5 permit are not affected by whether	48020
sales of beer or intoxicating liquor for consumption on the	48021
premises where sold are permitted to be made by persons holding	48022
another type of permit in the precinct or at the particular	48023
location where the riverboat is located.	48024

(F) No F-5 permit shall be in effect for more than six	48025
consecutive days.	48026

(G) The division shall not issue more than one F-5 permit in	48027
any one calendar year for the same riverboat.	48028

(H) The fee for an F-5 permit is one hundred eighty dollars.

48029

Sec. 4303.21. Permit G may be issued to the owner of a	48030
pharmacy in charge of a licensed pharmacist to be named in ~~such~~	48031
the permit for the sale at retail of alcohol for medicinal	48032
purposes in quantities at each sale of not more than one gallon	48033
upon the written prescription of a physician or dentist who is	48034
lawfully and regularly engaged in the practice of the physician's	48035
or dentist's profession in this state, and for the sale of	48036
industrial alcohol for mechanical, chemical, or scientific	48037
purposes to a person known by the seller to be engaged in ~~such~~	48038
mechanical, chemical, or scientific pursuits; all subject to	48039
section 4303.34 of the Revised Code. The fee for this permit if	48040
~~fifty~~is one hundred dollars.	48041

Sec. 4303.22. Permit H may be issued for a fee of ~~one~~three	48042
hundred ~~fifty~~ dollars to a carrier by motor vehicle who also holds	48043
a license issued by the public utilities commission to transport	48044
beer, intoxicating liquor, and alcohol, or any of them, in this	48045
state for delivery or use in this state. This section does not	48046
prevent the division of liquor control from contracting with	48047
common or contract carriers for the delivery or transportation of	48048
liquor for the division, and any contract or common carrier so	48049
contracting with the division is eligible for an H permit.	48050
Manufacturers or wholesale distributors of beer or intoxicating	48051
liquor other than spirituous liquor who transport or deliver their	48052
own products to or from their premises licensed under this chapter	48053
and Chapter 4301. of the Revised Code by their own trucks as an	48054
incident to the purchase or sale of such beverages need not obtain	48055
an H permit. Carriers by rail shall receive an H permit upon	48056
application for it.	48057

This section does not prevent the division from issuing, upon	48058
the payment of the permit fee, an H permit to any person,	48059
partnership, firm, or corporation licensed by any other state to	48060
engage in the business of manufacturing and brewing or producing	48061
beer, wine, and mixed beverages or any person, partnership, firm,	48062
or corporation licensed by the United States or any other state to	48063
engage in the business of importing beer, wine, and mixed	48064
beverages manufactured outside the United States. The	48065
manufacturer, brewer, or importer of products manufactured outside	48066
the United States, upon the issuance of an H permit, may	48067
transport, ship, and deliver only its own products to holders of	48068
B-1 or B-5 permits in Ohio in motor trucks and equipment owned and	48069
operated by such class H permit holder. No H permit shall be	48070
issued by the division to such applicant until the applicant files	48071
with the division a liability insurance certificate or policy	48072
satisfactory to the division, in a sum of not less than one	48073
thousand nor more than five thousand dollars for property damage	48074
and for not less than five thousand nor more than fifty thousand	48075
dollars for loss sustained by reason of injury or death and with	48076
such other terms as the division considers necessary to adequately	48077
protect the interest of the public, having due regard for the	48078
number of persons and amount of property affected. The certificate	48079
or policy shall insure the manufacturer, brewer, or importer of	48080
products manufactured outside the United States against loss	48081
sustained by reason of the death of or injury to persons, and for	48082
loss of or damage to property, from the negligence of such class H	48083
permit holder in the operation of its motor vehicles or equipment	48084
in this state.	48085

Sec. 4303.23. Permit I may be issued to wholesale druggists	48086
to purchase alcohol from the holders of A-3 permits and to import	48087
alcohol into ~~Ohio~~this state subject to ~~such~~ terms ~~as are~~ imposed	48088
by the division of liquor control; to sell at wholesale to	48089
physicians, dentists, druggists, veterinary surgeons,	48090
manufacturers, hospitals, infirmaries, and medical or educational	48091
institutions using such alcohol for medicinal, mechanical,	48092
chemical, or scientific purposes, and to holders of G permits for	48093
nonbeverage purposes only; and to sell alcohol at retail in total	48094
quantities at each sale of not more than one quart, upon the	48095
written prescription of a physician or dentist who is lawfully and	48096
regularly engaged in the practice of ~~his~~the physician's or	48097
dentist's profession in this state. The sale of alcohol under this	48098
section is subject to section 4303.34 of the Revised Code. The fee	48099
for this permit is ~~one~~two hundred dollars.	48100

"Wholesale druggists," as used in this, section includes all	48101
persons holding federal wholesale liquor dealers' licenses and who	48102
are engaged in the sale of medicinal drugs, proprietary medicines,	48103
and surgical and medical appliances and apparatus, at wholesale.	48104

Sec. 4303.231. Permit W may be issued to a manufacturer or	48105
supplier of beer or intoxicating liquor to operate a warehouse for	48106
the storage of beer or intoxicating liquor within this state and	48107
to sell ~~such~~those products from the warehouse only to holders of	48108
B permits in this state and to other customers outside this state	48109
under rules promulgated by the liquor control commission. Each	48110
holder of a B permit with a consent to import on file with the	48111
division of liquor control may purchase beer or intoxicating	48112
liquor if designated by the permit to make ~~such~~those purchases,	48113
from the holder of a W permit. The fee for a W permit is one	48114
thousand ~~two~~five hundred ~~fifty~~sixty-three dollars for each	48115
warehouse during the year covered by the permit.	48116

Sec. 4501.06. The taxes, fees, and fines levied, charged, or	48117
referred to in division (C)(1) of section 4503.10, division (D) of	48118
section 4503.182, and sections 4505.11, 4505.111, 4506.08,	48119
4506.09, 4507.23, 4508.05, 4923.12, and 5502.12 of the Revised	48120
Code, unless otherwise designated by law, shall be deposited in	48121
the state treasury to the credit of the state highway safety fund,	48122
which is hereby created, and shall, after receipt of	48123
certifications from the commissioners of the sinking fund	48124
certifying, as required by sections 5528.15 and 5528.35 of the	48125
Revised Code, that there are sufficient moneys to the credit of	48126
the highway improvement bond retirement fund created by section	48127
5528.12 of the Revised Code to meet in full all payments of	48128
interest, principal, and charges for the retirement of bonds and	48129
other obligations issued pursuant to Section 2g of Article VIII,	48130
Ohio Constitution, and sections 5528.10 and 5528.11 of the Revised	48131
Code due and payable during the current calendar year, and that	48132
there are sufficient moneys to the credit of the highway	48133
obligations bond retirement fund created by section 5528.32 of the	48134
Revised Code to meet in full all payments of interest, principal,	48135
and charges for the retirement of highway obligations issued	48136
pursuant to Section 2i of Article VIII, Ohio Constitution, and	48137
sections 5528.30 and 5528.31 of the Revised Code due and payable	48138
during the current calendar year, be used for the purpose of	48139
enforcing and paying the expenses of administering the law	48140
relative to the registration and operation of motor vehicles on	48141
the public roads or highways. Amounts credited to the fund may	48142
also be used to pay the expenses of administering and enforcing	48143
the laws under which such fees were collected. All investment	48144
earnings of the state highway safety fund shall be credited to the	48145
fund.	48146

Sec. 4503.06. (A) The owner of each manufactured or mobile	48147
home that has acquired situs in this state shall pay either a real	48148
property tax pursuant to Title LVII of the Revised Code or a	48149
manufactured home tax pursuant to division (C) of this section.	48150

(B) The owner of a manufactured or mobile home shall pay real	48151
property taxes if either of the following applies:	48152

(1) The manufactured or mobile home acquired situs in the	48153
state or ownership in the home was transferred on or after January	48154
1, 2000, and all of the following apply:	48155

(a) The home is affixed to a permanent foundation as defined	48156
in division (C)(5) of section 3781.06 of the Revised Code;	48157

(b) The home is located on land that is owned by the owner of	48158
the home;	48159

(c) The certificate of title has been inactivated by the	48160
clerk of the court of common pleas that issued it, pursuant to	48161
division (H) of section 4505.11 of the Revised Code.	48162

(2) The manufactured or mobile home acquired situs in the	48163
state or ownership in the home was transferred before January 1,	48164
2000, and all of the following apply:	48165

(a) The home is affixed to a permanent foundation as defined	48166
in division (C)(5) of section 3781.06 of the Revised Code;	48167

(b) The home is located on land that is owned by the owner of	48168
the home;	48169

(c) The owner of the home has elected to have the home taxed	48170
as real property and, pursuant to section 4505.11 of the Revised	48171
Code, has surrendered the certificate of title to the auditor of	48172
the county containing the taxing district in which the home has	48173
its situs, together with proof that all taxes have been paid;	48174

(d) The county auditor has placed the home on the real	48175
property tax list and delivered the certificate of title to the	48176
clerk of the court of common pleas that issued it and the clerk	48177
has inactivated the certificate.	48178

(C)(1) Any mobile or manufactured home that is not taxed as	48179
real property as provided in division (B) of this section is	48180
subject to an annual manufactured home tax, payable by the owner,	48181
for locating the home in this state. The tax as levied in this	48182
section is for the purpose of supplementing the general revenue	48183
funds of the local subdivisions in which the home has its situs	48184
pursuant to this section.	48185

(2) The year for which the manufactured home tax is levied	48186
commences on the first day of January and ends on the following	48187
thirty-first day of December. The state shall have the first lien	48188
on any manufactured or mobile home on the list for the amount of	48189
taxes, penalties, and interest charged against the owner of the	48190
home under this section. The lien of the state for the tax for a	48191
year shall attach on the first day of January to a home that has	48192
acquired situs on that date. The lien for a home that has not	48193
acquired situs on the first day of January, but that acquires	48194
situs during the year, shall attach on the next first day of	48195
January. The lien shall continue until the tax, including any	48196
penalty or interest, is paid.	48197

(3)(a) The situs of a manufactured or mobile home located in	48198
this state on the first day of January is the local taxing	48199
district in which the home is located on that date.	48200

(b) The situs of a manufactured or mobile home not located in	48201
this state on the first day of January, but located in this state	48202
subsequent to that date, is the local taxing district in which the	48203
home is located thirty days after it is acquired or first enters	48204
this state.	48205

(4) The tax is collected by and paid to the county treasurer	48206
of the county containing the taxing district in which the home has	48207
its situs.	48208

(D) The manufactured home tax shall be computed and assessed	48209
by the county auditor of the county containing the taxing district	48210
in which the home has its situs as follows:	48211

(1) On a home that acquired situs in this state prior to	48212
January 1, 2000;	48213

(a) By multiplying the assessable value of the home by the	48214
tax rate of the taxing district in which the home has its situs,	48215
and deducting from the product thus obtained any reduction	48216
authorized under section 4503.065 of the Revised Code. The tax	48217
levied under this formula shall not be less than thirty-six	48218
dollars, unless the home qualifies for a reduction in assessable	48219
value under section 4503.065 of the Revised Code, in which case	48220
there shall be no minimum tax and the tax shall be the amount	48221
calculated under this division.	48222

(b) The assessable value of the home shall be forty per cent	48223
of the amount arrived at by the following computation:	48224

(i) If the cost to the owner, or market value at time of	48225
purchase, whichever is greater, of the home includes the	48226
furnishings and equipment, such cost or market value shall be	48227
multiplied according to the following schedule:	48228

For the first calendar year			48229
in which the			48230
home is owned by the			48231
current owner		80%	48232
2nd calendar year	x	75%	48233
3rd "	x	70%	48234
4th "	x	65%	48235
5th "	x	60%	48236
6th "	x	55%	48237
7th "	x	50%	48238
8th "	x	45%	48239
9th "	x	40%	48240
10th and each year thereafter		35%	48241

The first calendar year means any period between the first	48242
day of January and the thirty-first day of December of the first	48243
year.	48244

(ii) If the cost to the owner, or market value at the time of	48245
purchase, whichever is greater, of the home does not include the	48246
furnishings and equipment, such cost or market value shall be	48247
multiplied according to the following schedule:	48248

For the first calendar year			48249
in which the			48250
home is owned by the			48251
current owner		95%	48252
2nd calendar year	x	90%	48253
3rd "	x	85%	48254
4th "	x	80%	48255
5th "	x	75%	48256
6th "	x	70%	48257
7th "	x	65%	48258
8th "	x	60%	48259
9th "	x	55%	48260
10th and each year thereafter		50%	48261

The first calendar year means any period between the first	48262
day of January and the thirty-first day of December of the first	48263
year.	48264

(2) On a home in which ownership was transferred or that	48265
first acquired situs in this state on or after January 1, 2000:	48266

(a) By multiplying the assessable value of the home by the	48267
effective tax rate, as defined in section 323.08 of the Revised	48268
Code, for residential real property of the taxing district in	48269
which the home has its situs, and deducting from the product thus	48270
obtained the reductions required or authorized under section	48271
319.302, division (B) of section 323.152, or section 4503.065 of	48272
the Revised Code.	48273

(b) The assessable value of the home shall be thirty-five per	48274
cent of its true value as determined under division (L) of this	48275
section.	48276

(3) On or before the fifteenth day of January each year, the	48277
auditor shall record the assessable value and the amount of tax on	48278
the manufactured or mobile home on the tax list and deliver a	48279
duplicate of the list to the county treasurer. In the case of an	48280
emergency as defined in section 323.17 of the Revised Code, the	48281
tax commissioner, by journal entry, may extend the times for	48282
delivery of the duplicate for an additional fifteen days upon	48283
receiving a written application from the county auditor regarding	48284
an extension for the delivery of the duplicate, or from the county	48285
treasurer regarding an extension of the time for the billing and	48286
collection of taxes. The application shall contain a statement	48287
describing the emergency that will cause the unavoidable delay and	48288
must be received by the tax commissioner on or before the last day	48289
of the month preceding the day delivery of the duplicate is	48290
otherwise required. When an extension is granted for delivery of	48291
the duplicate, the time period for payment of taxes shall be	48292
extended for a like period of time. When a delay in the closing of	48293
a tax collection period becomes unavoidable, the tax commissioner,	48294
upon application by the county auditor and county treasurer, may	48295
order the time for payment of taxes to be extended if the tax	48296
commissioner determines that penalties have accrued or would	48297
otherwise accrue for reasons beyond the control of the taxpayers	48298
of the county. The order shall prescribe the final extended date	48299
for payment of taxes for that collection period.	48300

(4) After January 1, 1999, the owner of a manufactured or	48301
mobile home taxed pursuant to division (D)(1) of this section may	48302
elect to have the home taxed pursuant to division (D)(2) of this	48303
section by filing a written request with the county auditor of the	48304
taxing district in which the home is located on or before the	48305
first day of December of any year. Upon the filing of the request,	48306
the county auditor shall determine whether all taxes levied under	48307
division (D)(1) of this section have been paid, and if those taxes	48308
have been paid, the county auditor shall tax the manufactured or	48309
mobile home pursuant to division (D)(2) of this section commencing	48310
in the next tax year.	48311

(5) A manufactured or mobile home that acquired situs in this	48312
state prior to January 1, 2000, shall be taxed pursuant to	48313
division (D)(2) of this section if no manufactured home tax had	48314
been paid for the home and the home was not exempted from taxation	48315
pursuant to division (E) of this section for the year for which	48316
the taxes were not paid.	48317

(6)(a) Immediately upon receipt of any manufactured home tax	48318
duplicate from the county auditor, but not less than twenty days	48319
prior to the last date on which the first one-half taxes may be	48320
paid without penalty as prescribed in division (F) of this	48321
section, the county treasurer shall cause to be prepared and	48322
mailed or delivered to each person charged on that duplicate with	48323
taxes, or to an agent designated by such person, the tax bill	48324
prescribed by the tax commissioner under division (D)(7) of this	48325
section. When taxes are paid by installments, the county treasurer	48326
shall mail or deliver to each person charged on such duplicate or	48327
the agent designated by such person a second tax bill showing the	48328
amount due at the time of the second tax collection. The second	48329
half tax bill shall be mailed or delivered at least twenty days	48330
prior to the close of the second half tax collection period. A	48331
change in the mailing address of any tax bill shall be made in	48332
writing to the county treasurer. Failure to receive a bill	48333
required by this section does not excuse failure or delay to pay	48334
any taxes shown on the bill or, except as provided in division	48335
~~(A)~~(B)(1) of section 5715.39 of the Revised Code, avoid any	48336
penalty, interest, or charge for such delay.	48337

(b) After delivery of the copy of the delinquent manufactured	48338
home tax list under division (H) of this section, the county	48339
treasurer may prepare and mail to each person in whose name a home	48340
is listed an additional tax bill showing the total amount of	48341
delinquent taxes charged against the home as shown on the list.	48342
The tax bill shall include a notice that the interest charge	48343
prescribed by division (G) of this section has begun to accrue.	48344

(7) Each tax bill prepared and mailed or delivered under	48345
division (D)(6) of this section shall be in the form and contain	48346
the information required by the tax commissioner. The commissioner	48347
may prescribe different forms for each county and may authorize	48348
the county auditor to make up tax bills and tax receipts to be	48349
used by the county treasurer. The tax bill shall not contain or be	48350
mailed or delivered with any information or material that is not	48351
required by this section or that is not authorized by section	48352
321.45 of the Revised Code or by the tax commissioner. In addition	48353
to the information required by the commissioner, each tax bill	48354
shall contain the following information:	48355

(a) The taxes levied and the taxes charged and payable	48356
against the manufactured or mobile home;	48357

(b) The following notice: "Notice: If the taxes are not paid	48358
within sixty days after the county auditor delivers the delinquent	48359
manufactured home tax list to the county treasurer, you and your	48360
home may be subject to collection proceedings for tax	48361
delinquency." Failure to provide such notice has no effect upon	48362
the validity of any tax judgment to which a home may be subjected.	48363

(c) In the case of manufactured or mobile homes taxed under	48364
division (D)(2) of this section, the following additional	48365
information:	48366

(i) The effective tax rate. The words "effective tax rate"	48367
shall appear in boldface type.	48368

(ii) The following notice: "Notice: If the taxes charged	48369
against this home have been reduced by the 2-1/2 per cent tax	48370
reduction for residences occupied by the owner but the home is not	48371
a residence occupied by the owner, the owner must notify the	48372
county auditor's office not later than March 31 of the year for	48373
which the taxes are due. Failure to do so may result in the owner	48374
being convicted of a fourth degree misdemeanor, which is	48375
punishable by imprisonment up to 30 days, a fine up to $250, or	48376
both, and in the owner having to repay the amount by which the	48377
taxes were erroneously or illegally reduced, plus any interest	48378
that may apply.	48379

If the taxes charged against this home have not been reduced	48380
by the 2-1/2 per cent tax reduction and the home is a residence	48381
occupied by the owner, the home may qualify for the tax reduction.	48382
To obtain an application for the tax reduction or further	48383
information, the owner may contact the county auditor's office at	48384
.......... (insert the address and telephone number of the county	48385
auditor's office)."	48386

(E)(1) A manufactured or mobile home is not subject to this	48387
section when any of the following applies:	48388

(a) It is taxable as personal property pursuant to section	48389
5709.01 of the Revised Code. Any manufactured or mobile home that	48390
is used as a residence shall be subject to this section and shall	48391
not be taxable as personal property pursuant to section 5709.01 of	48392
the Revised Code.	48393

(b) It bears a license plate issued by any state other than	48394
this state unless the home is in this state in excess of an	48395
accumulative period of thirty days in any calendar year.	48396

(c) The annual tax has been paid on the home in this state	48397
for the current year.	48398

(d) The tax commissioner has determined, pursuant to section	48399
5715.27 of the Revised Code, that the property is exempt from	48400
taxation, or would be exempt from taxation under Chapter 5709. of	48401
the Revised Code if it were classified as real property.	48402

(2) A travel trailer or park trailer, as these terms are	48403
defined in section 4501.01 of the Revised Code, is not subject to	48404
this section if it is unused or unoccupied and stored at the	48405
owner's normal place of residence or at a recognized storage	48406
facility.	48407

(3) A travel trailer or park trailer, as these terms are	48408
defined in section 4501.01 of the Revised Code, is subject to this	48409
section and shall be taxed as a manufactured or mobile home if it	48410
has a situs longer than thirty days in one location and is	48411
connected to existing utilities, unless either of the following	48412
applies:	48413

(a) The situs is in a state facility or a camping or park	48414
area as defined in division (B), (G), (H), or (R) of section	48415
3733.01 of the Revised Code;	48416

(b) The situs is in a camping or park area that is a tract of	48417
land that has been limited to recreational use by deed or zoning	48418
restrictions and subdivided for sale of five or more individual	48419
lots for the express or implied purpose of occupancy by either	48420
self-contained recreational vehicles as defined in division (E) of	48421
section 3733.01 of the Revised Code or by dependent recreational	48422
vehicles as defined in division (F) of section 3733.01 of the	48423
Revised Code.	48424

(F) Except as provided in division (D)(3) of this section,	48425
the manufactured home tax is due and payable as follows:	48426

(1) When a manufactured or mobile home has a situs in this	48427
state, as provided in this section, on the first day of January,	48428
one-half of the amount of the tax is due and payable on or before	48429
the first day of March and the balance is due and payable on or	48430
before the thirty-first day of July. At the option of the owner of	48431
the home, the tax for the entire year may be paid in full on the	48432
first day of March.	48433

(2) When a manufactured or mobile home first acquires a situs	48434
in this state after the first day of January, no tax is due and	48435
payable for that year.	48436

(G)(1) If one-half of the current taxes charged under this	48437
section against a manufactured or mobile home, together with the	48438
full amount of any delinquent taxes or any installment thereof	48439
required to be paid under a written undertaking, are not paid on	48440
or before the thirty-first day of January in that year, or on or	48441
before the last day for such payment as extended pursuant to	48442
section 4503.063 of the Revised Code, a penalty of ten per cent	48443
shall be charged against the unpaid balance of such half of the	48444
current taxes. If the total amount of all such taxes is not paid	48445
on or before the thirty-first day of July, next thereafter, or on	48446
or before the last day for such payment as extended pursuant to	48447
section 4503.063 of the Revised Code, a like penalty shall be	48448
charged on the balance of the total amount of such unpaid current	48449
taxes.	48450

(2)(a) On the first day of the month following the last day	48451
the second installment of taxes may be paid without penalty	48452
beginning in 2000, interest shall be charged against and computed	48453
on all delinquent taxes other than the current taxes that became	48454
delinquent taxes at the close of the last day such second	48455
installment could be paid without penalty. The charge shall be for	48456
interest that accrued during the period that began on the	48457
preceding first day of December and ended on the last day of the	48458
month that included the last date such second installment could be	48459
paid without penalty. The interest shall be computed at the rate	48460
per annum prescribed by section 5703.47 of the Revised Code and	48461
shall be entered as a separate item on the delinquent manufactured	48462
home tax list compiled under division (H) of this section.	48463

(b) On the first day of December beginning in 2000, the	48464
interest shall be charged against and computed on all delinquent	48465
taxes. The charge shall be for interest that accrued during the	48466
period that began on the first day of the month following the last	48467
date prescribed for the payment of the second installment of taxes	48468
in the current year and ended on the immediately preceding last	48469
day of November. The interest shall be computed at the rate per	48470
annum prescribed by section 5703.47 of the Revised Code and shall	48471
be entered as a separate item on the delinquent manufactured home	48472
tax list.	48473

(c) After a valid undertaking has been entered into for the	48474
payment of any delinquent taxes, no interest shall be charged	48475
against such delinquent taxes while the undertaking remains in	48476
effect in compliance with section 323.31 of the Revised Code. If a	48477
valid undertaking becomes void, interest shall be charged against	48478
the delinquent taxes for the periods that interest was not	48479
permitted to be charged while the undertaking was in effect. The	48480
interest shall be charged on the day the undertaking becomes void	48481
and shall equal the amount of interest that would have been	48482
charged against the unpaid delinquent taxes outstanding on the	48483
dates on which interest would have been charged thereon under	48484
divisions (G)(1) and (2) of this section had the undertaking not	48485
been in effect.	48486

(3) If the full amount of the taxes due at either of the	48487
times prescribed by division (F) of this section is paid within	48488
ten days after such time, the county treasurer shall waive the	48489
collection of and the county auditor shall remit one-half of the	48490
penalty provided for in this division for failure to make that	48491
payment by the prescribed time.	48492

(4) The treasurer shall compile and deliver to the county	48493
auditor a list of all tax payments the treasurer has received as	48494
provided in division (G)(3) of this section. The list shall	48495
include any information required by the auditor for the remission	48496
of the penalties waived by the treasurer. The taxes so collected	48497
shall be included in the settlement next succeeding the settlement	48498
then in process.	48499

(H)(1) Beginning in 2000, the county auditor shall compile	48500
annually a "delinquent manufactured home tax list" consisting of	48501
homes the county treasurer's records indicate have taxes that were	48502
not paid within the time prescribed by divisions (D)(3) and (F) of	48503
this section, have taxes that remain unpaid from prior years, or	48504
have unpaid tax penalties or interest that have been assessed.	48505

(2) Within thirty days after the settlement under division	48506
(H)(2) of section 321.24 of the Revised Code beginning in 2000,	48507
the county auditor shall deliver a copy of the delinquent	48508
manufactured home tax list to the county treasurer. The auditor	48509
shall update and publish the delinquent manufactured home tax list	48510
annually in the same manner as delinquent real property tax lists	48511
are published. The county auditor shall apportion the cost of	48512
publishing the list among taxing districts in proportion to the	48513
amount of delinquent manufactured home taxes so published that	48514
each taxing district is entitled to receive upon collection of	48515
those taxes.	48516

(3) When taxes, penalties, or interest are charged against a	48517
person on the delinquent manufactured home tax list and are not	48518
paid within sixty days after the list is delivered to the county	48519
treasurer, the county treasurer shall, in addition to any other	48520
remedy provided by law for the collection of taxes, penalties, and	48521
interest, enforce collection of such taxes, penalties, and	48522
interest by civil action in the name of the treasurer against the	48523
owner for the recovery of the unpaid taxes following the	48524
procedures for the recovery of delinquent real property taxes in	48525
sections 323.25 to 323.28 of the Revised Code. The action may be	48526
brought in municipal or county court, provided the amount charged	48527
does not exceed the monetary limitations for original jurisdiction	48528
for civil actions in those courts.	48529

It is sufficient, having made proper parties to the suit, for	48530
the treasurer to allege in the treasurer's bill of particulars or	48531
petition that the taxes stand chargeable on the books of the	48532
county treasurer against such person, that they are due and	48533
unpaid, and that such person is indebted in the amount of taxes	48534
appearing to be due the county. The treasurer need not set forth	48535
any other matter relating thereto. If it is found on the trial of	48536
the action that the person is indebted to the state, judgment	48537
shall be rendered in favor of the treasurer prosecuting the	48538
action. The judgment debtor is not entitled to the benefit of any	48539
law for stay of execution or exemption of property from levy or	48540
sale on execution in the enforcement of the judgment.	48541

(I) The total amount of taxes collected shall be distributed	48542
in the following manner: four per cent shall be allowed as	48543
compensation to the county auditor for the county auditor's	48544
service in assessing the taxes; two per cent shall be allowed as	48545
compensation to the county treasurer for the services the county	48546
treasurer renders as a result of the tax levied by this section.	48547
Such amounts shall be paid into the county treasury, to the credit	48548
of the county general revenue fund, on the warrant of the county	48549
auditor. Fees to be paid to the credit of the real estate	48550
assessment fund shall be collected pursuant to division (B) of	48551
section 319.54 of the Revised Code and paid into the county	48552
treasury, on the warrant of the county auditor. The balance of the	48553
taxes collected shall be distributed among the taxing subdivisions	48554
of the county in which the taxes are collected and paid in the	48555
same ratio as those taxes were collected for the benefit of the	48556
taxing subdivision. The taxes levied and revenues collected under	48557
this section shall be in lieu of any general property tax and any	48558
tax levied with respect to the privilege of using or occupying a	48559
manufactured or mobile home in Ohio except as provided in sections	48560
4503.04 and 5741.02 of the Revised Code.	48561

(J) An agreement to purchase or a bill of sale for a	48562
manufactured home shall show whether or not the furnishings and	48563
equipment are included in the purchase price.	48564

(K) If the county treasurer and the county prosecuting	48565
attorney agree that an item charged on the delinquent manufactured	48566
home tax list is uncollectible, they shall certify that	48567
determination and the reasons to the county board of revision. If	48568
the board determines the amount is uncollectible, it shall certify	48569
its determination to the county auditor, who shall strike the item	48570
from the list.	48571

(L)(1) The county auditor shall appraise at its true value	48572
any manufactured or mobile home in which ownership is transferred	48573
or which first acquires situs in this state on or after January 1,	48574
2000, and any manufactured or mobile home the owner of which has	48575
elected, under division (D)(4) of this section, to have the home	48576
taxed under division (D)(2) of this section. The true value shall	48577
include the value of the home, any additions, and any fixtures,	48578
but not any furnishings in the home. In determining the true value	48579
of a manufactured or mobile home, the auditor shall consider all	48580
facts and circumstances relating to the value of the home,	48581
including its age, its capacity to function as a residence, any	48582
obsolete characteristics, and other factors that may tend to prove	48583
its true value.	48584

(2)(a) If a manufactured or mobile home has been the subject	48585
of an arm's length sale between a willing seller and a willing	48586
buyer within a reasonable length of time prior to the	48587
determination of true value, the auditor shall consider the sale	48588
price of the home to be the true value for taxation purposes.	48589

(b) The sale price in an arm's length transaction between a	48590
willing seller and a willing buyer shall not be considered the	48591
true value of the home if either of the following occurred after	48592
the sale:	48593

(i) The home has lost value due to a casualty;

48594

(ii) An addition or fixture has been added to the home.

48595

(3) The auditor shall have each home viewed and appraised at	48596
least once in each six-year period in the same year in which real	48597
property in the county is appraised pursuant to Chapter 5713. of	48598
the Revised Code, and shall update the appraised values in the	48599
third calendar year following the appraisal. The person viewing or	48600
appraising a home may enter the home to determine by actual view	48601
any additions or fixtures that have been added since the last	48602
appraisal. In conducting the appraisals and establishing the true	48603
value, the auditor shall follow the procedures set forth for	48604
appraising real property in sections 5713.01 and 5713.03 of the	48605
Revised Code.	48606

(4) The auditor shall place the true value of each home on	48607
the manufactured home tax list upon completion of an appraisal.	48608

(5)(a) If the auditor changes the true value of a home, the	48609
auditor shall notify the owner of the home in writing, delivered	48610
by mail or in person. The notice shall be given at least thirty	48611
days prior to the issuance of any tax bill that reflects the	48612
change. Failure to receive the notice does not invalidate any	48613
proceeding under this section.	48614

(b) Any owner of a home or any other person or party listed	48615
in division (A)(1) of section 5715.19 of the Revised Code may file	48616
a complaint against the true value of the home as appraised under	48617
this section. The complaint shall be filed with the county auditor	48618
on or before the thirty-first day of March of the current tax year	48619
or the date of closing of the collection for the first half of	48620
manufactured home taxes for the current tax year, whichever is	48621
later. The auditor shall present to the county board of revision	48622
all complaints filed with the auditor under this section. The	48623
board shall hear and investigate the complaint and may take action	48624
on it as provided under sections 5715.11 to 5715.19 of the Revised	48625
Code.	48626

(c) If the county board of revision determines, pursuant to a	48627
complaint against the valuation of a manufactured or mobile home	48628
filed under this section, that the amount of taxes, assessments,	48629
or other charges paid was in excess of the amount due based on the	48630
valuation as finally determined, then the overpayment shall be	48631
refunded in the manner prescribed in section 5715.22 of the	48632
Revised Code.	48633

(d) Payment of all or part of a tax under this section for	48634
any year for which a complaint is pending before the county board	48635
of revision does not abate the complaint or in any way affect the	48636
hearing and determination thereof.	48637

(M) If the county auditor determines that any tax,	48638
assessment, charge, or any part thereof has been erroneously	48639
charged as a result of a clerical error as defined in section	48640
319.35 of the Revised Code, the county treasurer and the county	48641
board of revision shall remove the erroneous charges on the	48642
manufactured home tax list or delinquent manufactured home tax	48643
list, and refund any erroneous charges that have been collected,	48644
with interest, in the same manner as is prescribed in section	48645
319.36 of the Revised Code for erroneous charges against real	48646
property.	48647

(N) As used in this section and section 4503.061 of the	48648
Revised Code:	48649

(1) "Manufactured home taxes" includes taxes, penalties, and	48650
interest charged under division (C) or (G) of this section and any	48651
penalties charged under division (G) or (H)(5) of section 4503.061	48652
of the Revised Code.	48653

(2) "Current taxes" means all manufactured home taxes charged	48654
against a manufactured or mobile home that have not appeared on	48655
the manufactured home tax list for any prior year. Current taxes	48656
become delinquent taxes if they remain unpaid after the last day	48657
prescribed for payment of the second installment of current taxes	48658
without penalty, whether or not they have been certified	48659
delinquent.	48660

(3) "Delinquent taxes" means:

48661

(a) Any manufactured home taxes that were charged against a	48662
manufactured or mobile home for a prior year, including any	48663
penalties or interest charged for a prior year, and that remain	48664
unpaid;	48665

(b) Any current manufactured home taxes charged against a	48666
manufactured or mobile home that remain unpaid after the last day	48667
prescribed for payment of the second installment of current taxes	48668
without penalty, whether or not they have been certified	48669
delinquent, including any penalties or interest.	48670

Sec. 4503.101. (A) The registrar of motor vehicles shall	48671
adopt rules to establish a system of motor vehicle registration	48672
based upon the type of vehicle to be registered, the type of	48673
ownership of the vehicle, the class of license plate to be issued,	48674
and any other factor the registrar determines to be relevant.	48675
Except for commercial cars, buses, trailers, and semitrailers	48676
taxed under section 4503.042 of the Revised Code; except for	48677
rental vehicles owned by motor vehicle renting dealers; and except	48678
as otherwise provided by rule, motor vehicles owned by an	48679
individual shall be registered based upon the motor vehicle	48680
owner's date of birth. Beginning with the 2004 registration year,	48681
the registrar shall assign motor vehicles to the registration	48682
periods established by rules adopted under this section.	48683

(B) The registrar shall adopt rules to permit motor vehicle	48684
owners residing together at one address to select the date of	48685
birth of any one of the owners as the date to register any or all	48686
of the vehicles at that residence address, as shown in the records	48687
of the bureau of motor vehicles.	48688

(C) The registrar shall adopt rules to assign and reassign	48689
all commercial cars, ~~buses,~~ trailers, and semitrailers taxed under	48690
section 4503.042 of the Revised Code and all rental vehicles owned	48691
by motor vehicle renting dealers to a system of registration so	48692
that the registrations of approximately one-twelfth of all such	48693
vehicles expire on the last day of each month of a calendar year.	48694
To effect a reassignment from the registration period in effect on	48695
~~the effective date of this amendment~~June 30, 2003, to the new	48696
registration periods established by the rules adopted under this	48697
section as amended, the rules may require the motor vehicle to be	48698
registered for more or less than a twelve-month period at the time	48699
the motor vehicle's registration is subject to its initial renewal	48700
following the effective date of such rules. If necessary to effect	48701
an efficient transition, the rules may provide that the	48702
registration reassignments take place over two consecutive	48703
registration periods. The registration taxes to be charged shall	48704
be determined by the registrar on the basis of the annual tax	48705
otherwise due on the motor vehicle, prorated in accordance with	48706
the number of months for which the motor vehicle is registered,	48707
except that the fee established by division (C)(1) of section	48708
4503.10 of the Revised Code shall be collected in full for each	48709
renewal that occurs during the transition period and shall not be	48710
prorated.	48711

(D) The registrar shall adopt rules to permit any commercial	48712
motor vehicle owner or motor vehicle renting dealer who owns two	48713
or more motor vehicles to request the registrar to permit the	48714
owner to separate the owner's fleet into up to four divisions for	48715
assignment to separate dates upon which to register the vehicles,	48716
provided that the registrar may disapprove any such request	48717
whenever the registrar has reason to believe that an uneven	48718
distribution of registrations throughout the calendar year has	48719
developed or is likely to develop.	48720

(E) Every owner or lessee of a motor vehicle holding a	48721
certificate of registration shall notify the registrar of any	48722
change of the owner's or lessee's correct address within ten days	48723
after the change occurs. The notification shall be in writing on a	48724
form provided by the registrar or by electronic means approved by	48725
the registrar and shall include the full name, date of birth if	48726
applicable, license number, county of residence or place of	48727
business, social security account number of an individual or	48728
federal tax identification number of a business, and new address.	48729

(F) As used in this section, "motor vehicle renting dealer"	48730
has the same meaning as in section 4549.65 of the Revised Code.	48731

Sec. 4503.103. (A)(1)(a) The registrar of motor vehicles may	48732
adopt rules to permit any person or lessee, other than a person	48733
receiving an apportioned license plate under the international	48734
registration plan, who owns or leases one or more motor vehicles	48735
to file a written application for registration for no more than	48736
five succeeding registration years. The rules adopted by the	48737
registrar may designate the classes of motor vehicles that are	48738
eligible for such registration. At the time of application, all	48739
annual taxes and fees shall be paid for each year for which the	48740
person is registering.	48741

(b) ~~The~~(i) Except as provided in division (A)(1)(b)(ii) of	48742
this section, the registrar shall adopt rules to permit any	48743
person~~, other than a person receiving an apportioned license plate~~	48744
~~under the international registration plan and other than the owner~~	48745
~~of a commercial car used solely in intrastate commerce,~~ who owns a	48746
motor vehicle to file an application for registration for the next	48747
two succeeding registration years. At the time of application, the	48748
person shall pay the annual taxes and fees for each registration	48749
year, calculated in accordance with division (C) of section	48750
4503.11 of the Revised Code. A person who is registering a vehicle	48751
under division (A)(1)(b) of this section shall pay for each year	48752
of registration the additional fee established under division	48753
(C)(1) of section 4503.10 of the Revised Code. The person shall	48754
also pay one and one-half times the amount of the deputy registrar	48755
service fee specified in division (D) of section 4503.10 of the	48756
Revised Code or the bureau of motor vehicles service fee specified	48757
in division (G) of that section, as applicable.	48758

(ii) Division (A)(1)(b)(i) of this section does not apply to	48759
a person receiving an apportioned license plate under the	48760
international registration plan, or the owner of a commercial car	48761
used solely in intrastate commerce, or the owner of a bus as	48762
defined in section 4513.50 of the Revised Code.	48763

(2) No person applying for a multi-year registration under	48764
division (A)(1) of this section is entitled to a refund of any	48765
taxes or fees paid.	48766

(3) The registrar shall not issue to any applicant who has	48767
been issued a final, nonappealable order under division (B) of	48768
this section a multi-year registration or renewal thereof under	48769
this division or rules adopted under it for any motor vehicle that	48770
is required to be inspected under section 3704.14 of the Revised	48771
Code the district of registration of which, as determined under	48772
section 4503.10 of the Revised Code, is or is located in the	48773
county named in the order.	48774

(B) Upon receipt from the director of environmental	48775
protection of a notice issued under division (J) of section	48776
3704.14 of the Revised Code indicating that an owner of a motor	48777
vehicle that is required to be inspected under that section who	48778
obtained a multi-year registration for the vehicle under division	48779
(A) of this section or rules adopted under that division has not	48780
obtained an inspection certificate for the vehicle in accordance	48781
with that section in a year intervening between the years of	48782
issuance and expiration of the multi-year registration in which	48783
the owner is required to have the vehicle inspected and obtain an	48784
inspection certificate for it under division (F)(1)(a) of that	48785
section, the registrar in accordance with Chapter 119. of the	48786
Revised Code shall issue an order to the owner impounding the	48787
certificate of registration and identification license plates for	48788
the vehicle. The order also shall prohibit the owner from	48789
obtaining or renewing a multi-year registration for any vehicle	48790
that is required to be inspected under that section, the district	48791
of registration of which is or is located in the same county as	48792
the county named in the order during the number of years after	48793
expiration of the current multi-year registration that equals the	48794
number of years for which the current multi-year registration was	48795
issued.	48796

An order issued under this division shall require the owner	48797
to surrender to the registrar the certificate of registration and	48798
license plates for the vehicle named in the order within five days	48799
after its issuance. If the owner fails to do so within that time,	48800
the registrar shall certify that fact to the county sheriff or	48801
local police officials who shall recover the certificate of	48802
registration and license plates for the vehicle.	48803

(C) Upon the occurrence of either of the following	48804
circumstances, the registrar in accordance with Chapter 119. of	48805
the Revised Code shall issue to the owner a modified order	48806
rescinding the provisions of the order issued under division (B)	48807
of this section impounding the certificate of registration and	48808
license plates for the vehicle named in that original order:	48809

(1) Receipt from the director of environmental protection of	48810
a subsequent notice under division (J) of section 3704.14 of the	48811
Revised Code that the owner has obtained the inspection	48812
certificate for the vehicle as required under division (F)(1)(a)	48813
of that section;	48814

(2) Presentation to the registrar by the owner of the	48815
required inspection certificate for the vehicle.	48816

(D) The owner of a motor vehicle for which the certificate of	48817
registration and license plates have been impounded pursuant to an	48818
order issued under division (B) of this section, upon issuance of	48819
a modified order under division (C) of this section, may apply to	48820
the registrar for their return. A fee of two dollars and fifty	48821
cents shall be charged for the return of the certificate of	48822
registration and license plates for each vehicle named in the	48823
application.	48824

Sec. 4505.06. (A)(1) Application for a certificate of title	48825
shall be made in a form prescribed by the registrar of motor	48826
vehicles and shall be sworn to before a notary public or other	48827
officer empowered to administer oaths. The application shall be	48828
filed with the clerk of any court of common pleas. An application	48829
for a certificate of title may be filed electronically by any	48830
electronic means approved by the registrar in any county with the	48831
clerk of the court of common pleas of that county. Any payments	48832
required by this chapter shall be considered as accompanying any	48833
electronically transmitted application when payment actually is	48834
received by the clerk. Payment of any fee or taxes may be made by	48835
electronic transfer of funds.	48836

(2) The application for a certificate of title shall be	48837
accompanied by the fee prescribed in section 4505.09 of the	48838
Revised Code. The fee shall be retained by the clerk who issues	48839
the certificate of title and shall be distributed in accordance	48840
with that section. If a clerk of a court of common pleas, other	48841
than the clerk of the court of common pleas of an applicant's	48842
county of residence, issues a certificate of title to the	48843
applicant, the clerk shall transmit data related to the	48844
transaction to the automated title processing system.	48845

(3) If a certificate of title previously has been issued for	48846
a motor vehicle in this state, the application for a certificate	48847
of title also shall be accompanied by that certificate of title	48848
duly assigned, unless otherwise provided in this chapter. If a	48849
certificate of title previously has not been issued for the motor	48850
vehicle in this state, the application, unless otherwise provided	48851
in this chapter, shall be accompanied by a manufacturer's or	48852
importer's certificate or by a certificate of title of another	48853
state from which the motor vehicle was brought into this state. If	48854
the application refers to a motor vehicle last previously	48855
registered in another state, the application also shall be	48856
accompanied by the physical inspection certificate required by	48857
section 4505.061 of the Revised Code. If the application is made	48858
by two persons regarding a motor vehicle in which they wish to	48859
establish joint ownership with right of survivorship, they may do	48860
so as provided in section 2131.12 of the Revised Code. If the	48861
applicant requests a designation of the motor vehicle in	48862
beneficiary form so that upon the death of the owner of the motor	48863
vehicle, ownership of the motor vehicle will pass to a designated	48864
transfer-on-death beneficiary or beneficiaries, the applicant may	48865
do so as provided in section 2131.13 of the Revised Code. A person	48866
who establishes ownership of a motor vehicle that is transferable	48867
on death in accordance with section 2131.13 of the Revised Code	48868
may terminate that type of ownership or change the designation of	48869
the transfer-on-death beneficiary or beneficiaries by applying for	48870
a certificate of title pursuant to this section. The clerk shall	48871
retain the evidence of title presented by the applicant and on	48872
which the certificate of title is issued, except that, if an	48873
application for a certificate of title is filed electronically by	48874
an electronic motor vehicle dealer on behalf of the purchaser of a	48875
motor vehicle, the clerk shall retain the completed electronic	48876
record to which the dealer converted the certificate of title	48877
application and other required documents. ~~The electronic motor~~	48878
~~vehicle dealer shall forward the actual application and all other~~	48879
~~documents relating to the sale of the motor vehicle to any clerk~~	48880
~~within thirty days after the certificate of title is issued.~~ The	48881
registrar, after consultation with the attorney general, shall	48882
adopt rules that govern the location at which, and the manner in	48883
which, are stored the actual application and all other documents	48884
relating to the sale of a motor vehicle when an electronic motor	48885
vehicle dealer files the application for a certificate of title	48886
electronically on behalf of the purchaser.	48887

The clerk shall use reasonable diligence in ascertaining	48888
whether or not the facts in the application for a certificate of	48889
title are true by checking the application and documents	48890
accompanying it or the electronic record to which a dealer	48891
converted the application and accompanying documents with the	48892
records of motor vehicles in the clerk's office. If the clerk is	48893
satisfied that the applicant is the owner of the motor vehicle and	48894
that the application is in the proper form, the clerk, within five	48895
business days after the application is filed, shall issue a	48896
physical certificate of title over the clerk's signature and	48897
sealed with the clerk's seal unless the applicant specifically	48898
requests the clerk not to issue a physical certificate of title	48899
and instead to issue an electronic certificate of title. For	48900
purposes of the transfer of a certificate of title, if the clerk	48901
is satisfied that the secured party has duly discharged a lien	48902
notation but has not canceled the lien notation with a clerk, the	48903
clerk may cancel the lien notation on the automated title	48904
processing system and notify the clerk of the county of origin.	48905

(4) In the case of the sale of a motor vehicle to a general	48906
buyer or user by a dealer, by a motor vehicle leasing dealer	48907
selling the motor vehicle to the lessee or, in a case in which the	48908
leasing dealer subleased the motor vehicle, the sublessee, at the	48909
end of the lease agreement or sublease agreement, or by a	48910
manufactured home broker, the certificate of title shall be	48911
obtained in the name of the buyer by the dealer, leasing dealer,	48912
or manufactured home broker, as the case may be, upon application	48913
signed by the buyer. The certificate of title shall be issued, or	48914
the process of entering the certificate of title application	48915
information into the automated title processing system if a	48916
physical certificate of title is not to be issued shall be	48917
completed, within five business days after the application for	48918
title is filed with the clerk. If the buyer of the motor vehicle	48919
previously leased the motor vehicle and is buying the motor	48920
vehicle at the end of the lease pursuant to that lease, the	48921
certificate of title shall be obtained in the name of the buyer by	48922
the motor vehicle leasing dealer who previously leased the motor	48923
vehicle to the buyer or by the motor vehicle leasing dealer who	48924
subleased the motor vehicle to the buyer under a sublease	48925
agreement.	48926

In all other cases, except as provided in section 4505.032	48927
and division (D)(2) of section 4505.11 of the Revised Code, such	48928
certificates shall be obtained by the buyer.	48929

(5)(a)(i) If the certificate of title is being obtained in	48930
the name of the buyer by a motor vehicle dealer or motor vehicle	48931
leasing dealer and there is a security interest to be noted on the	48932
certificate of title, the dealer or leasing dealer shall submit	48933
the application for the certificate of title and payment of the	48934
applicable tax to a clerk within seven business days after the	48935
later of the delivery of the motor vehicle to the buyer or the	48936
date the dealer or leasing dealer obtains the manufacturer's or	48937
importer's certificate, or certificate of title issued in the name	48938
of the dealer or leasing dealer, for the motor vehicle. Submission	48939
of the application for the certificate of title and payment of the	48940
applicable tax within the required seven business days may be	48941
indicated by postmark or receipt by a clerk within that period.	48942

(ii) Upon receipt of the certificate of title with the	48943
security interest noted on its face, the dealer or leasing dealer	48944
shall forward the certificate of title to the secured party at the	48945
location noted in the financing documents or otherwise specified	48946
by the secured party.	48947

(iii) A motor vehicle dealer or motor vehicle leasing dealer	48948
is liable to a secured party for a late fee of ten dollars per day	48949
for each certificate of title application and payment of the	48950
applicable tax that is submitted to a clerk more than seven	48951
business days but less than twenty-one days after the later of the	48952
delivery of the motor vehicle to the buyer or the date the dealer	48953
or leasing dealer obtains the manufacturer's or importer's	48954
certificate, or certificate of title issued in the name of the	48955
dealer or leasing dealer, for the motor vehicle and, from then on,	48956
twenty-five dollars per day until the application and applicable	48957
tax are submitted to a clerk.	48958

(b) In all cases of transfer of a motor vehicle, the	48959
application for certificate of title shall be filed within thirty	48960
days after the assignment or delivery of the motor vehicle. If an	48961
application for a certificate of title is not filed within the	48962
period specified in division (A)(5)(b) of this section, the clerk	48963
shall collect a fee of five dollars for the issuance of the	48964
certificate, except that no such fee shall be required from a	48965
motor vehicle salvage dealer, as defined in division (A) of	48966
section 4738.01 of the Revised Code, who immediately surrenders	48967
the certificate of title for cancellation. The fee shall be in	48968
addition to all other fees established by this chapter, and shall	48969
be retained by the clerk. The registrar shall provide, on the	48970
certificate of title form prescribed by section 4505.07 of the	48971
Revised Code, language necessary to give evidence of the date on	48972
which the assignment or delivery of the motor vehicle was made.	48973

(6) As used in division (A) of this section, "lease	48974
agreement," "lessee," and "sublease agreement" have the same	48975
meanings as in section 4505.04 of the Revised Code.	48976

(B) The clerk, except as provided in this section, shall	48977
refuse to accept for filing any application for a certificate of	48978
title and shall refuse to issue a certificate of title unless the	48979
dealer or manufactured home broker or the applicant, in cases in	48980
which the certificate shall be obtained by the buyer, submits with	48981
the application payment of the tax levied by or pursuant to	48982
Chapters 5739. and 5741. of the Revised Code based on the	48983
purchaser's county of residence. Upon payment of the tax in	48984
accordance with division (E) of this section, the clerk shall	48985
issue a receipt prescribed by the registrar and agreed upon by the	48986
tax commissioner showing payment of the tax or a receipt issued by	48987
the commissioner showing the payment of the tax. When submitting	48988
payment of the tax to the clerk, a dealer shall retain any	48989
discount to which the dealer is entitled under section 5739.12 of	48990
the Revised Code.	48991

For receiving and disbursing such taxes paid to the clerk by	48992
a resident of the clerk's county, the clerk may retain a poundage	48993
fee of one and one one-hundredth per cent, and the clerk shall pay	48994
the poundage fee into the certificate of title administration fund	48995
created by section 325.33 of the Revised Code. The clerk shall not	48996
retain a poundage fee from payments of taxes by persons who do not	48997
reside in the clerk's county.	48998

A clerk, however, may retain from the taxes paid to the clerk	48999
an amount equal to the poundage fees associated with certificates	49000
of title issued by other clerks of courts of common pleas to	49001
applicants who reside in the first clerk's county. The registrar,	49002
in consultation with the tax commissioner and the clerks of the	49003
courts of common pleas, shall develop a report from the automated	49004
title processing system that informs each clerk of the amount of	49005
the poundage fees that the clerk is permitted to retain from those	49006
taxes because of certificates of title issued by the clerks of	49007
other counties to applicants who reside in the first clerk's	49008
county.	49009

In the case of casual sales of motor vehicles, as defined in	49010
section 4517.01 of the Revised Code, the price for the purpose of	49011
determining the tax shall be the purchase price on the assigned	49012
certificate of title executed by the seller and filed with the	49013
clerk by the buyer on a form to be prescribed by the registrar,	49014
which shall be prima-facie evidence of the amount for the	49015
determination of the tax.	49016

(C)(1) If the transferor indicates on the certificate of	49017
title that the odometer reflects mileage in excess of the designed	49018
mechanical limit of the odometer, the clerk shall enter the phrase	49019
"exceeds mechanical limits" following the mileage designation. If	49020
the transferor indicates on the certificate of title that the	49021
odometer reading is not the actual mileage, the clerk shall enter	49022
the phrase "nonactual: warning - odometer discrepancy" following	49023
the mileage designation. The clerk shall use reasonable care in	49024
transferring the information supplied by the transferor, but is	49025
not liable for any errors or omissions of the clerk or those of	49026
the clerk's deputies in the performance of the clerk's duties	49027
created by this chapter.	49028

The registrar shall prescribe an affidavit in which the	49029
transferor shall swear to the true selling price and, except as	49030
provided in this division, the true odometer reading of the motor	49031
vehicle. The registrar may prescribe an affidavit in which the	49032
seller and buyer provide information pertaining to the odometer	49033
reading of the motor vehicle in addition to that required by this	49034
section, as such information may be required by the United States	49035
secretary of transportation by rule prescribed under authority of	49036
subchapter IV of the "Motor Vehicle Information and Cost Savings	49037
Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.	49038

(2) Division (C)(1) of this section does not require the	49039
giving of information concerning the odometer and odometer reading	49040
of a motor vehicle when ownership of a motor vehicle is being	49041
transferred as a result of a bequest, under the laws of intestate	49042
succession, to a survivor pursuant to section 2106.18, 2131.12, or	49043
4505.10 of the Revised Code, to a transfer-on-death beneficiary or	49044
beneficiaries pursuant to section 2131.13 of the ~~Reviseed~~Revised	49045
Code, or in connection with the creation of a security interest.	49046

(D) When the transfer to the applicant was made in some other	49047
state or in interstate commerce, the clerk, except as provided in	49048
this section, shall refuse to issue any certificate of title	49049
unless the tax imposed by or pursuant to Chapter 5741. of the	49050
Revised Code based on the purchaser's county of residence has been	49051
paid as evidenced by a receipt issued by the tax commissioner, or	49052
unless the applicant submits with the application payment of the	49053
tax. Upon payment of the tax in accordance with division (E) of	49054
this section, the clerk shall issue a receipt prescribed by the	49055
registrar and agreed upon by the tax commissioner, showing payment	49056
of the tax.	49057

For receiving and disbursing such taxes paid to the clerk by	49058
a resident of the clerk's county, the clerk may retain a poundage	49059
fee of one and one one-hundredth per cent. The clerk shall not	49060
retain a poundage fee from payments of taxes by persons who do not	49061
reside in the clerk's county.	49062

A clerk, however, may retain from the taxes paid to the clerk	49063
an amount equal to the poundage fees associated with certificates	49064
of title issued by other clerks of courts of common pleas to	49065
applicants who reside in the first clerk's county. The registrar,	49066
in consultation with the tax commissioner and the clerks of the	49067
courts of common pleas, shall develop a report from the automated	49068
title processing system that informs each clerk of the amount of	49069
the poundage fees that the clerk is permitted to retain from those	49070
taxes because of certificates of title issued by the clerks of	49071
other counties to applicants who reside in the first clerk's	49072
county.	49073

When the vendor is not regularly engaged in the business of	49074
selling motor vehicles, the vendor shall not be required to	49075
purchase a vendor's license or make reports concerning those	49076
sales.	49077

(E) The clerk shall accept any payment of a tax in cash, or	49078
by cashier's check, certified check, draft, money order, or teller	49079
check issued by any insured financial institution payable to the	49080
clerk and submitted with an application for a certificate of title	49081
under division (B) or (D) of this section. The clerk also may	49082
accept payment of the tax by corporate, business, or personal	49083
check, credit card, electronic transfer or wire transfer, debit	49084
card, or any other accepted form of payment made payable to the	49085
clerk. The clerk may require bonds, guarantees, or letters of	49086
credit to ensure the collection of corporate, business, or	49087
personal checks. Any service fee charged by a third party to a	49088
clerk for the use of any form of payment may be paid by the clerk	49089
from the certificate of title administration fund created in	49090
section 325.33 of the Revised Code, or may be assessed by the	49091
clerk upon the applicant as an additional fee. Upon collection,	49092
the additional fees shall be paid by the clerk into that	49093
certificate of title administration fund.	49094

The clerk shall make a good faith effort to collect any	49095
payment of taxes due but not made because the payment was returned	49096
or dishonored, but the clerk is not personally liable for the	49097
payment of uncollected taxes or uncollected fees. The clerk shall	49098
notify the tax commissioner of any such payment of taxes that is	49099
due but not made and shall furnish the information to the	49100
commissioner that the commissioner requires. The clerk shall	49101
deduct the amount of taxes due but not paid from the clerk's	49102
periodic remittance of tax payments, in accordance with procedures	49103
agreed upon by the tax commissioner. The commissioner may collect	49104
taxes due by assessment in the manner provided in section 5739.13	49105
of the Revised Code.	49106

Any person who presents payment that is returned or	49107
dishonored for any reason is liable to the clerk for payment of a	49108
penalty over and above the amount of the taxes due. The clerk	49109
shall determine the amount of the penalty, and the penalty shall	49110
be no greater than that amount necessary to compensate the clerk	49111
for banking charges, legal fees, or other expenses incurred by the	49112
clerk in collecting the returned or dishonored payment. The	49113
remedies and procedures provided in this section are in addition	49114
to any other available civil or criminal remedies. Subsequently	49115
collected penalties, poundage fees, and title fees, less any title	49116
fee due the state, from returned or dishonored payments collected	49117
by the clerk shall be paid into the certificate of title	49118
administration fund. Subsequently collected taxes, less poundage	49119
fees, shall be sent by the clerk to the treasurer of state at the	49120
next scheduled periodic remittance of tax payments, with	49121
information as the commissioner may require. The clerk may abate	49122
all or any part of any penalty assessed under this division.	49123

(F) In the following cases, the clerk shall accept for filing	49124
an application and shall issue a certificate of title without	49125
requiring payment or evidence of payment of the tax:	49126

(1) When the purchaser is this state or any of its political	49127
subdivisions, a church, or an organization whose purchases are	49128
exempted by section 5739.02 of the Revised Code;	49129

(2) When the transaction in this state is not a retail sale	49130
as defined by section 5739.01 of the Revised Code;	49131

(3) When the purchase is outside this state or in interstate	49132
commerce and the purpose of the purchaser is not to use, store, or	49133
consume within the meaning of section 5741.01 of the Revised Code;	49134

(4) When the purchaser is the federal government;

49135

(5) When the motor vehicle was purchased outside this state	49136
for use outside this state;	49137

(6) When the motor vehicle is purchased by a nonresident of	49138
this state for immediate removal from this state, and will be	49139
permanently titled and registered in another state, as provided by	49140
division (B)(23) of section 5739.02 of the Revised Code, and upon	49141
presentation of a copy of the affidavit provided by that section,	49142
and a copy of the exemption certificate provided by section	49143
5739.03 of the Revised Code.	49144

The clerk shall forward all payments of taxes, less poundage	49145
fees, to the treasurer of state in a manner to be prescribed by	49146
the tax commissioner and shall furnish information to the	49147
commissioner as the commissioner requires.	49148

(G) An application, as prescribed by the registrar and agreed	49149
to by the tax commissioner, shall be filled out and sworn to by	49150
the buyer of a motor vehicle in a casual sale. The application	49151
shall contain the following notice in bold lettering: "WARNING TO	49152
TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You are required by	49153
law to state the true selling price. A false statement is in	49154
violation of section 2921.13 of the Revised Code and is punishable	49155
by six months' imprisonment or a fine of up to one thousand	49156
dollars, or both. All transfers are audited by the department of	49157
taxation. The seller and buyer must provide any information	49158
requested by the department of taxation. The buyer may be assessed	49159
any additional tax found to be due."	49160

(H) For sales of manufactured homes or mobile homes occurring	49161
on or after January 1, 2000, the clerk shall accept for filing,	49162
pursuant to Chapter 5739. of the Revised Code, an application for	49163
a certificate of title for a manufactured home or mobile home	49164
without requiring payment of any tax pursuant to section 5739.02,	49165
5741.021, 5741.022, or 5741.023 of the Revised Code, or a receipt	49166
issued by the tax commissioner showing payment of the tax. For	49167
sales of manufactured homes or mobile homes occurring on or after	49168
January 1, 2000, the applicant shall pay to the clerk an	49169
additional fee of five dollars for each certificate of title	49170
issued by the clerk for a manufactured or mobile home pursuant to	49171
division (H) of section 4505.11 of the Revised Code and for each	49172
certificate of title issued upon transfer of ownership of the	49173
home. The clerk shall credit the fee to the county certificate of	49174
title administration fund, and the fee shall be used to pay the	49175
expenses of archiving those certificates pursuant to division (A)	49176
of section 4505.08 and division (H)(3) of section 4505.11 of the	49177
Revised Code. The tax commissioner shall administer any tax on a	49178
manufactured or mobile home pursuant to Chapters 5739. and 5741.	49179
of the Revised Code.	49180

(I) Every clerk shall have the capability to transact by	49181
electronic means all procedures and transactions relating to the	49182
issuance of motor vehicle certificates of title that are described	49183
in the Revised Code as being accomplished by electronic means.	49184

Sec. 4506.14. (A) Commercial driver's licenses shall expire	49185
as follows:	49186

(1) Except as provided in division (A)(3) of this section,	49187
each such license issued to replace an operator's or chauffeur's	49188
license shall expire on the original expiration date of the	49189
operator's or chauffeur's license and, upon renewal, shall expire	49190
on the licensee's birthday in the fourth year after the date of	49191
issuance.	49192

(2) Except as provided in division (A)(3) of this section,	49193
each such license issued as an original license to a person whose	49194
residence is in this state shall expire on the licensee's birthday	49195
in the fourth year after the date of issuance, and each such	49196
license issued to a person whose temporary residence is in this	49197
state shall expire in accordance with rules adopted by the	49198
registrar of motor vehicles. A license issued to a person with a	49199
temporary residence in this state is nonrenewable, but may be	49200
replaced with a new license within ninety days prior to its	49201
expiration upon the applicant's compliance with all applicable	49202
requirements.	49203

(3) Each such license issued to replace the operator's or	49204
chauffeur's license of a person who is less than twenty-one years	49205
of age, and each such license issued as an original license to a	49206
person who is less than twenty-one years of age, shall expire on	49207
the licensee's twenty-first birthday.	49208

(B) No commercial driver's license shall be issued for a	49209
period longer than four years and ninety days. Except as provided	49210
in section 4507.12 of the Revised Code, the registrar may waive	49211
the examination of any person applying for the renewal of a	49212
commercial driver's license issued under this chapter, provided	49213
that the applicant presents either an unexpired commercial	49214
driver's license or a commercial driver's license that has expired	49215
not more than six months prior to the date of application.	49216

(C) Subject to the requirements of this chapter and except as	49217
provided in division (A)(2) of this section in regard to a person	49218
whose temporary residence is in this state, every commercial	49219
driver's license shall be renewable ninety days before its	49220
expiration upon payment of the fees required by section 4506.08 of	49221
the Revised Code. Each person applying for renewal of a commercial	49222
driver's license shall complete the application form prescribed by	49223
section 4506.07 of the Revised Code and shall provide all	49224
certifications required. If the person wishes to retain an	49225
endorsement authorizing the person to transport hazardous	49226
materials, the person shall take and successfully complete the	49227
written test for the endorsement and shall submit to any	49228
background check required by federal law.	49229

(D) Each person licensed as a driver under this chapter shall	49230
notify the registrar of any change in the person's address within	49231
ten days following that change. The notification shall be in	49232
writing on a form provided by the registrar and shall include the	49233
full name, date of birth, license number, county of residence,	49234
social security number, and new address of the person.	49235

Sec. 4506.15. No person shall do any of the following:

49236

(A) Drive a commercial motor vehicle while having a	49237
measurable or detectable amount of alcohol or of a controlled	49238
substance in ~~his~~the person's blood, breath, or urine;	49239

(B) Drive a commercial motor vehicle while having an alcohol	49240
concentration of four-hundredths of one per cent or more;	49241

(C) Drive a commercial motor vehicle while under the	49242
influence of a controlled substance;	49243

(D) Knowingly leave the scene of an accident involving a	49244
commercial motor vehicle driven by the person;	49245

(E) Use a commercial motor vehicle in the commission of a	49246
felony;	49247

(F) Refuse to submit to a test under section 4506.17 of the	49248
Revised Code;	49249

(G) Violate an out-of-service order issued under this	49250
chapter;	49251

(H) Violate any prohibition described in divisions (B) to (G)	49252
of this section while transporting hazardous materials;	49253

(I) Use a commercial motor vehicle in the commission of a	49254
felony involving the manufacture, distribution, or dispensing of a	49255
controlled substance as defined in section 3719.01 of the Revised	49256
Code;	49257

(J) Drive a commercial motor vehicle in violation of any	49258
provision of sections 4511.61 to 4511.63 of the Revised Code or	49259
any federal or local law or ordinance pertaining to	49260
railroad-highway grade crossings.	49261

Sec. 4506.16. (A) Whoever violates division (A) of section	49262
4506.15 of the Revised Code or a similar law of another state or a	49263
foreign jurisdiction, immediately shall be placed out-of-service	49264
for twenty-four hours, in addition to any disqualification	49265
required by this section and any other penalty imposed by the	49266
Revised Code.	49267

(B) The registrar of motor vehicles shall disqualify any	49268
person from operating a commercial motor vehicle as follows:	49269

(1) Upon a first conviction for a violation of divisions (B)	49270
to (G) of section 4506.15 of the Revised Code or a similar law of	49271
another state or a foreign jurisdiction, one year~~, in addition to~~	49272
~~any other penalty imposed by the Revised Code;~~	49273

~~(2) Upon a first conviction for a violation of division (H)~~	49274
~~of section 4506.15 of the Revised Code or a similar law of another~~	49275
~~state or a foreign jurisdiction, three years, in addition to any~~	49276
~~other penalty imposed by the Revised Code;~~	49277

~~(3) Upon~~and upon a second conviction ~~for a violation of~~	49278
~~divisions (B) to (G) of section 4506.15 of the Revised Code or a~~	49279
~~similar law of another state or a foreign jurisdiction, or any~~	49280
~~combination of such violations~~ arising from two or more separate	49281
incidents, the person shall be disqualified for life or for any	49282
other period of time as determined by the United States secretary	49283
of transportation and designated by the director of public safety	49284
by rule~~, in addition to any other penalty imposed by the Revised~~	49285
~~Code~~;	49286

~~(4)~~(2) Upon a first conviction for a violation of division	49287
(H) of section 4506.15 of the Revised Code or a similar law of	49288
another state or a foreign jurisdiction, three years;	49289

(3) Upon conviction of a violation of division ~~(E)~~(I) of	49290
section 4506.15 of the Revised Code or a similar law of another	49291
state or a foreign jurisdiction ~~in connection with the~~	49292
~~manufacture, distribution, or dispensing of a controlled substance~~	49293
~~or the possession with intent to manufacture, distribute, or~~	49294
~~dispense a controlled substance~~, the person shall be disqualified	49295
for life~~, in addition to any other penalty imposed by the Revised~~	49296
~~Code~~;	49297

(4) Upon a first conviction for a violation of division (J)	49298
of section 4506.15 of the Revised Code or a similar law of another	49299
state or a foreign jurisdiction, occurring in a three-year period,	49300
the person shall be disqualified for not less than sixty days,	49301
upon a second conviction occurring in the three-year period, the	49302
person shall be disqualified for not less than one hundred twenty	49303
days, and upon a subsequent conviction occurring within a	49304
three-year period, the person shall be disqualified for not less	49305
than one year;	49306

(5) Upon conviction of two serious traffic violations	49307
involving the operation of a commercial motor vehicle by the	49308
person and arising from separate incidents occurring in a	49309
three-year period, the person shall be disqualified for sixty	49310
days~~, in addition to any other penalty imposed by the Revised~~	49311
~~Code~~;	49312

(6) Upon conviction of three serious traffic violations	49313
involving the operation of a commercial motor vehicle by the	49314
person and arising from separate incidents occurring in a	49315
three-year period, the person shall be disqualified for one	49316
hundred twenty days~~, in addition to any other penalty imposed by~~	49317
~~the Revised Code~~.	49318

(C) For the purposes of this section, conviction of a	49319
violation for which disqualification is required may be evidenced	49320
by any of the following:	49321

(1) A judgment entry of a court of competent jurisdiction in	49322
this or any other state;	49323

(2) An administrative order of a state agency of this or any	49324
other state having statutory jurisdiction over commercial drivers;	49325

(3) A computer record obtained from or through the commercial	49326
driver's license information system;	49327

(4) A computer record obtained from or through a state agency	49328
of this or any other state having statutory jurisdiction over	49329
commercial drivers or the records of commercial drivers.	49330

(D) Any record described in division (C) of this section	49331
shall be deemed to be self-authenticating when it is received by	49332
the bureau of motor vehicles.	49333

(E) When disqualifying a driver, the registrar shall cause	49334
the records of the bureau to be updated to reflect that action	49335
within ten days after it occurs.	49336

(F) The registrar immediately shall notify a driver who is	49337
finally convicted of any offense described in section 4506.15 of	49338
the Revised Code or division (B)(3), (4), (5), or (6) of this	49339
section and thereby is subject to disqualification, of the offense	49340
or offenses involved, of the length of time for which	49341
disqualification is to be imposed, and that the driver may request	49342
a hearing within thirty days of the mailing of the notice to show	49343
cause why the driver should not be disqualified from operating a	49344
commercial motor vehicle. If a request for such a hearing is not	49345
made within thirty days of the mailing of the notice, the order of	49346
disqualification is final. The registrar may designate hearing	49347
examiners who, after affording all parties reasonable notice,	49348
shall conduct a hearing to determine whether the disqualification	49349
order is supported by reliable evidence. The registrar shall adopt	49350
rules to implement this division.	49351

(G) Any person who is disqualified from operating a	49352
commercial motor vehicle under this section may apply to the	49353
registrar for a driver's license to operate a motor vehicle other	49354
than a commercial motor vehicle, provided the person's commercial	49355
driver's license is not otherwise suspended or revoked. A person	49356
whose commercial driver's license is suspended or revoked shall	49357
not apply to the registrar for or receive a driver's license under	49358
Chapter 4507. of the Revised Code during the period of suspension	49359
or revocation.	49360

(H) The disqualifications imposed under this section are in	49361
addition to any other penalty imposed by the Revised Code.	49362

Sec. 4506.20. (A) Each employer shall require every	49363
applicant for employment as a driver of a commercial motor vehicle	49364
to provide the information specified in section 4506.20 of the	49365
Revised Code.	49366

(B) No employer shall knowingly permit or authorize any	49367
driver employed by ~~him~~the employer to drive a commercial motor	49368
vehicle during any period in which any of the following apply:	49369

(1) The driver's commercial driver's license is suspended,	49370
revoked, or canceled by any state or a foreign jurisdiction;	49371

(2) The driver has lost ~~his~~the privilege to drive, or	49372
currently is disqualified from driving, a commercial motor vehicle	49373
in any state or foreign jurisdiction;	49374

(3) The driver is subject to an out-of-service order in any	49375
state or foreign jurisdiction;	49376

(4) The driver has more than one driver's license.

49377

(C) No employer shall knowingly permit or authorize a driver	49378
to operate a commercial motor vehicle in violation of section	49379
4506.15 of the Revised Code.	49380

(D) Whoever violates division (C) of this section may be	49381
assessed a fine not to exceed ten thousand dollars.	49382

Sec. 4506.24. (A) A restricted commercial driver's license	49383
and waiver for farm-related service industries may be issued by	49384
the registrar of motor vehicles to allow a person to operate a	49385
commercial motor vehicle during seasonal periods determined by the	49386
registrar and subject to the restrictions set forth in this	49387
section.	49388

(B) Upon receiving an application for a restricted commercial	49389
driver's license under section 4506.07 of the Revised Code and	49390
payment of a fee as provided in section 4506.08 of the Revised	49391
Code, the registrar may issue such license to any person who meets	49392
all of the following requirements:	49393

(1) Has at least one year of driving experience in any type	49394
of vehicle;	49395

(2) Holds a valid driver's license, other than a restricted	49396
license, issued under Chapter 4507. of the Revised Code;	49397

(3) Certifies that during the ~~one-year~~two-year period	49398
immediately preceding application, all of the following apply:	49399

(a) The person has not had more than one license;

49400

(b) The person has not had any license suspended, revoked, or	49401
canceled;	49402

(c) The person has not had any convictions for any type of	49403
motor vehicle for the offenses for which disqualification is	49404
prescribed in section 4506.16 of the Revised Code;	49405

(d) The person has not had any violation of a state or local	49406
law relating to motor vehicle traffic control other than a parking	49407
violation arising in connection with any traffic accident and has	49408
no record of an accident in which the person was at fault.	49409

(4) Certifies and also provides evidence that the person is	49410
employed in one or more of the following farm-related service	49411
industries requiring the person to operate a commercial motor	49412
vehicle:	49413

(a) Custom harvesters;

49414

(b) Farm retail outlets and suppliers;

49415

49416

(d) Livestock feeders.

49417

(C) An annual waiver for farm-related service industries may	49418
be issued to authorize the holder of a restricted commercial	49419
driver's license to operate a commercial motor vehicle during	49420
seasonal periods designated by the registrar. The registrar shall	49421
determine the format of the waiver. The total number of days that	49422
a person may operate a commercial motor vehicle pursuant to a	49423
waiver for farm-related service industries shall not exceed one	49424
hundred eighty days in any twelve-month period. Each time the	49425
holder of a restricted commercial driver's license applies for a	49426
waiver for farm-related service industries, the registrar shall	49427
verify that the person meets all of the requirements set forth in	49428
division (B) of this section. The restricted commercial driver's	49429
license and waiver shall be carried at all times when a commercial	49430
motor vehicle is being operated by the holder of the license and	49431
waiver.	49432

(D) The holder of a restricted commercial driver's license	49433
and valid waiver for farm-related service industries may operate a	49434
class B or C commercial motor vehicle subject to all of the	49435
following restrictions:	49436

(1) The commercial motor vehicle is operated within a	49437
distance of no more than one hundred fifty miles of the employer's	49438
place of business or the farm currently being served;	49439

(2) The operation of the commercial motor vehicle does not	49440
involve transporting hazardous materials for which placarding is	49441
required, except as follows:	49442

(a) Diesel fuel in quantities of one thousand gallons or	49443
less;	49444

(b) Liquid fertilizers in vehicles or implements of husbandry	49445
with total capacities of three thousand gallons or less;	49446

(c) Solid fertilizers that are not transported with any	49447
organic substance.	49448

(E) Except as otherwise provided in this section an applicant	49449
for or holder of a restricted commercial driver's license and	49450
waiver for farm-related service industries is subject to the	49451
provisions of this chapter. Divisions (A)(4) and (B)(1) of section	49452
4506.07 and sections 4506.09 and 4506.10 of the Revised Code do	49453
not apply to an applicant for a restricted commercial driver's	49454
license and waiver.	49455

Sec. 4508.08. There is hereby created in the department of	49456
public safety the motorcycle safety and education program. The	49457
director of public safety shall administer the program in	49458
accordance with the following guidelines:	49459

(A) The program shall include courses of instruction	49460
conducted at vocational schools, community colleges, or other	49461
suitable locations, by instructors who have obtained certification	49462
in the manner and form prescribed by the director. The courses	49463
shall meet standards established in rules adopted by the	49464
~~motorcycle safety foundation for courses of instruction~~department	49465
in ~~motorcycle safety and education~~accordance with Chapter 119. of	49466
the Revised Code. The courses may include instruction for novice	49467
motorcycle operators, instruction in motorist awareness and	49468
alcohol and drug awareness, and any other kind of instruction the	49469
director considers appropriate. A reasonable tuition fee ~~of not~~	49470
~~more than twenty-five dollars per student~~, as determined by the	49471
director, may be charged ~~for each course if sufficient funds are~~	49472
~~not available in~~. The director may authorize private organizations	49473
or corporations to offer courses without tuition fee restrictions,	49474
but such entities are not eligible for reimbursement of expenses	49475
or subsidies from the motorcycle safety and education fund created	49476
in section 4501.13 of the Revised Code ~~to pay all of the costs of~~	49477
~~conducting the motorcycle safety and education program~~.	49478

(B) In addition to courses of instruction, the program may	49479
include provisions for equipment purchases, marketing and	49480
promotion, improving motorcycle license testing procedures, and	49481
any other provisions the director considers appropriate.	49482

(C) The director shall evaluate the program every two years	49483
and shall periodically inspect the facilities, equipment, and	49484
procedures used in the courses of instruction.	49485

(D) The director shall appoint at least one training	49486
specialist who shall oversee the operation of the program,	49487
establish courses of instruction, and supervise instructors. The	49488
training specialist shall be a licensed motorcycle operator and	49489
shall obtain certification in the manner and form prescribed by	49490
the director.	49491

(E) The director may contract with other public agencies or	49492
with private organizations or corporations to assist in	49493
administering the program.	49494

(F) Notwithstanding any provision of Chapter 102. of the	49495
Revised Code, the director, in order to administer the program,	49496
may participate in a motorcycle manufacturer's motorcycle loan	49497
program.	49498

(G) The director shall contract with an insurance company or	49499
companies authorized to do business in this state to purchase a	49500
policy or policies of insurance with respect to the establishment	49501
or administration, or any other aspect of the operation of the	49502
program.	49503

Sec. 4509.60. Upon acceptance of a bond with individual	49504
sureties, the registrar of motor vehicles shall forward to the	49505
county recorder of the county in which the sureties' real estate	49506
is located a notice of such deposit and pay the recorder a base	49507
fee of five dollars for filing and indexing the notice and a	49508
housing trust fund fee of five dollars pursuant to section 317.36	49509
of the Revised Code. The recorder shall receive and file such	49510
notice and keep and index the same. Such bond shall constitute a	49511
lien in favor of the state upon the real estate so scheduled or	49512
any surety, and the lien shall exist in favor of any holder of a	49513
final judgment against the person who has filed the bond, for	49514
damages, including damages for care and loss of services, because	49515
of bodily injury to or death of any person, or for damage because	49516
of injury to property, including the loss of use thereof,	49517
resulting from the ownership, maintenance, or use of a motor	49518
vehicle after such bond was filed, upon the filing of notice to	49519
that effect by the registrar with the county recorder as provided	49520
in this section.	49521

Sec. 4511.198. If the United States congress repeals the	49522
mandate established by Title III, Section 351 of the "Department	49523
of Transportation Appropriations Act of 2000," Public Law 106-346,	49524
114 Stat. 1356, requiring the secretary of transportation,	49525
beginning in fiscal year 2004, to withhold a percentage of a	49526
state's federal-aid highway money if that state has not enacted	49527
and is not enforcing a law that provides that any person with a	49528
blood alcohol concentration of eight-hundredths of one per cent or	49529
greater while operating a motor vehicle in the state is deemed to	49530
have committed a per se offense of driving while intoxicated or an	49531
equivalent per se offense, or if a federal court with jurisdiction	49532
over the entirety of this state declares the mandate to be	49533
unconstitutional or otherwise invalid, then, in lieu of the	49534
prohibited alcohol concentrations specified in sections 1547.11,	49535
4511.19, 4511.191, and 4511.197 of the Revised Code, the	49536
prohibited concentrations shall be as follows:	49537

(A) The prohibited alcohol concentration in a person's whole	49538
blood is ten-hundredths of one per cent by weight of alcohol per	49539
unit volume.	49540

(B) The prohibited alcohol concentration in a person's breath	49541
is ten-hundredths of one gram by weight of alcohol per two hundred	49542
ten liters of breath.	49543

(C) The prohibited alcohol concentration in a person's blood	49544
serum or plasma is twelve-hundredths of one per cent by weight per	49545
unit volume.	49546

(D) The prohibited alcohol concentration in a person's urine	49547
is fourteen-hundredths of one gram by weight of alcohol per one	49548
hundred milliliters of urine.	49549

Sec. 4511.33. Whenever any roadway has been divided into two	49550
or more clearly marked lanes for traffic, or wherever within	49551
municipal corporations traffic is lawfully moving in two or more	49552
substantially continuous lines in the same direction, the	49553
following rules apply:	49554

(A) A vehicle or trackless trolley shall be driven, as nearly	49555
as is practicable, entirely within a single lane or line of	49556
traffic and shall not be moved from such lane or line until the	49557
driver has first ascertained that such movement can be made with	49558
safety.	49559

(B) Upon a roadway which is divided into three lanes and	49560
provides for two-way movement of traffic, a vehicle or trackless	49561
trolley shall not be driven in the center lane except when	49562
overtaking and passing another vehicle or trackless trolley where	49563
the roadway is clearly visible and such center lane is clear of	49564
traffic within a safe distance, or when preparing for a left turn,	49565
or where such center lane is at the time allocated exclusively to	49566
traffic moving in the direction the vehicle or trackless trolley	49567
is proceeding and is posted with signs to give notice of such	49568
allocation.	49569

(C) Official signs may be erected directing specified traffic	49570
to use a designated lane or designating those lanes to be used by	49571
traffic moving in a particular direction regardless of the center	49572
of the roadway, or restricting the use of a particular lane to	49573
only buses during certain hours or during all hours, and drivers	49574
of vehicles and trackless trolleys shall obey the directions of	49575
such signs.	49576

(D) Official traffic control devices may be installed	49577
prohibiting the changing of lanes on sections of roadway and	49578
drivers of vehicles shall obey the directions of every such	49579
device.	49580

Sec. 4511.62. (A)(1) Whenever any person driving a vehicle	49581
or trackless trolley approaches a railroad grade crossing, the	49582
person shall stop within fifty feet, but not less than fifteen	49583
feet from the nearest rail of the railroad if any of the following	49584
circumstances exist at the crossing:	49585

(a) A clearly visible electric or mechanical signal device	49586
gives warning of the immediate approach of a train.	49587

(b) A crossing gate is lowered.

49588

(c) A flagperson gives or continues to give a signal of the	49589
approach or passage of a train.	49590

(d) There is insufficient space on the other side of the	49591
railroad grade crossing to accommodate the vehicle or trackless	49592
trolley the person is operating without obstructing the passage of	49593
other vehicles, trackless trolleys, pedestrians, or railroad	49594
trains, notwithstanding any traffic control signal indication to	49595
proceed.	49596

(e) An approaching train is emitting an audible signal or is	49597
plainly visible and is in hazardous proximity to the crossing.	49598

(f) There is insufficient undercarriage clearance to safely	49599
negotiate the crossing.	49600

(2) A person who is driving a vehicle or trackless trolley	49601
and who approaches a railroad grade crossing shall not proceed as	49602
long as any of the circumstances described in divisions (A)(1)(a)	49603
to ~~(e)~~(f) of this section exist at the crossing.	49604

(B) No person shall drive any vehicle through, around, or	49605
under any crossing gate or barrier at a railroad crossing while	49606
the gate or barrier is closed or is being opened or closed unless	49607
the person is signaled by a law enforcement officer or flagperson	49608
that it is permissible to do so.	49609

Sec. 4511.63. (A) The operator ~~of any motor vehicle or~~	49610
~~trackless trolley, carrying passengers, for hire,~~ of any ~~school~~	49611
bus, any vehicle described in division (C) of this section, or of	49612
any vehicle ~~carrying explosives or flammable liquids as a cargo or~~	49613
~~as such part of a cargo as~~transporting material required to	49614
~~constitute a hazard~~be placarded under 49 CFR Parts 100-185,	49615
before crossing at grade any track of a railroad, shall stop the	49616
vehicle ~~or trackless trolley~~ and, while so stopped, shall listen	49617
through an open door or open window and look in both directions	49618
along the track for any approaching train, and for signals	49619
indicating the approach of a train, and shall proceed only upon	49620
exercising due care after stopping, looking, and listening as	49621
required by this section. Upon proceeding, the operator of such a	49622
vehicle shall cross only in a gear that will ensure there will be	49623
no necessity for changing gears while traversing the crossing and	49624
shall not shift gears while crossing the tracks.	49625

(B) This section does not apply at any ~~of the following:~~

49626

~~(1) Street~~street railway grade crossings within a municipal	49627
corporation, or to abandoned tracks, spur tracks, side tracks, and	49628
industrial tracks when the public utilities commission has	49629
authorized and approved the crossing of the tracks without making	49630
the stop required by this section;	49631

~~(2) Through June 30, 1995, a street railway grade crossing~~	49632
~~where out-of-service signs are posted in accordance with section~~	49633
~~4955.37 of the Revised Code~~.	49634

(C) This section applies to any vehicle used for the	49635
transportation of pupils to and from a school or school-related	49636
function if the vehicle is owned or operated by, or operated under	49637
contract with, a public or nonpublic school.	49638

(D) For purposes of this section, "bus" means any vehicle	49639
originally designed by its manufacturer to transport sixteen or	49640
more passengers, including the driver, or carries sixteen or more	49641
passengers, including the driver.	49642

Sec. 4519.55. Application for a certificate of title for an	49643
off-highway motorcycle or all-purpose vehicle shall be made upon a	49644
form prescribed by the registrar of motor vehicles and shall be	49645
sworn to before a notary public or other officer empowered to	49646
administer oaths. The application shall be filed with the clerk of	49647
any court of common pleas. An application for a certificate of	49648
title may be filed electronically by any electronic means approved	49649
by the registrar in any county with the clerk of the court of	49650
common pleas of that county.	49651

If an application for a certificate of title is filed	49652
electronically by an electronic dealer on behalf of the purchaser	49653
of an off-highway motorcycle or all-purpose vehicle, the clerk	49654
shall retain the completed electronic record to which the dealer	49655
converted the certificate of title application and other required	49656
documents. ~~The electronic dealer shall forward the actual~~	49657
~~application and all other documents relating to the sale of the~~	49658
~~off-highway motorcycle or all-purpose vehicle to any clerk within~~	49659
~~thirty days after the certificate of title is issued.~~ The	49660
registrar, after consultation with the attorney general, shall	49661
adopt rules that govern the location at which, and the manner in	49662
which, are stored the actual application and all other documents	49663
relating to the sale of an off-highway motorcycle or all-purpose	49664
vehicle when an electronic dealer files the application for a	49665
certificate of title electronically on behalf of the purchaser.	49666

The application shall be accompanied by the fee prescribed in	49667
section 4519.59 of the Revised Code. The fee shall be retained by	49668
the clerk who issues the certificate of title and shall be	49669
distributed in accordance with that section. If a clerk of a court	49670
of common pleas, other than the clerk of the court of common pleas	49671
of an applicant's county of residence, issues a certificate of	49672
title to the applicant, the clerk shall transmit data related to	49673
the transaction to the automated title processing system.	49674

If a certificate of title previously has been issued for an	49675
off-highway motorcycle or all-purpose vehicle, the application	49676
also shall be accompanied by the certificate of title duly	49677
assigned, unless otherwise provided in this chapter. If a	49678
certificate of title previously has not been issued for the	49679
off-highway motorcycle or all-purpose vehicle, the application,	49680
unless otherwise provided in this chapter, shall be accompanied by	49681
a manufacturer's or importer's certificate; by a sworn statement	49682
of ownership; or by a certificate of title, bill of sale, or other	49683
evidence of ownership required by law of another state from which	49684
the off-highway motorcycle or all-purpose vehicle was brought into	49685
this state. The registrar, in accordance with Chapter 119. of the	49686
Revised Code, shall prescribe the types of additional	49687
documentation sufficient to establish proof of ownership,	49688
including, but not limited to, receipts from the purchase of parts	49689
or components, photographs, and affidavits of other persons.	49690

For purposes of the transfer of a certificate of title, if	49691
the clerk is satisfied that a secured party has duly discharged a	49692
lien notation but has not canceled the lien notation with a clerk,	49693
the clerk may cancel the lien notation on the automated title	49694
processing system and notify the clerk of the county of origin.	49695

In the case of the sale of an off-highway motorcycle or	49696
all-purpose vehicle by a dealer to a general purchaser or user,	49697
the certificate of title shall be obtained in the name of the	49698
purchaser by the dealer upon application signed by the purchaser.	49699
In all other cases, the certificate shall be obtained by the	49700
purchaser. In all cases of transfer of an off-highway motorcycle	49701
or all-purpose vehicle, the application for certificate of title	49702
shall be filed within thirty days after the later of the date of	49703
purchase or assignment of ownership of the off-highway motorcycle	49704
or all-purpose vehicle. If the application for certificate of	49705
title is not filed within thirty days after the later of the date	49706
of purchase or assignment of ownership of the off-highway	49707
motorcycle or all-purpose vehicle, the clerk shall charge a late	49708
filing fee of five dollars in addition to the fee prescribed by	49709
section 4519.59 of the Revised Code. The clerk shall retain the	49710
entire amount of each late filing fee.	49711

Except in the case of an off-highway motorcycle or	49712
all-purpose vehicle purchased prior to July 1, 1999, the clerk	49713
shall refuse to accept an application for certificate of title	49714
unless the applicant either tenders with the application payment	49715
of all taxes levied by or pursuant to Chapter 5739. or 5741. of	49716
the Revised Code based on the purchaser's county of residence, or	49717
submits either of the following:	49718

(A) A receipt issued by the tax commissioner or a clerk of	49719
courts showing payment of the tax;	49720

(B) An exemption certificate, in any form prescribed by the	49721
tax commissioner, that specifies why the purchase is not subject	49722
to the tax imposed by Chapter 5739. or 5741. of the Revised Code.	49723

Payment of the tax shall be made in accordance with division	49724
(E) of section 4505.06 of the Revised Code and any rules issued by	49725
the tax commissioner. When a dealer submits payment of the tax to	49726
the clerk, the dealer shall retain any discount to which the	49727
dealer is entitled under section 5739.12 of the Revised Code. The	49728
clerk shall issue a receipt in the form prescribed by the tax	49729
commissioner to any applicant who tenders payment of the tax with	49730
the application for a certificate of title. If the application for	49731
a certificate of title is for an off-highway motorcycle or	49732
all-purpose vehicle purchased prior to July 1, 1999, the clerk	49733
shall accept the application without payment of the taxes levied	49734
by or pursuant to Chapter 5739. or 5741. of the Revised Code or	49735
presentation of either of the items listed in division (A) or (B)	49736
of this section.	49737

For receiving and disbursing such taxes paid to the clerk by	49738
a resident of the clerk's county, the clerk may retain a poundage	49739
fee of one and one-hundredth per cent of the taxes collected,	49740
which shall be paid into the certificate of title administration	49741
fund created by section 325.33 of the Revised Code. The clerk	49742
shall not retain a poundage fee from payments of taxes by persons	49743
who do not reside in the clerk's county.	49744

A clerk, however, may retain from the taxes paid to the clerk	49745
an amount equal to the poundage fees associated with certificates	49746
of title issued by other clerks of courts of common pleas to	49747
applicants who reside in the first clerk's county. The registrar,	49748
in consultation with the tax commissioner and the clerks of the	49749
courts of common pleas, shall develop a report from the automated	49750
title processing system that informs each clerk of the amount of	49751
the poundage fees that the clerk is permitted to retain from those	49752
taxes because of certificates of title issued by the clerks of	49753
other counties to applicants who reside in the first clerk's	49754
county.	49755

In the case of casual sales of off-highway motorcycles or	49756
all-purpose vehicles that are subject to the tax imposed by	49757
Chapter 5739. or 5741. of the Revised Code, the purchase price for	49758
the purpose of determining the tax shall be the purchase price on	49759
an affidavit executed and filed with the clerk by the seller on a	49760
form to be prescribed by the registrar, which shall be prima-facie	49761
evidence of the price for the determination of the tax.	49762

In addition to the information required by section 4519.57 of	49763
the Revised Code, each certificate of title shall contain in bold	49764
lettering the following notification and statements: "WARNING TO	49765
TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You are required by	49766
law to state the true selling price. A false statement is in	49767
violation of section 2921.13 of the Revised Code and is punishable	49768
by six months imprisonment or a fine of up to one thousand	49769
dollars, or both. All transfers are audited by the department of	49770
taxation. The seller and buyer must provide any information	49771
requested by the department of taxation. The buyer may be assessed	49772
any additional tax found to be due."	49773

The clerk shall forward all payments of taxes, less poundage	49774
fees, to the treasurer of state in a manner to be prescribed by	49775
the tax commissioner and shall furnish information to the	49776
commissioner as the commissioner may require.	49777

Every clerk shall have the capability to transact by	49778
electronic means all procedures and transactions relating to the	49779
issuance of certificates of title for off-highway motorcycles and	49780
all-purpose vehicles that are described in the Revised Code as	49781
being accomplished by electronic means.	49782

Sec. 4561.18. Applications for the licensing and	49783
registration of aircraft shall be made and signed by the owner	49784
thereof upon forms prepared by the department of transportation	49785
and shall contain a description of the aircraft, including its	49786
federal registration number, and such other information as is	49787
required by the department.	49788

Applications shall be filed with the director of	49789
transportation during the month of January, annually and shall be	49790
renewed according to the standard renewal procedure of sections	49791
4745.01 to 4745.03 of the Revised Code. Application for	49792
registration of any aircraft not previously registered in this	49793
state, if such aircraft is acquired or becomes subject to such	49794
license tax subsequent to the last day of January in any year,	49795
shall be made for the balance of the year in which the same is	49796
acquired, within forty-eight hours after such acquisition or after	49797
becoming subject to such license tax. Each such application shall	49798
be accompanied by the proper license tax, which ~~shall be at the~~	49799
~~following rates: For~~, for aircraft other than gliders, ~~listed by~~	49800
~~the manufacturer thereof as having a maximum seating capacity of~~	49801
~~either one or two persons, six dollars annually; three persons,~~	49802
~~eight dollars annually; four persons, twelve dollars annually;~~	49803
~~five persons, fifteen dollars annually; over five persons, fifteen~~	49804
~~dollars plus five dollars for each person in excess thereof,~~	49805
~~annually; and~~shall be at the annual rate of one hundred dollars	49806
per aircraft. The license tax for gliders,shall be three dollars	49807
annually.	49808

Such taxes are in lieu of all other taxes on or with respect	49809
to ownership of such aircraft.	49810

Sec. 4561.21. (A) The director of transportation shall	49811
deposit all ~~license taxes and~~ transfer fees in the state treasury	49812
to the credit of the general fund.	49813

(B) The director shall deposit all license taxes in the state	49814
treasury to the credit of the county airport maintenance	49815
assistance fund, which is hereby created. Money in the fund shall	49816
be used to assist counties in maintaining the airports they own,	49817
and the director shall distribute the money to counties in	49818
accordance with such procedures, guidelines, and criteria as the	49819
director shall establish.	49820

Sec. 4707.071. (A) On May 1, 1991, all persons licensed as	49821
auction companies under former section 4707.071 of the Revised	49822
Code shall comply with all provisions of this chapter that are	49823
applicable to auctioneers except as provided in divisions (B) and	49824
(C) of this section. Such persons, however, do not have to serve	49825
an apprenticeship or attend a course of study under section	49826
4707.09 of the Revised Code or submit to an examination under	49827
section 4707.08 of the Revised Code as long as they do not engage	49828
in the calling for, recognition of, and the acceptance of, offers	49829
for the purchase of personal property at auction and do not	49830
conduct auctions at any location other than the definite place of	49831
business required in section 4707.14 of the Revised Code.	49832

(B) The principal owner of each auction company ~~which~~that is	49833
licensed as of May 1, 1991, who pays the annual renewal fee	49834
specified in division ~~(A)~~(B) of section 4707.10 of the Revised	49835
Code during the first renewal period following May 1, 1991, shall	49836
be issued a special auctioneer's license, for the sale of personal	49837
property subject to division (A) of this section. Each principal	49838
owner shall apply for an annual license. In applying for an annual	49839
license, each person licensed as an auction company on May 1,	49840
1991, shall designate an individual as principal owner by	49841
submitting documentation substantiating that the individual is in	49842
fact the principal owner and shall identify a definite place of	49843
business as required in section 4707.14 of the Revised Code. A	49844
person licensed as an auctioneer shall not be entitled to a	49845
special auctioneer's license.	49846

(C) A special auctioneer's license issued under this section	49847
to the principal owner of a former auction company does not	49848
entitle the principal owner or former auction company to conduct	49849
auctions at any location other than the definite place of business	49850
required in section 4707.14 of the Revised Code. Notwithstanding	49851
section 4707.10 of the Revised Code, the department of agriculture	49852
shall not issue a new special auctioneer's license if the definite	49853
place of business identified by the licensee in the licensee's	49854
initial application for a special auctioneer license has changed	49855
or if the name under which the licensee is doing business has	49856
changed. No person other than an owner, officer, member, or agent	49857
of the former auction company who personally has passed the	49858
examination prescribed in section 4707.08 of the Revised Code and	49859
been licensed as an auctioneer shall engage in the calling for,	49860
recognition of, and the acceptance of, offers for the purchase of	49861
real or personal property, goods, or chattels at auction in	49862
connection with a former auction company that has been issued a	49863
special auctioneer's license.	49864

(D) A person licensed as a special auctioneer shall not	49865
engage in the sale of real property at auction.	49866

Sec. 4707.072. (A) For purposes of this section, the	49867
department of agriculture shall adopt rules in accordance with	49868
section 4707.19 of the Revised Code prescribing the fee that a	49869
license applicant must pay. Until those rules are adopted, a	49870
license applicant shall pay the fee established in this section.	49871

(B) The department ~~of agriculture~~ may grant one-auction	49872
licenses to any nonresident person deemed qualified by the	49873
department. Any person who applies for a one-auction license shall	49874
attest, on forms provided by the department, and furnish to the	49875
department, satisfactory proof that the license applicant or any	49876
auctioneer affiliated with the applicant meets the following	49877
requirements:	49878

~~(A)~~(1) Has a good reputation;

49879

~~(B)~~(2) Is of trustworthy character;

49880

~~(C)~~(3) Has attained the age of at least eighteen years;

49881

~~(D)~~(4) Has a general knowledge of the requirements of the	49882
Revised Code relative to auctioneers, the auction profession, and	49883
the principles involved in conducting an auction;	49884

~~(E)~~(5) Has two years of professional auctioneering experience	49885
immediately preceding the date of application and the experience	49886
includes the personal conduct by the applicant of at least twelve	49887
auction sales in any state, or has met the requirements of section	49888
4707.12 of the Revised Code;	49889

~~(F)~~(6) Has paid a fee of one hundred dollars~~, which shall be~~	49890
~~credited to the auctioneers fund~~;	49891

~~(G)~~(7) Has provided proof of financial responsibility as	49892
~~required under section 4707.11 of the Revised Code~~in the form of	49893
either an irrevocable letter of credit or a cash bond or a surety	49894
bond in the amount of fifty thousand dollars. If the applicant	49895
gives a surety bond, the bond shall be executed by a surety	49896
company authorized to do business in this state. A bond shall be	49897
made to the department and shall be conditioned that the applicant	49898
shall comply with this chapter and rules adopted under it,	49899
including refraining from conduct described in section 4707.15 of	49900
the Revised Code. All bonds shall be on a form approved by the	49901
director of agriculture.	49902

Sec. 4707.10. (A) For purposes of this section, the	49903
department of agriculture shall adopt rules in accordance with	49904
section 4707.19 of the Revised Code prescribing fees that	49905
licensees must pay and license renewal deadlines and procedures	49906
with which licensees must comply. Until those rules are adopted,	49907
licensees shall pay the fees and comply with the license renewal	49908
deadlines and procedures established in this section.	49909

(B) The fee for each auctioneer's, apprentice auctioneer's,	49910
or special auctioneer's license issued by the department of	49911
~~agriculture~~ is one hundred dollars, and the annual renewal fee for	49912
any such license is one hundred dollars. All licenses expire	49913
annually on the last day of June of each year and shall be renewed	49914
according to the standard renewal procedures of Chapter 4745. of	49915
the Revised Code, or the procedures of this section. Any licensee	49916
under this chapter who wishes to renew the licensee's license, but	49917
fails to do so before the first day of July shall reapply for	49918
licensure in the same manner and pursuant to the same requirements	49919
as for initial licensure, unless before the first day of September	49920
of the year of expiration, the former licensee pays to the	49921
department, in addition to the regular renewal fee, a late renewal	49922
penalty of one hundred dollars.	49923

~~(B)~~(C) Any person who fails to renew the person's license	49924
before the first day of July is prohibited from engaging in any	49925
activity specified or comprehended in section 4707.01 of the	49926
Revised Code until such time as the person's license is renewed or	49927
a new license is issued. Renewal of a license between the first	49928
day of July and the first day of September does not relieve any	49929
person from complying with this division. The department may	49930
refuse to renew the license of or issue a new license to any	49931
person who violates this division.	49932

~~(C)~~(D) The department shall prepare and deliver to each	49933
licensee a permanent license certificate and an ~~annual renewal~~	49934
identification card, the appropriate portion of which shall be	49935
carried on the person of the licensee at all times when engaged in	49936
any type of auction activity, and part of which shall be posted	49937
with the permanent certificate in a conspicuous location at the	49938
licensee's place of business.	49939

~~(D)~~(E) Notice in writing shall be given to the department by	49940
each auctioneer or apprentice auctioneer licensee of any change of	49941
principal business location or any change or addition to the name	49942
or names under which business is conducted, whereupon the	49943
department shall issue a new license for the unexpired period. Any	49944
change of business location or change or addition of names without	49945
notification to the department shall automatically cancel any	49946
license previously issued. For each new auctioneer or apprentice	49947
auctioneer license issued upon the occasion of a change in	49948
business location or a change in or an addition of names under	49949
which business is conducted, the department may collect a fee of	49950
ten dollars for each change in location, or name or each added	49951
name unless the notification of the change occurs concurrently	49952
with the renewal application.	49953

Sec. 4707.24. Except for the purposes of divisions (A) and	49954
(B) of section 4707.25 of the Revised Code, sections 4707.25 to	49955
4707.31 of the Revised Code do not apply with respect to a license	49956
issued under section 4707.072 of the Revised Code.	49957

Sec. 4709.12. (A) The barber board shall charge and collect	49958
the following fees:	49959

(1) For the application to take the barber examination, ~~sixty~~	49960
ninety dollars;	49961

(2) For an application to retake any part of the barber	49962
examination, ~~thirty~~forty-five dollars;	49963

(3) For the initial issuance of a license to practice as a	49964
barber, ~~twenty~~thirty dollars;	49965

(4) For the biennial renewal of the license to practice as a	49966
barber, ~~seventy-five~~one hundred ten dollars;	49967

(5) For the restoration of an expired barber license, one	49968
hundred dollars, and ~~fifty~~seventy-five dollars for each lapsed	49969
year, provided that the total fee shall not exceed ~~four~~six	49970
hundred ~~sixty~~ninety dollars;	49971

(6) For the issuance of a duplicate barber or shop license,	49972
~~thirty~~forty-five dollars;	49973

(7) For the inspection of a new barber shop, change of	49974
ownership, or reopening of premises or facilities formerly	49975
operated as a barber shop, and issuance of a shop license,	49976
~~seventy-five~~one hundred ten dollars;	49977

(8) For the biennial renewal of a barber shop license, ~~fifty~~	49978
seventy-five dollars;	49979

(9) For the restoration of a barber shop license,	49980
~~seventy-five~~one hundred ten dollars;	49981

(10) For each inspection of premises for location of a new	49982
barber school, or each inspection of premises for relocation of a	49983
currently licensed barber school, ~~five~~seven hundred fifty	49984
dollars;	49985

(11) For the initial barber school license, ~~five hundred~~one	49986
thousand dollars, and ~~five hundred~~one thousand dollars for the	49987
renewal of the license;	49988

(12) For the restoration of a barber school license, ~~six~~	49989
~~hundred~~one thousand dollars;	49990

(13) For the issuance of a student registration, ~~twenty-five~~	49991
forty dollars;	49992

(14) For the examination and issuance of a biennial teacher	49993
~~or assistant teacher~~ license, one hundred ~~twenty-five~~eighty-five	49994
dollars;	49995

(15) For the renewal of a biennial teacher ~~or assistant~~	49996
~~teacher~~ license, one hundred fifty dollars;	49997

(16) For the restoration of an expired teacher ~~or assistant~~	49998
~~teacher~~ license, ~~one~~two hundred ~~fifty~~twenty-five dollars, and	49999
~~forty~~sixty dollars for each lapsed year, provided that the total	50000
fee shall not exceed ~~three~~four hundred fifty dollars;	50001

(17) For the issuance of a barber license by reciprocity	50002
pursuant to section 4709.08 of the Revised Code, ~~two~~three hundred	50003
dollars;	50004

(18) For providing licensure information concerning an	50005
applicant, upon written request of the applicant, ~~twenty-five~~	50006
forty dollars.	50007

(B) The board, subject to the approval of the controlling	50008
board, may establish fees in excess of the amounts provided in	50009
this section, provided that the fees do not exceed the amounts	50010
permitted by this section by more than fifty per cent.	50011

Sec. 4717.07. (A) The board of embalmers and funeral	50012
directors shall charge and collect the following fees:	50013

(1) For the initial issuance or biennial renewal of an	50014
~~initial~~ embalmer's or funeral director's license, ~~five~~one hundred	50015
forty dollars;	50016

(2) For the issuance of an embalmer or funeral director	50017
registration, twenty-five dollars;	50018

(3) For filing an embalmer or funeral director certificate of	50019
apprenticeship, ten dollars;	50020

(4) For the application to take the examination for a license	50021
to practice as an embalmer or funeral director, or to retake a	50022
section of the examination, thirty-five dollars;	50023

(5) ~~For the biennial renewal of an embalmer's or funeral~~	50024
~~director's license, one hundred twenty dollars;~~	50025

~~(6)~~ For the initial issuance of a license to operate a	50026
funeral home, ~~one~~two hundred ~~twenty-five~~fifty dollars and	50027
biennial renewal of a license to operate a funeral home, two	50028
hundred fifty dollars;	50029

~~(7)~~(6) For the reinstatement of a lapsed embalmer's or	50030
funeral director's license, the renewal fee prescribed in division	50031
(A)(5) of this section plus fifty dollars for each month or	50032
portion of a month the license is lapsed until reinstatement;	50033

~~(8)~~(7) For the reinstatement of a lapsed license to operate a	50034
funeral home, the renewal fee prescribed in division (A)(6) of	50035
this section plus fifty dollars for each month or portion of a	50036
month the license is lapsed until reinstatement;	50037

~~(9)~~(8) For the initial issuance of a license to operate an	50038
embalming facility, ~~one~~two hundred dollars and biennial renewal	50039
of a license to operate an embalming facility, two hundred	50040
dollars;	50041

~~(10)~~(9) For the reinstatement of a lapsed license to operate	50042
an embalming facility, the renewal fee prescribed in division	50043
(A)(9) of this section plus fifty dollars for each month or	50044
portion of a month the license is lapsed until reinstatement;	50045

~~(11)~~(10) For the initial issuance of a license to operate a	50046
crematory facility, ~~one~~two hundred dollars and biennial renewal	50047
of a license to operate a crematory facility, two hundred dollars;	50048

~~(12)~~(11) For the reinstatement of a lapsed license to operate	50049
a crematory facility, the renewal fee prescribed in division	50050
(A)(11) of this section plus fifty dollars for each month or	50051
portion of a month the license is lapsed until reinstatement;	50052

~~(13)~~(12) For the issuance of a duplicate of a license issued	50053
under this chapter, four dollars.	50054

(B) In addition to the fees set forth in division (A) of this	50055
section, an applicant shall pay the examination fee assessed by	50056
any examining agency the board uses for any section of an	50057
examination required under this chapter.	50058

(C) Subject to the approval of the controlling board, the	50059
board of embalmers and funeral directors may establish fees in	50060
excess of the amounts set forth in this section, provided that	50061
these fees do not exceed the amounts set forth in this section by	50062
more than fifty per cent.	50063

Sec. 4717.09. (A) Every two years, licensed embalmers and	50064
funeral directors shall attend between twelve and thirty hours of	50065
educational programs as a condition for renewal of their licenses.	50066
The board of embalmers and funeral directors shall adopt rules	50067
governing the administration and enforcement of the continuing	50068
education requirements of this section. The board may contract	50069
with a professional organization or association or other third	50070
party to assist it in performing functions necessary to administer	50071
and enforce the continuing education requirements of this section.	50072
A professional organization or association or other third party	50073
with whom the board so contracts may charge a reasonable fee for	50074
performing these functions to licensees or to the persons who	50075
provide continuing education programs.	50076

(B) A person holding both an embalmer's license and a funeral	50077
director's license need meet only the continuing education	50078
requirements established by the board for one or the other of	50079
those licenses in order to satisfy the requirement of division (A)	50080
of this section.	50081

(C) The board shall not renew the license of a licensee who	50082
fails to meet the continuing education requirements of this	50083
section and who has not been granted a waiver or exemption under	50084
division (D) or (E) of this section.	50085

(D) Any licensee who fails to meet the continuing education	50086
requirements of this section because of undue hardship or	50087
disability, or who is not actively engaged in the practice of	50088
funeral directing or embalming in this state, may apply to the	50089
board for a waiver or an exemption. ~~The~~	50090

(E) A licensee who has been an embalmer or a funeral director	50091
for not less than fifty years and is not actually in charge of an	50092
embalming facility or a manager or actually in charge of and	50093
ultimately responsible for a funeral home may apply to the board	50094
for an exemption.	50095

(F) The board shall determine, by rule, the procedures for	50096
applying for a waiver or an exemption from continuing education	50097
requirements under this section and under what conditions a waiver	50098
or an exemption may be granted.	50099

Sec. 4719.01. (A) As used in sections 4719.01 to 4719.18 of	50100
the Revised Code:	50101

(1) "Affiliate" means a business entity that is owned by,	50102
operated by, controlled by, or under common control with another	50103
business entity.	50104

(2) "Communication" means a written or oral notification or	50105
advertisement that meets both of the following criteria, as	50106
applicable:	50107

(a) The notification or advertisement is transmitted by or on	50108
behalf of the seller of goods or services and by or through any	50109
printed, audio, video, cinematic, telephonic, or electronic means.	50110

(b) In the case of a notification or advertisement other than	50111
by telephone, either of the following conditions is met:	50112

(i) The notification or advertisement is followed by a	50113
telephone call from a telephone solicitor or salesperson.	50114

(ii) The notification or advertisement invites a response by	50115
telephone, and, during the course of that response, a telephone	50116
solicitor or salesperson attempts to make or makes a sale of goods	50117
or services. As used in division (A)(2)(b)(ii) of this section,	50118
"invites a response by telephone" excludes the mere listing or	50119
inclusion of a telephone number in a notification or	50120
advertisement.	50121

(3) "Gift, award, or prize" means anything of value that is	50122
offered or purportedly offered, or given or purportedly given by	50123
chance, at no cost to the receiver and with no obligation to	50124
purchase goods or services. As used in this division, "chance"	50125
includes a situation in which a person is guaranteed to receive an	50126
item and, at the time of the offer or purported offer, the	50127
telephone solicitor does not identify the specific item that the	50128
person will receive.	50129

(4) "Goods or services" means any real property or any	50130
tangible or intangible personal property, or services of any kind	50131
provided or offered to a person. "Goods or services" includes, but	50132
is not limited to, advertising; labor performed for the benefit of	50133
a person; personal property intended to be attached to or	50134
installed in any real property, regardless of whether it is so	50135
attached or installed; timeshare estates or licenses; and extended	50136
service contracts.	50137

(5) "Purchaser" means a person that is solicited to become or	50138
does become financially obligated as a result of a telephone	50139
solicitation.	50140

(6) "Salesperson" means an individual who is employed,	50141
appointed, or authorized by a telephone solicitor to make	50142
telephone solicitations but does not mean any of the following:	50143

(a) An individual who comes within one of the exemptions in	50144
division (B) of this section;	50145

(b) An individual employed, appointed, or authorized by a	50146
person who comes within one of the exemptions in division (B) of	50147
this section;	50148

(c) An individual under a written contract with a person who	50149
comes within one of the exemptions in division (B) of this	50150
section, if liability for all transactions with purchasers is	50151
assumed by the person so exempted.	50152

(7) "Telephone solicitation" means a communication to a	50153
person that meets both of the following criteria:	50154

(a) The communication is initiated by or on behalf of a	50155
telephone solicitor or by a salesperson.	50156

(b) The communication either represents a price or the	50157
quality or availability of goods or services or is used to induce	50158
the person to purchase goods or services, including, but not	50159
limited to, inducement through the offering of a gift, award, or	50160
prize.	50161

(8) "Telephone solicitor" means a person that engages in	50162
telephone solicitation directly or through one or more	50163
salespersons either from a location in this state, or from a	50164
location outside this state to persons in this state. "Telephone	50165
solicitor" includes, but is not limited to, any such person that	50166
is an owner, operator, officer, or director of, partner in, or	50167
other individual engaged in the management activities of, a	50168
business.	50169

(B) A telephone solicitor is exempt from the provisions of	50170
sections 4719.02 to 4719.18 and section 4719.99 of the Revised	50171
Code if the telephone solicitor is any one of the following:	50172

(1) A person engaging in a telephone solicitation that is a	50173
one-time or infrequent transaction not done in the course of a	50174
pattern of repeated transactions of a like nature;	50175

(2) A person engaged in telephone solicitation solely for	50176
religious or political purposes; a charitable organization,	50177
fund-raising counsel, or professional solicitor in compliance with	50178
the registration and reporting requirements of Chapter 1716. of	50179
the Revised Code; or any person or other entity exempt under	50180
section 1716.03 of the Revised Code from filing a registration	50181
statement under section 1716.02 of the Revised Code;	50182

(3) A person, making a telephone solicitation involving a	50183
home solicitation sale as defined in section 1345.21 of the	50184
Revised Code, that makes the sales presentation and completes the	50185
sale at a later, face-to-face meeting between the seller and the	50186
purchaser rather than during the telephone solicitation. However,	50187
if the person, following the telephone solicitation, causes	50188
another person to collect the payment of any money, this exemption	50189
does not apply.	50190

(4) A licensed securities, commodities, or investment broker,	50191
dealer, investment advisor, or associated person when making a	50192
telephone solicitation within the scope of the person's license.	50193
As used in division (B)(4) of this section, "licensed securities,	50194
commodities, or investment broker, dealer, investment advisor, or	50195
associated person" means a person subject to licensure or	50196
registration as such by the securities and exchange commission;	50197
the National Association of Securities Dealers or other	50198
self-regulatory organization, as defined by 15 U.S.C.A. 78c; by	50199
the division of securities under Chapter 1707. of the Revised	50200
Code; or by an official or agency of any other state of the United	50201
States.	50202

(5)(a) A person primarily engaged in soliciting the sale of a	50203
newspaper of general circulation;	50204

(b) As used in division (B)(5)(a) of this section, "newspaper	50205
of general circulation" includes, but is not limited to, both of	50206
the following:	50207

(i) A newspaper that is a daily law journal designated as an	50208
official publisher of court calendars pursuant to section 2701.09	50209
of the Revised Code;	50210

(ii) A newspaper or publication that has at least twenty-five	50211
per cent editorial, non-advertising content, exclusive of inserts,	50212
measured relative to total publication space, and an audited	50213
circulation to at least fifty per cent of the households in the	50214
newspaper's retail trade zone as defined by the audit.	50215

(6)(a) An issuer, or its subsidiary, that has a class of	50216
securities to which all of the following apply:	50217

(i) The class of securities is subject to section 12 of the	50218
"Securities Exchange Act of 1934," 15 U.S.C.A. 78l, and is	50219
registered or is exempt from registration under 15 U.S.C.A.	50220
78l(g)(2)(A), (B), (C), (E), (F), (G), or (H);	50221

(ii) The class of securities is listed on the New York stock	50222
exchange, the American stock exchange, or the NASDAQ national	50223
market system;	50224

(iii) The class of securities is a reported security as	50225
defined in 17 C.F.R. 240.11Aa3-1(a)(4).	50226

(b) An issuer, or its subsidiary, that formerly had a class	50227
of securities that met the criteria set forth in division	50228
(B)(6)(a) of this section if the issuer, or its subsidiary, has a	50229
net worth in excess of one hundred million dollars, files or its	50230
parent files with the securities and exchange commission an S.E.C.	50231
form 10-K, and has continued in substantially the same business	50232
since it had a class of securities that met the criteria in	50233
division (B)(6)(a) of this section. As used in division (B)(6)(b)	50234
of this section, "issuer" and "subsidiary" include the successor	50235
to an issuer or subsidiary.	50236

(7) A person soliciting a transaction regulated by the	50237
commodity futures trading commission, if the person is registered	50238
or temporarily registered for that activity with the commission	50239
under 7 U.S.C.A. 1 et. seq. and the registration or temporary	50240
registration has not expired or been suspended or revoked;	50241

(8) A person soliciting the sale of any book, record, audio	50242
tape, compact disc, or video, if the person allows the purchaser	50243
to review the merchandise for at least seven days and provides a	50244
full refund within thirty days to a purchaser who returns the	50245
merchandise or if the person solicits the sale on behalf of a	50246
membership club operating in compliance with regulations adopted	50247
by the federal trade commission in 16 C.F.R. 425;	50248

(9) A supervised financial institution or its subsidiary. As	50249
used in division (B)(9) of this section, "supervised financial	50250
institution" means a bank, trust company, savings and loan	50251
association, savings bank, credit union, industrial loan company,	50252
consumer finance lender, commercial finance lender, or institution	50253
described in section 2(c)(2)(F) of the "Bank Holding Company Act	50254
of 1956," 12 U.S.C.A. 1841(c)(2)(F), as amended, supervised by an	50255
official or agency of the United States, this state, or any other	50256
state of the United States; or a licensee or registrant under	50257
sections 1321.01 to 1321.19, 1321.51 to 1321.60, or 1321.71 to	50258
1321.83 of the Revised Code.	50259

(10)(a) An insurance company, association, or other	50260
organization that is licensed or authorized to conduct business in	50261
this state by the superintendent of insurance pursuant to Title	50262
XXXIX of the Revised Code or Chapter 1751. of the Revised Code,	50263
when soliciting within the scope of its license or authorization.	50264

(b) A licensed insurance broker, agent, or solicitor when	50265
soliciting within the scope of the person's license. As used in	50266
division (B)(10)(b) of this section, "licensed insurance broker,	50267
agent, or solicitor" means any person licensed as an insurance	50268
broker, agent, or solicitor by the superintendent of insurance	50269
pursuant to Title XXXIX of the Revised Code.	50270

(11) A person soliciting the sale of services provided by a	50271
cable television system operating under authority of a	50272
governmental franchise or permit;	50273

(12) A person soliciting a business-to-business sale under	50274
which any of the following conditions are met:	50275

(a) The telephone solicitor has been operating continuously	50276
for at least three years under the same business name under which	50277
it solicits purchasers, and at least fifty-one per cent of its	50278
gross dollar volume of sales consists of repeat sales to existing	50279
customers to whom it has made sales under the same business name.	50280

(b) The purchaser business intends to resell the goods	50281
purchased.	50282

(c) The purchaser business intends to use the goods or	50283
services purchased in a recycling, reuse, manufacturing, or	50284
remanufacturing process.	50285

(d) The telephone solicitor is a publisher of a periodical or	50286
of magazines distributed as controlled circulation publications as	50287
defined in division (CC) of section 5739.01 of the Revised Code	50288
and is soliciting sales of advertising, subscriptions, reprints,	50289
lists, information databases, conference participation or	50290
sponsorships, trade shows or media products related to the	50291
periodical or magazine, or other publishing services provided by	50292
the controlled circulation publication.	50293

(13) A person that, not less often than once each year,	50294
publishes and delivers to potential purchasers a catalog that	50295
complies with both of the following:	50296

(a) It includes all of the following:

50297

(i) The business address of the seller;

50298

(ii) A written description or illustration of each good or	50299
service offered for sale;	50300

(iii) A clear and conspicuous disclosure of the sale price of	50301
each good or service; shipping, handling, and other charges; and	50302
return policy;	50303

(b) One of the following applies:

50304

(i) The catalog includes at least twenty-four pages of	50305
written material and illustrations, is distributed in more than	50306
one state, and has an annual postage-paid mail circulation of not	50307
less than two hundred fifty thousand households;	50308

(ii) The catalog includes at least ten pages of written	50309
material or an equivalent amount of material in electronic form on	50310
the internet or an on-line computer service, the person does not	50311
solicit customers by telephone but solely receives telephone calls	50312
made in response to the catalog, and during the calls the person	50313
takes orders but does not engage in further solicitation of the	50314
purchaser. As used in division (B)(13)(b)(ii) of this section,	50315
"further solicitation" does not include providing the purchaser	50316
with information about, or attempting to sell, any other item in	50317
the catalog that prompted the purchaser's call or in a	50318
substantially similar catalog issued by the seller.	50319

(14) A political subdivision or instrumentality of the United	50320
States, this state, or any state of the United States;	50321

(15) A college or university or any other public or private	50322
institution of higher education in this state;	50323

(16) A public utility as defined in section 4905.02 of the	50324
Revised Code or a retail natural gas supplier as defined in	50325
section 4929.01 of the Revised Code, if the utility or supplier is	50326
subject to regulation by the public utilities commission, or the	50327
affiliate of the utility or supplier;	50328

(17) ~~A travel agency or tour promoter that is registered in~~	50329
~~compliance with section 1333.96 of the Revised Code when~~	50330
~~soliciting within the scope of the agency's or promoter's~~	50331
~~registration;~~	50332

~~(18)~~ A person that solicits sales through a television	50333
program or advertisement that is presented in the same market area	50334
no fewer than twenty days per month or offers for sale no fewer	50335
than ten distinct items of goods or services; and offers to the	50336
purchaser an unconditional right to return any good or service	50337
purchased within a period of at least seven days and to receive a	50338
full refund within thirty days after the purchaser returns the	50339
good or cancels the service;	50340

~~(19)~~(18)(a) A person that, for at least one year, has been	50341
operating a retail business under the same name as that used in	50342
connection with telephone solicitation and both of the following	50343
occur on a continuing basis:	50344

(i) The person either displays goods and offers them for	50345
retail sale at the person's business premises or offers services	50346
for sale and provides them at the person's business premises.	50347

(ii) At least fifty-one per cent of the person's gross dollar	50348
volume of retail sales involves purchases of goods or services at	50349
the person's business premises.	50350

(b) An affiliate of a person that meets the requirements in	50351
division (B)~~(19)~~(18)(a) of this section if the affiliate meets all	50352
of the following requirements:	50353

(i) The affiliate has operated a retail business for a period	50354
of less than one year;	50355

(ii) The affiliate either displays goods and offers them for	50356
retail sale at the affiliate's business premises or offers	50357
services for sale and provides them at the affiliate's business	50358
premises;	50359

(iii) At least fifty-one per cent of the affiliate's gross	50360
dollar volume of retail sales involves purchases of goods or	50361
services at the affiliate's business premises.	50362

(c) A person that, for a period of less than one year, has	50363
been operating a retail business in this state under the same name	50364
as that used in connection with telephone solicitation, as long as	50365
all of the following requirements are met:	50366

(i) The person either displays goods and offers them for	50367
retail sale at the person's business premises or offers services	50368
for sale and provides them at the person's business premises;	50369

(ii) The goods or services that are the subject of telephone	50370
solicitation are sold at the person's business premises, and at	50371
least sixty-five per cent of the person's gross dollar volume of	50372
retail sales involves purchases of goods or services at the	50373
person's business premises;	50374

(iii) The person conducts all telephone solicitation	50375
activities according to sections 310.3, 310.4, and 310.5 of the	50376
telemarketing sales rule adopted by the federal trade commission	50377
in 16 C.F.R. part 310.	50378

~~(20)~~(19) A person who performs telephone solicitation sales	50379
services on behalf of other persons and to whom one of the	50380
following applies:	50381

(a) The person has operated under the same ownership,	50382
control, and business name for at least five years, and the person	50383
receives at least seventy-five per cent of its gross revenues from	50384
written telephone solicitation contracts with persons who come	50385
within one of the exemptions in division (B) of this section.	50386

(b) The person is an affiliate of one or more exempt persons	50387
and makes telephone solicitations on behalf of only the exempt	50388
persons of which it is an affiliate.	50389

(c) The person makes telephone solicitations on behalf of	50390
only exempt persons, the person and each exempt person on whose	50391
behalf telephone solicitations are made have entered into a	50392
written contract that specifies the manner in which the telephone	50393
solicitations are to be conducted and that at a minimum requires	50394
compliance with the telemarketing sales rule adopted by the	50395
federal trade commission in 16 C.F.R. part 310, and the person	50396
conducts the telephone solicitations in the manner specified in	50397
the written contract.	50398

(d) The person performs telephone solicitation for religious	50399
or political purposes, a charitable organization, a fund-raising	50400
council, or a professional solicitor in compliance with the	50401
registration and reporting requirements of Chapter 1716. of the	50402
Revised Code; and meets all of the following requirements:	50403

(i) The person has operated under the same ownership,	50404
control, and business name for at least five years, and the person	50405
receives at least fifty-one per cent of its gross revenues from	50406
written telephone solicitation contracts with persons who come	50407
within the exemption in division (B)(2) of this section;	50408

(ii) The person does not conduct a prize promotion or offer	50409
the sale of an investment opportunity; and	50410

(iii) The person conducts all telephone solicitation	50411
activities according to sections 310.3, 310.4, and 310.5 of the	50412
telemarketing sales rules adopted by the federal trade commission	50413
in 16 C.F.R. part 310.	50414

~~(21)~~(20) A person that is a licensed real estate salesperson	50415
or broker under Chapter 4735. of the Revised Code when soliciting	50416
within the scope of the person's license;	50417

~~(22)~~(21)(a) Either of the following:

50418

(i) A publisher that solicits the sale of the publisher's	50419
periodical or magazine of general, paid circulation, or a person	50420
that solicits a sale of that nature on behalf of a publisher under	50421
a written agreement directly between the publisher and the person.	50422

(ii) A publisher that solicits the sale of the publisher's	50423
periodical or magazine of general, paid circulation, or a person	50424
that solicits a sale of that nature as authorized by a publisher	50425
under a written agreement directly with a publisher's	50426
clearinghouse provided the person is a resident of Ohio for more	50427
than three years and initiates all telephone solicitations from	50428
Ohio and the person conducts the solicitation and sale in	50429
compliance with 16 C.F.R. Part 310, as adopted by the federal	50430
trade commission.	50431

(b) As used in division (B)~~(22)~~(21) of this section,	50432
"periodical or magazine of general, paid circulation" excludes a	50433
periodical or magazine circulated only as part of a membership	50434
package or given as a free gift or prize from the publisher or	50435
person.	50436

~~(23)~~(22) A person that solicits the sale of food, as defined	50437
in section 3715.01 of the Revised Code, or the sale of products of	50438
horticulture, as defined in section 5739.01 of the Revised Code,	50439
if the person does not intend the solicitation to result in, or	50440
the solicitation actually does not result in, a sale that costs	50441
the purchaser an amount greater than five hundred dollars.	50442

~~(24)~~(23) A funeral director licensed pursuant to Chapter	50443
4717. of the Revised Code when soliciting within the scope of that	50444
license, if both of the following apply:	50445

(a) The solicitation and sale are conducted in compliance	50446
with 16 C.F.R. part 453, as adopted by the federal trade	50447
commission, and with sections 1107.33 and 1345.21 to 1345.28 of	50448
the Revised Code;	50449

(b) The person provides to the purchaser of any preneed	50450
funeral contract a notice that clearly and conspicuously sets	50451
forth the cancellation rights specified in division (G) of section	50452
1107.33 of the Revised Code, and retains a copy of the notice	50453
signed by the purchaser.	50454

~~(25)~~(24) A person, or affiliate thereof, licensed to sell or	50455
issue Ohio instruments designated as travelers checks pursuant to	50456
sections 1315.01 to 1315.11 of the Revised Code.	50457

~~(26)~~(25) A person that solicits sales from its previous	50458
purchasers and meets all of the following requirements:	50459

(a) The solicitation is made under the same business name	50460
that was previously used to sell goods or services to the	50461
purchaser;	50462

(b) The person has, for a period of not less than three	50463
years, operated a business under the same business name as that	50464
used in connection with telephone solicitation;	50465

(c) The person does not conduct a prize promotion or offer	50466
the sale of an investment opportunity;	50467

(d) The person conducts all telephone solicitation activities	50468
according to sections 310.3, 310.4, and 310.5 of the telemarketing	50469
sales rules adopted by the federal trade commission in 16 C.F.R.	50470
part 310;	50471

(e) Neither the person nor any of its principals has been	50472
convicted of, pleaded guilty to, or has entered a plea of no	50473
contest for a felony or a theft offense as defined in sections	50474
2901.02 and 2913.01 of the Revised Code or similar law of another	50475
state or of the United States;	50476

(f) Neither the person nor any of its principals has had	50477
entered against them an injunction or a final judgment or order,	50478
including an agreed judgment or order, an assurance of voluntary	50479
compliance, or any similar instrument, in any civil or	50480
administrative action involving engaging in a pattern of corrupt	50481
practices, fraud, theft, embezzlement, fraudulent conversion, or	50482
misappropriation of property; the use of any untrue, deceptive, or	50483
misleading representation; or the use of any unfair, unlawful,	50484
deceptive, or unconscionable trade act or practice.	50485

~~(27)~~(26) An institution defined as a home health agency in	50486
section ~~3701.88~~3701.881 of the Revised Code, that conducts all	50487
telephone solicitation activities according to sections 310.3,	50488
310.4, and 310.5 of the telemarketing sales rules adopted by the	50489
federal trade commission in 16 C.F.R. part 310, and engages in	50490
telephone solicitation only within the scope of the institution's	50491
certification, accreditation, contract with the department of	50492
aging, or status as a home health agency; and that meets one of	50493
the following requirements:	50494

(a) The institution is certified as a provider of home health	50495
services under Title XVIII of the Social Security Act, 49 Stat.	50496
620, 42 U.S.C. 301, as amended~~; and is registered with the~~	50497
~~department of health pursuant to division (B) of section 3701.88~~	50498
~~of the Revised Code~~;	50499

(b) The institution is accredited by either the joint	50500
commission on accreditation of health care organizations or the	50501
community health accreditation program;	50502

(c) The institution is providing passport services under the	50503
direction of the Ohio department of aging under section 173.40 of	50504
the Revised Code;	50505

(d) An affiliate of an institution that meets the	50506
requirements of division (B)~~(27)~~(26)(a), (b), or (c) of this	50507
section when offering for sale substantially the same goods and	50508
services as those that are offered by the institution that meets	50509
the requirements of division (B)~~(27)~~(26)(a), (b), or (c) of this	50510
section.	50511

~~(28)~~(27) A person licensed to provide a hospice care program	50512
by the department of health pursuant to section 3712.04 of the	50513
Revised Code when conducting telephone solicitations within the	50514
scope of the person's license and according to sections 310.3,	50515
310.4, and 310.5 of the telemarketing sales rules adopted by the	50516
federal trade commission in 16 C.F.R. part 310.	50517

Sec. 4723.01. As used in this chapter:

50518

(A) "Registered nurse" means an individual who holds a	50519
current, valid license issued under this chapter that authorizes	50520
the practice of nursing as a registered nurse.	50521

(B) "Practice of nursing as a registered nurse" means	50522
providing to individuals and groups nursing care requiring	50523
specialized knowledge, judgment, and skill derived from the	50524
principles of biological, physical, behavioral, social, and	50525
nursing sciences. Such nursing care includes:	50526

(1) Identifying patterns of human responses to actual or	50527
potential health problems amenable to a nursing regimen;	50528

(2) Executing a nursing regimen through the selection,	50529
performance, management, and evaluation of nursing actions;	50530

(3) Assessing health status for the purpose of providing	50531
nursing care;	50532

(4) Providing health counseling and health teaching;

50533

(5) Administering medications, treatments, and executing	50534
regimens authorized by an individual who is authorized to practice	50535
in this state and is acting within the course of the individual's	50536
professional practice;	50537

(6) Teaching, administering, supervising, delegating, and	50538
evaluating nursing practice.	50539

(C) "Nursing regimen" may include preventative, restorative,	50540
and health-promotion activities.	50541

(D) "Assessing health status" means the collection of data	50542
through nursing assessment techniques, which may include	50543
interviews, observation, and physical evaluations for the purpose	50544
of providing nursing care.	50545

(E) "Licensed practical nurse" means an individual who holds	50546
a current, valid license issued under this chapter that authorizes	50547
the practice of nursing as a licensed practical nurse.	50548

(F) "The practice of nursing as a licensed practical nurse"	50549
means providing to individuals and groups nursing care requiring	50550
the application of basic knowledge of the biological, physical,	50551
behavioral, social, and nursing sciences at the direction of a	50552
licensed physician, dentist, podiatrist, optometrist,	50553
chiropractor, or registered nurse. Such nursing care includes:	50554

(1) Observation, patient teaching, and care in a diversity of	50555
health care settings;	50556

(2) Contributions to the planning, implementation, and	50557
evaluation of nursing;	50558

(3) Administration of medications and treatments authorized	50559
by an individual who is authorized to practice in this state and	50560
is acting within the course of the individual's professional	50561
practice, except that administration of intravenous therapy shall	50562
be performed only in accordance with section 4723.17 or 4723.171	50563
of the Revised Code. Medications may be administered by a licensed	50564
practical nurse upon proof of completion of a course in medication	50565
administration approved by the board of nursing.	50566

(4) Administration to an adult of intravenous therapy	50567
authorized by an individual who is authorized to practice in this	50568
state and is acting within the course of the individual's	50569
professional practice, on the condition that the licensed	50570
practical nurse is authorized under section 4723.17 or 4723.171 of	50571
the Revised Code to perform intravenous therapy and performs	50572
intravenous therapy only in accordance with those sections.	50573

(G) "Certified registered nurse anesthetist" means a	50574
registered nurse who holds a valid certificate of authority issued	50575
under this chapter that authorizes the practice of nursing as a	50576
certified registered nurse anesthetist in accordance with section	50577
4723.43 of the Revised Code and rules adopted by the board of	50578
nursing.	50579

(H) "Clinical nurse specialist" means a registered nurse who	50580
holds a valid certificate of authority issued under this chapter	50581
that authorizes the practice of nursing as a clinical nurse	50582
specialist in accordance with section 4723.43 of the Revised Code	50583
and rules adopted by the board of nursing.	50584

(I) "Certified nurse-midwife" means a registered nurse who	50585
holds a valid certificate of authority issued under this chapter	50586
that authorizes the practice of nursing as a certified	50587
nurse-midwife in accordance with section 4723.43 of the Revised	50588
Code and rules adopted by the board of nursing.	50589

(J) "Certified nurse practitioner" means a registered nurse	50590
who holds a valid certificate of authority issued under this	50591
chapter that authorizes the practice of nursing as a certified	50592
nurse practitioner in accordance with section 4723.43 of the	50593
Revised Code and rules adopted by the board of nursing.	50594

(K) "Physician" means an individual authorized under Chapter	50595
4731. of the Revised Code to practice medicine and surgery or	50596
osteopathic medicine and surgery.	50597

(L) "Collaboration" or "collaborating" means the following:

50598

(1) In the case of a clinical nurse specialist, except as	50599
provided in division (L)(3) of this section, or a certified nurse	50600
practitioner, that one or more podiatrists acting within the scope	50601
of practice of podiatry in accordance with section 4731.51 of the	50602
Revised Code and with whom the nurse has entered into a standard	50603
care arrangement or one or more physicians with whom the nurse has	50604
entered into a standard care arrangement are continuously	50605
available to communicate with the clinical nurse specialist or	50606
certified nurse practitioner either in person or by radio,	50607
telephone, or other form of telecommunication;	50608

(2) In the case of a certified nurse-midwife, that one or	50609
more physicians with whom the certified nurse-midwife has entered	50610
into a standard care arrangement are continuously available to	50611
communicate with the certified nurse-midwife either in person or	50612
by radio, telephone, or other form of telecommunication;	50613

(3) In the case of a clinical nurse specialist who practices	50614
the nursing specialty of mental health or psychiatric mental	50615
health without being authorized to prescribe drugs and therapeutic	50616
devices, that one or more physicians are continuously available to	50617
communicate with the nurse either in person or by radio,	50618
telephone, or other form of telecommunication.	50619

(M) "Supervision," as it pertains to a certified registered	50620
nurse anesthetist, means that the certified registered nurse	50621
anesthetist is under the direction of a podiatrist acting within	50622
the podiatrist's scope of practice in accordance with section	50623
4731.51 of the Revised Code, a dentist acting within the dentist's	50624
scope of practice in accordance with Chapter 4715. of the Revised	50625
Code, or a physician, and, when administering anesthesia, the	50626
certified registered nurse anesthetist is in the immediate	50627
presence of the podiatrist, dentist, or physician.	50628

(N) "Standard care arrangement," except as it pertains to an	50629
advanced practice nurse, means a written, formal guide for	50630
planning and evaluating a patient's health care that is developed	50631
by one or more collaborating physicians or podiatrists and a	50632
clinical nurse specialist, certified nurse-midwife, or certified	50633
nurse practitioner and meets the requirements of section 4723.431	50634
of the Revised Code.	50635

(O) "Advanced practice nurse," until three years and eight	50636
months after May 17, 2000, means a registered nurse who is	50637
approved by the board of nursing under section 4723.55 of the	50638
Revised Code to practice as an advanced practice nurse.	50639

(P) "Dialysis care" means the care and procedures that a	50640
dialysis technician is authorized to provide and perform, as	50641
specified in section 4723.72 of the Revised Code.	50642

(Q) "Dialysis technician" means an individual who holds a	50643
current, valid certificate or temporary certificate issued under	50644
this chapter that authorizes the individual to practice as a	50645
dialysis technician in accordance with section 4723.72 of the	50646
Revised Code.	50647

(R) "Certified community health worker" means an individual	50648
who holds a current, valid certificate as a community health	50649
worker issued by the board of nursing under section 4723.85 of the	50650
Revised Code.	50651

Sec. 4723.06. (A) The board of nursing shall:

50652

(1) Administer and enforce the provisions of this chapter,	50653
including the taking of disciplinary action for violations of	50654
section 4723.28 of the Revised Code, any other provisions of this	50655
chapter, or rules adopted under this chapter;	50656

(2) Develop criteria that an applicant must meet to be	50657
eligible to sit for the examination for licensure to practice as a	50658
registered nurse or as a licensed practical nurse;	50659

(3) Issue and renew nursing licenses ~~and~~, dialysis technician	50660
certificates, and community health worker certificates, as	50661
provided in this chapter;	50662

(4) Define the minimum curricula and standards for	50663
educational programs of the schools of professional nursing and	50664
schools of practical nursing in this state;	50665

(5) Survey, inspect, and grant full approval to prelicensure	50666
nursing education programs that meet the standards established by	50667
rules adopted under section 4723.07 of the Revised Code.	50668
Prelicensure nursing education programs include, but are not	50669
limited to, associate degree, baccalaureate degree, diploma, and	50670
doctor of nursing programs leading to initial licensure to	50671
practice nursing as a registered nurse and practical nurse	50672
programs leading to initial licensure to practice nursing as a	50673
licensed practical nurse.	50674

(6) Grant conditional approval, by a vote of a quorum of the	50675
board, to a new prelicensure nursing education program or a	50676
program that is being reestablished after having ceased to	50677
operate, if the program meets and maintains the minimum standards	50678
of the board established by rules adopted under section 4723.07 of	50679
the Revised Code. If the board does not grant conditional	50680
approval, it shall hold an adjudication under Chapter 119. of the	50681
Revised Code to consider conditional approval of the program. If	50682
the board grants conditional approval, at its first meeting after	50683
the first class has completed the program, the board shall	50684
determine whether to grant full approval to the program. If the	50685
board does not grant full approval or if it appears that the	50686
program has failed to meet and maintain standards established by	50687
rules adopted under section 4723.07 of the Revised Code, the board	50688
shall hold an adjudication under Chapter 119. of the Revised Code	50689
to consider the program. Based on results of the adjudication, the	50690
board may continue or withdraw conditional approval, or grant full	50691
approval.	50692

(7) Place on provisional approval, for a period of time	50693
specified by the board, a program that has ceased to meet and	50694
maintain the minimum standards of the board established by rules	50695
adopted under section 4723.07 of the Revised Code. At the end of	50696
the period, the board shall reconsider whether the program meets	50697
the standards and shall grant full approval if it does. If it does	50698
not, the board may withdraw approval, pursuant to an adjudication	50699
under Chapter 119. of the Revised Code.	50700

(8) Approve continuing nursing education programs and courses	50701
under standards established in rules adopted under section 4723.07	50702
of the Revised Code;	50703

(9) Approve peer support programs, under rules adopted under	50704
section 4723.07 of the Revised Code, for nurses ~~and~~, for dialysis	50705
technicians, and for certified community health workers;	50706

(10) Establish a program for monitoring chemical dependency	50707
in accordance with section 4723.35 of the Revised Code;	50708

(11) Establish the practice intervention and improvement	50709
program in accordance with section 4723.282 of the Revised Code;	50710

(12) Issue and renew certificates of authority to practice	50711
nursing as a certified registered nurse anesthetist, clinical	50712
nurse specialist, certified nurse-midwife, or certified nurse	50713
practitioner;	50714

(13) Approve under section 4723.46 of the Revised Code	50715
national certifying organizations for examination and	50716
certification of certified registered nurse anesthetists, clinical	50717
nurse specialists, certified nurse-midwives, or certified nurse	50718
practitioners;	50719

(14) Issue and renew certificates to prescribe in accordance	50720
with sections 4723.48 and 4723.485 of the Revised Code;	50721

(15) Grant approval to the planned classroom and clinical	50722
study required by section 4723.483 of the Revised Code to be	50723
eligible for a certificate to prescribe;	50724

(16) Make an annual edition of the formulary established in	50725
rules adopted under section 4723.50 of the Revised Code available	50726
to the public either in printed form or by electronic means and,	50727
as soon as possible after any revision of the formulary becomes	50728
effective, make the revision available to the public in printed	50729
form or by electronic means;	50730

(17) Provide guidance and make recommendations to the general	50731
assembly, the governor, state agencies, and the federal government	50732
with respect to the regulation of the practice of nursing and the	50733
enforcement of this chapter;	50734

(18) Make an annual report to the governor, which shall be	50735
open for public inspection;	50736

(19) Maintain and have open for public inspection the	50737
following records:	50738

(a) A record of all its meetings and proceedings;

50739

(b) A file of holders of nursing licenses, registrations, and	50740
certificates granted under this chapter ~~and~~; dialysis technician	50741
certificates granted under this chapter; and community health	50742
worker certificates granted under this chapter. The file shall be	50743
maintained in the form prescribed by rule of the board.	50744

(c) A list of prelicensure nursing education programs	50745
approved by the board;	50746

(d) A list of approved peer support programs for nurses ~~and~~,	50747
dialysis technicians, and certified community health workers.	50748

(B) The board may fulfill the requirement of division (A)(8)	50749
of this section by authorizing persons who meet the standards	50750
established in rules adopted under section 4723.07 of the Revised	50751
Code to approve continuing nursing education programs and courses.	50752
Persons so authorized shall approve continuing nursing education	50753
programs and courses in accordance with standards established in	50754
rules adopted under section 4723.07 of the Revised Code.	50755

Persons seeking authorization to approve continuing nursing	50756
education programs and courses shall apply to the board and pay	50757
the appropriate fee established under section 4723.08 of the	50758
Revised Code. Authorizations to approve continuing nursing	50759
education programs and courses shall expire, and may be renewed	50760
according to the schedule established in rules adopted under	50761
section ~~4732.07~~4723.07 of the Revised Code.	50762

In addition to approving continuing nursing education	50763
programs under division (A)(8) of this section, the board may	50764
sponsor continuing education activities that are directly related	50765
to the statutes and rules pertaining to the practice of nursing in	50766
this state.	50767

Sec. 4723.063. (A) As used in this section:

50768

(1) "Health care facility" means:

50769

(a) A hospital registered under section 3701.07 of the	50770
Revised Code;	50771

(b) A nursing home licensed under section 3721.02 of the	50772
Revised Code, or by a political subdivision certified under	50773
section 3721.09 of the Revised Code;	50774

(c) A county home or a county nursing home as defined in	50775
section 5155.31 of the Revised Code that is certified under Title	50776
XVIII or XIX of the "Social Security Act," 49 Stat. 620 (1935), 42	50777
U.S.C. 301, amended;	50778

(d) A freestanding dialysis center;

50779

(e) A freestanding inpatient rehabilitation facility;

50780

(f) An ambulatory surgical facility;

50781

(g) A freestanding cardiac catheterization facility;

50782

(h) A freestanding birthing center;

50783

(i) A freestanding or mobile diagnostic imaging center;

50784

(j) A freestanding radiation therapy center.

50785

(2) "Nurse education program" means a prelicensure nurse	50786
education program approved by the board of nursing under section	50787
4723.06 of the Revised Code or a postlicensure nurse education	50788
program approved by the board of regents under section 3333.04 of	50789
the Revised Code.	50790

(B) The state board of nursing shall establish and administer	50791
the nurse education grant program. Under the program, the board	50792
shall award grants to nurse education programs that have	50793
partnerships with other education programs, community health	50794
agencies, or health care facilities. Grant recipients shall use	50795
the money to fund partnerships to increase the nurse education	50796
program's enrollment capacity. Methods of increasing a program's	50797
enrollment capacity may include hiring faculty and preceptors,	50798
purchasing educational equipment and materials, and other actions	50799
acceptable to the board. Grant money shall not be used to	50800
construct or renovate buildings. Partnerships may be developed	50801
between one or more nurse education programs and one or more	50802
health care facilities.	50803

In awarding grants, the board shall give preference to	50804
partnerships between nurse education programs and hospitals,	50805
nursing homes, and county homes or county nursing homes, but may	50806
also award grants to fund partnerships between nurse education	50807
programs and other health care facilities.	50808

(C) The board shall adopt rules in accordance with Chapter	50809
119. of the Revised Code establishing the following:	50810

(1) Eligibility requirements for receipt of a grant;

50811

(2) Grant application forms and procedures;

50812

(3) The amounts in which grants may be made and the total	50813
amount that may be awarded to a nurse education program that has a	50814
partnership with other education programs, a community health	50815
agency, or a health care facility;	50816

(4) A method whereby the board may evaluate the effectiveness	50817
of a partnership between joint recipients in increasing the nurse	50818
education program's enrollment capacity;	50819

(5) The percentage of the money in the fund that must remain	50820
in the fund at all times to maintain a fiscally responsible fund	50821
balance;	50822

(6) The percentage of available grants to be awarded to	50823
licensed practical nurse education programs, registered nurse	50824
education programs, and graduate programs;	50825

(7) Any other matters incidental to the operation of the	50826
program.	50827

(D) From January 1, 2004, until December 31, 2013, the ten	50828
dollars of each biennial nursing license renewal fee collected	50829
under section 4723.08 of the Revised Code shall be dedicated to	50830
the nurse education grant program fund, which is hereby created in	50831
the state treasury. The board shall use money in the fund for	50832
grants awarded under division (A) of this section and for expenses	50833
of administering the grant program. The amount used for	50834
administrative expenses in any year shall not exceed ten per cent	50835
of the amount transferred to the fund in that year.	50836

(E) Each quarter, for the purposes of transferring funds to	50837
the nurse education grant program, the board of nursing shall	50838
certify to the director of budget and management the number of	50839
biennial licenses renewed under this chapter during the preceding	50840
quarter and the amount equal to that number times ten dollars.	50841

(F) Notwithstanding the requirements of section 4743.05 of	50842
the Revised Code, from January 1, 2004, until December 31, 2013,	50843
at the end of each quarter, the director of budget and management	50844
shall transfer from the occupational licensing and regulatory fund	50845
to the nurse education grant program fund the amount certified	50846
under division (E) of this section.	50847

Sec. 4723.07. In accordance with Chapter 119. of the Revised	50848
Code, the board of nursing shall adopt and may amend and rescind	50849
rules that establish all of the following:	50850

(A) Provisions for the board's government and control of its	50851
actions and business affairs;	50852

(B) Minimum curricula and standards for nursing education	50853
programs that prepare graduates to be licensed under this chapter	50854
and procedures for granting, renewing, and withdrawing approval of	50855
those programs;	50856

(C) Criteria that applicants for licensure must meet to be	50857
eligible to take examinations for licensure;	50858

(D) Standards and procedures for renewal of the licenses and	50859
certificates issued by the board;	50860

(E) Standards for approval of continuing nursing education	50861
programs and courses for registered nurses, licensed practical	50862
nurses, certified registered nurse anesthetists, clinical nurse	50863
specialists, certified nurse-midwives, and certified nurse	50864
practitioners. The standards may provide for approval of	50865
continuing nursing education programs and courses that have been	50866
approved by other state boards of nursing or by national	50867
accreditation systems for nursing, including, but not limited to,	50868
the American nurses' credentialing center and the national	50869
association for practical nurse education and service.	50870

(F) Standards that persons must meet to be authorized by the	50871
board to approve continuing nursing education programs and courses	50872
and a schedule by which that authorization expires and may be	50873
renewed;	50874

(G) Requirements, including continuing education	50875
requirements, for restoring inactive nursing licenses ~~and~~,	50876
dialysis technician certificates, and community health worker	50877
certificates, and for restoring nursing licenses ~~and~~, dialysis	50878
technician certificates, and community health worker certificates	50879
that have lapsed through failure to renew;	50880

(H) Conditions that may be imposed for reinstatement of a	50881
nursing license or, dialysis technician certificate, or community	50882
health worker certificate following action taken under ~~sections~~	50883
section 3123.47, 4723.28, ~~and~~ 4723.281, or 4723.86 of the Revised	50884
Code resulting in a license or certificate suspension ~~from~~	50885
~~practice~~;	50886

(I) Standards for approval of peer support programs for	50887
persons who hold a nursing license or, dialysis technician	50888
certificate, or community health worker certificate;	50889

(J) Requirements for board approval of courses in medication	50890
administration by licensed practical nurses;	50891

(K) Criteria for evaluating the qualifications of an	50892
applicant for a license to practice nursing as a registered nurse	50893
or licensed practical nurse, a certificate of authority issued	50894
under division (E) of section 4723.41 of the Revised Code, or a	50895
dialysis technician certificate, or a community health worker	50896
certificate by the board's endorsement of the applicant's	50897
authority to practice issued by the licensing agency of another	50898
state;	50899

(L) Universal blood and body fluid precautions that shall be	50900
used by each person holding a nursing license or dialysis	50901
technician certificate issued under this chapter who performs	50902
exposure-prone invasive procedures. The rules shall define and	50903
establish requirements for universal blood and body fluid	50904
precautions that include the following:	50905

(1) Appropriate use of hand washing;

50906

(2) Disinfection and sterilization of equipment;

50907

(3) Handling and disposal of needles and other sharp	50908
instruments;	50909

(4) Wearing and disposal of gloves and other protective	50910
garments and devices.	50911

(M) Standards and procedures for approving certificates of	50912
authority to practice nursing as a certified registered nurse	50913
anesthetist, clinical nurse specialist, certified nurse-midwife,	50914
or certified nurse practitioner, and for renewal of those	50915
certificates;	50916

(N) Quality assurance standards for certified registered	50917
nurse anesthetists, clinical nurse specialists, certified	50918
nurse-midwives, or certified nurse practitioners;	50919

(O) Additional criteria for the standard care arrangement	50920
required by section 4723.431 of the Revised Code entered into by a	50921
clinical nurse specialist, certified nurse-midwife, or certified	50922
nurse practitioner and the nurse's collaborating physician or	50923
podiatrist;	50924

(P) Continuing education standards for clinical nurse	50925
specialists who are exempt under division (C) of section 4723.41	50926
of the Revised Code from the requirement of having passed a	50927
certification examination;	50928

(Q) For purposes of division (B)(31) of section 4723.28 of	50929
the Revised Code, the actions, omissions, or other circumstances	50930
that constitute failure to establish and maintain professional	50931
boundaries with a patient.	50932

The board may adopt other rules necessary to carry out the	50933
provisions of this chapter. The rules shall be adopted in	50934
accordance with Chapter 119. of the Revised Code.	50935

Sec. 4723.08. (A) The board of nursing may impose fees not	50936
to exceed the following limits:	50937

(1) For application for licensure by examination to practice	50938
nursing as a registered nurse or as a licensed practical nurse,	50939
~~fifty~~seventy-five dollars;	50940

(2) For application for licensure by endorsement to practice	50941
nursing as a registered nurse or as a licensed practical nurse,	50942
~~fifty~~seventy-five dollars;	50943

(3) For application for a certificate of authority to	50944
practice nursing as a certified registered nurse anesthetist,	50945
clinical nurse specialist, certified nurse-midwife, or certified	50946
nurse practitioner, one hundred dollars;	50947

(4) For application for a temporary dialysis technician	50948
certificate, the amount specified in rules adopted under section	50949
4723.79 of the Revised Code;	50950

(5) For application for a full dialysis technician	50951
certificate, the amount specified in rules adopted under section	50952
4723.79 of the Revised Code;	50953

(6) For application for a certificate to prescribe, fifty	50954
dollars;	50955

(7) For verification of a nursing license, certificate of	50956
authority, or dialysis technician certificate to another	50957
jurisdiction, fifteen dollars;	50958

(8) For providing a replacement copy of a nursing license,	50959
certificate of authority, orcertificate to prescribe, dialysis	50960
technician certificate, ~~fifteen~~intravenous therapy card, or	50961
frameable certificate, twenty-five dollars;	50962

(9) For biennial renewal of a nursing license that expires on	50963
or ~~before~~after August 31, 2003, ~~thirty-five~~but before January 1,	50964
2004, forty-five dollars;	50965

(10) For biennial renewal of a nursing license that expires	50966
on or after ~~September 1, 2003, forty-five~~January 1, 2004,	50967
sixty-five dollars;	50968

(11) For biennial renewal of a certificate of authority to	50969
practice nursing as a certified registered nurse anesthetist,	50970
clinical nurse specialist, certified nurse mid-wife, or certified	50971
nurse practitioner that expires on or before August 31, 2005, one	50972
hundred dollars;	50973

(12) For biennial renewal of a certificate of authority to	50974
practice nursing as a certified registered nurse anesthetist,	50975
clinical nurse specialist, certified nurse-midwife, or certified	50976
nurse practitioner that expires on or after September 1, 2005,	50977
eighty-five dollars;	50978

(13) For renewal of a certificate to prescribe, fifty	50979
dollars;	50980

(14) For biennial renewal of a dialysis technician	50981
certificate, the amount specified in rules adopted under section	50982
4723.79 of the Revised Code;	50983

(15) For processing a late application for renewal of a	50984
nursing license, certificate of authority, or dialysis technician	50985
certificate, fifty dollars;	50986

(16) For application for authorization to approve continuing	50987
nursing education programs and courses from an applicant	50988
accredited by a national accreditation system for nursing, five	50989
hundred dollars;	50990

(17) For application for authorization to approve continuing	50991
nursing education programs and courses from an applicant not	50992
accredited by a national accreditation system for nursing, one	50993
thousand dollars;	50994

(18) For each year for which authorization to approve	50995
continuing nursing education programs and courses is renewed, one	50996
hundred fifty dollars;	50997

(19) For application for approval to operate a dialysis	50998
training program, the amount specified in rules adopted under	50999
section 4723.79 of the Revised Code;	51000

(20) For reinstatement of a lapsed nursing license,	51001
certificate of authority, or dialysis technician certificate, one	51002
hundred dollars;	51003

(21) For written verification of a nursing license,	51004
certificate of authority, or dialysis technician certificate, when	51005
the verification is performed for purposes other than providing	51006
verification to another jurisdiction, five dollars~~. The board may~~	51007
~~contract for services pertaining to this verification process and~~	51008
~~the collection of the fee, and may permit the contractor to retain~~	51009
~~a portion of the fees as compensation, before any amounts are~~	51010
~~deposited into the state treasury.~~;	51011

(22) For processing a check returned to the board by a	51012
financial institution as noncollectible, twenty-five dollars;	51013

(23) For issuance of an intravenous therapy card for which a	51014
fee may be charged under section 4723.17 of the Revised Code,	51015
twenty-five dollars;	51016

(24) For out-of-state survey visits of nursing education	51017
programs operating in Ohio, two thousand dollars;	51018

(25) The amounts specified in rules adopted under section	51019
4723.88 of the Revised Code pertaining to the issuance of	51020
certificates to community health workers, including fees for	51021
application for a certificate, verification of a certificate to	51022
another jurisdiction, written verification of a certificate when	51023
the verification is performed for purposes other than verification	51024
to another jurisdiction, providing a replacement copy of a	51025
certificate, biennial renewal of a certificate, processing a late	51026
application for renewal of a certificate, reinstatement of a	51027
lapsed certificate, application for approval of a community health	51028
worker training program for community health workers, and biennial	51029
renewal of the approval of a training program for community health	51030
workers.	51031

(B) Each quarter, for purposes of transferring funds under	51032
section 4743.05 of the Revised Code to the nurse education	51033
assistance fund created in section 3333.28 of the Revised Code,	51034
the board of nursing shall certify to the director of budget and	51035
management the number of biennial licenses renewed under this	51036
chapter during the preceding quarter and the amount equal to that	51037
number times five dollars.	51038

(C) The board may charge a participant in a board-sponsored	51039
continuing education activity an amount not exceeding fifteen	51040
dollars for each activity.	51041

(D) The board may contract for services pertaining to the	51042
process of providing written verification of a nursing license,	51043
certificate of authority, dialysis technician certificate, or	51044
community health worker certificate when the verification is	51045
performed for purposes other than providing verification to	51046
another jurisdiction. The contract may include provisions	51047
pertaining to the collection of the fee charged for providing the	51048
written verification. As part of these provisions, the board may	51049
permit the contractor to retain a portion of the fees as	51050
compensation, before any amounts are deposited into the state	51051
treasury.	51052

Sec. 4723.082. ~~All~~(A) Except as provided in section	51053
4723.062 of the Revised Code and division (B) of this section, all	51054
receipts of the board of nursing, from any source, shall be	51055
deposited in the state treasury to the credit of the occupational	51056
licensing and regulatory fund. ~~All~~	51057

(B) All receipts from board-sponsored continuing education	51058
activities shall be deposited in the state treasury to the credit	51059
of the special nursing issue fund created by section 4723.062 of	51060
the Revised Code.	51061

(C) All vouchers of the board shall be approved by the board	51062
president or executive director, or both, as authorized by the	51063
board.	51064

Sec. 4723.17. (A) The board of nursing may authorize a	51065
licensed practical nurse to administer to an adult intravenous	51066
therapy authorized by an individual who is authorized to practice	51067
in this state and is acting within the course of the individual's	51068
professional practice, if ~~all of the following are true of~~ the	51069
licensed practical nurse:	51070

~~(1) The nurse~~ has a current, valid license issued under this	51071
chapter that includes authorization to administer medications and	51072
one of the following is the case:	51073

(1) The nurse has successfully completed, within a practical	51074
nurse prelicensure education program approved by the board or by	51075
another jurisdiction's agency that regulates the practice of	51076
nursing, a course of study that prepares the nurse to safely	51077
perform the intravenous therapy procedures the board may authorize	51078
under this section. To meet this requirement, the course of study	51079
must include all of the following:	51080

(a) Both didactic and clinical components;

51081

(b) Curriculum requirements established in rules the board of	51082
nursing shall adopt in accordance with Chapter 119. of the Revised	51083
Code;	51084

(c) Standards that require the nurse to perform a successful	51085
demonstration of the intravenous procedures, including all skills	51086
needed to perform them safely.	51087

(2) The nurse has successfully completed a ~~course in~~	51088
~~intravenous administration approved by the board that includes~~	51089
~~both of the following:~~	51090

~~(a) A~~ minimum of forty hours of training that includes all of	51091
the following:	51092

~~(i)~~(a) The curriculum established by rules adopted by the	51093
board and in effect on January 1, 1999;	51094

~~(ii)~~(b) Training in the anatomy and physiology of the	51095
cardiovascular system, signs and symptoms of local and systemic	51096
complications in the administration of fluids and antibiotic	51097
additives, and guidelines for management of these complications;	51098

~~(iii)~~(c) Any other training or instruction the board	51099
considers appropriate.	51100

~~(b)~~(d) A testing component that ~~includes the successful~~	51101
~~performance of three venipunctures supervised by a physician or~~	51102
~~registered nurse in a health care setting~~requires the nurse to	51103
perform a successful demonstration of the intravenous procedures,	51104
including all skills needed to perform them safely.	51105

(B) Except as provided in section 4723.171 of the Revised	51106
Code, a licensed practical nurse may perform intravenous therapy	51107
only if authorized by the board pursuant to division (A) of this	51108
section and only if it is performed in accordance with this	51109
section.	51110

A licensed practical nurse authorized by the board to perform	51111
intravenous therapy may perform an intravenous therapy procedure	51112
only at the direction of one of the following:	51113

(1) A licensed physician, dentist, optometrist, or podiatrist	51114
who, except as provided in division (C)(2) of this section, is	51115
present and readily available at the facility where the	51116
intravenous therapy procedure is performed;	51117

(2) A registered nurse in accordance with division (C) of	51118
this section.	51119

(C)(1) Except as provided in division (C)(2) of this section	51120
and section 4723.171 of the Revised Code, when a licensed	51121
practical nurse authorized by the board to perform intravenous	51122
therapy performs an intravenous therapy procedure at the direction	51123
of a registered nurse, the registered nurse or another registered	51124
nurse shall be readily available at the site where the intravenous	51125
therapy is performed, and before the licensed practical nurse	51126
initiates the intravenous therapy, the registered nurse shall	51127
personally perform an on-site assessment of the individual who is	51128
to receive the intravenous therapy.	51129

(2) When a licensed practical nurse authorized by the board	51130
to perform intravenous therapy performs an intravenous therapy	51131
procedure in a home as defined in section 3721.10 of the Revised	51132
Code, or in an intermediate care facility for the mentally	51133
retarded as defined in section 5111.20 of the Revised Code, at the	51134
direction of a registered nurse or licensed physician, dentist,	51135
optometrist, or podiatrist, a registered nurse shall be on the	51136
premises of the home or facility or accessible by some form of	51137
telecommunication.	51138

(D) No licensed practical nurse shall perform any of the	51139
following intravenous therapy procedures:	51140

(1) Initiating or maintaining any of the following:

51141

(a) Blood or blood components;

51142

(b) Solutions for total parenteral nutrition;

51143

(c) Any cancer therapeutic medication including, but not	51144
limited to, cancer chemotherapy or an anti-neoplastic agent;	51145

(d) Solutions administered through any central venous line or	51146
arterial line or any other line that does not terminate in a	51147
peripheral vein, except that a licensed practical nurse authorized	51148
by the board to perform intravenous therapy may maintain the	51149
solutions specified in division (D)(6)(a) of this section that are	51150
being administered through a central venous line or peripherally	51151
inserted central catheter;	51152

(e) Any investigational or experimental medication.

51153

(2) Initiating intravenous therapy in any vein, except that a	51154
licensed practical nurse authorized by the board to perform	51155
intravenous therapy may initiate intravenous therapy in accordance	51156
with this section in a vein of the hand, forearm, or antecubital	51157
fossa;	51158

(3) Discontinuing a central venous, arterial, or any other	51159
line that does not terminate in a peripheral vein;	51160

(4) Initiating or discontinuing a peripherally inserted	51161
central catheter;	51162

(5) Mixing, preparing, or reconstituting any medication for	51163
intravenous therapy, except that a licensed practical nurse	51164
authorized by the board to perform intravenous therapy may prepare	51165
or reconstitute an antibiotic additive;	51166

(6) Administering medication via the intravenous route,	51167
including all of the following activities:	51168

(a) Adding medication to an intravenous solution or to an	51169
existing infusion, except that a licensed practical nurse	51170
authorized by the board to perform intravenous therapy may do	51171
either of the following:	51172

(i) Initiate an intravenous infusion containing one or more	51173
of the following elements: dextrose 5%; normal saline; lactated	51174
ringers; sodium chloride .45%; sodium chloride 0.2%; sterile	51175
water.	51176

(ii) Hang subsequent containers of the intravenous solutions	51177
specified in division (D)(6)(a) of this section that contain	51178
vitamins or electrolytes, if a registered nurse initiated the	51179
infusion of that same intravenous solution.	51180

(b) Initiating or maintaining an intravenous piggyback	51181
infusion, except that a licensed practical nurse authorized by the	51182
board to perform intravenous therapy may initiate or maintain an	51183
intravenous piggyback infusion containing an antibiotic additive;	51184

(c) Injecting medication via a direct intravenous route,	51185
except that a licensed practical nurse authorized by the board to	51186
perform intravenous therapy may inject heparin or normal saline to	51187
flush an intermittent infusion device or heparin lock including,	51188
but not limited to, bolus or push.	51189

(7) Aspirating any intravenous line to maintain patency;

51190

(8) Changing tubing on any line including, but not limited	51191
to, an arterial line or a central venous line, except that a	51192
licensed practical nurse authorized by the board to perform	51193
intravenous therapy may change tubing on an intravenous line that	51194
terminates in a peripheral vein;	51195

(9) Programming or setting any function of a patient	51196
controlled infusion pump.	51197

(E) Notwithstanding division (D) of this section, at the	51198
direction of a physician or a registered nurse, a licensed	51199
practical nurse authorized by the board to perform intravenous	51200
therapy may perform the following activities for the purpose of	51201
performing dialysis:	51202

(1) The routine administration and regulation of saline	51203
solution for the purpose of maintaining an established fluid plan;	51204

(2) The administration of a heparin dose intravenously;

51205

(3) The administration of a heparin dose peripherally via a	51206
fistula needle;	51207

(4) The loading and activation of a constant infusion pump or	51208
the intermittent injection of a dose of medication prescribed by a	51209
licensed physician for dialysis.	51210

(F) No person shall employ or direct a licensed practical	51211
nurse to perform an intravenous therapy procedure without first	51212
verifying that the licensed practical nurse is authorized by the	51213
board to perform intravenous therapy.	51214

(G) The board shall issue an intravenous therapy card to the	51215
licensed practical nurses authorized pursuant to division (A) of	51216
this section to perform intravenous therapy. A fee for issuing the	51217
card shall not be charged under section 4723.08 of the Revised	51218
Code if the licensed practical nurse receives the card by meeting	51219
the requirements of division (A)(1) of this section. The board	51220
shall maintain a registry of the names of licensed practical	51221
nurses ~~authorized pursuant to division (A) of this section to~~	51222
~~perform~~who hold intravenous therapy cards.	51223

Sec. 4723.271. The board of nursing shall provide a	51224
replacement copy of a nursing license, certificate of authority,	51225
or dialysis technician certificate, or community health worker	51226
certificate issued under this chapter upon request of the holder	51227
accompanied by proper identification as prescribed in rules	51228
adopted by the board and payment of the fee authorized under	51229
section 4723.08 of the Revised Code.	51230

Upon request of the holder of a nursing license, certificate	51231
of authority, or dialysis technician certificate, or community	51232
health worker certificate issued under this chapter and payment of	51233
the fee authorized under section 4723.08 of the Revised Code, the	51234
board shall verify to an agency of another jurisdiction or foreign	51235
country the fact that the person holds such nursing license,	51236
certificate of authority, or dialysis technician certificate, or	51237
community health worker certificate.	51238

Sec. 4723.34. (A) Reports to the board of nursing shall be	51239
made as follows:	51240

(1) Every employer of registered nurses, licensed practical	51241
nurses, or dialysis technicians shall report to the board of	51242
nursing the name of any current or former employee who holds a	51243
nursing license or dialysis technician certificate issued under	51244
this chapter who has engaged in conduct that would be grounds for	51245
disciplinary action by the board under section 4723.28 of the	51246
Revised Code. Every employer of certified community health workers	51247
shall report to the board the name of any current or former	51248
employee who holds a community health worker certificate issued	51249
under this chapter who has engaged in conduct that would be	51250
grounds for disciplinary action by the board under section 4723.86	51251
of the Revised Code.	51252

(2) Nursing associations shall report to the board the name	51253
of any registered nurse or licensed practical nurse and dialysis	51254
technician associations shall report to the board the name of any	51255
dialysis technician who has been investigated and found to	51256
constitute a danger to the public health, safety, and welfare	51257
because of conduct that would be grounds for disciplinary action	51258
by the board under section 4723.28 of the Revised Code, except	51259
that an association is not required to report the individual's	51260
name if the individual is maintaining satisfactory participation	51261
in a peer support program approved by the board under rules	51262
adopted under section 4723.07 of the Revised Code. Community	51263
health worker associations shall report to the board the name of	51264
any certified community health worker who has been investigated	51265
and found to constitute a danger to the public health, safety, and	51266
welfare because of conduct that would be grounds for disciplinary	51267
action by the board under section 4723.86 of the Revised Code,	51268
except that an association is not required to report the	51269
individual's name if the individual is maintaining satisfactory	51270
participation in a peer support program approved by the board	51271
under rules adopted under section 4723.07 of the Revised Code.	51272

(3) If the prosecutor in a case described in divisions (B)(3)	51273
to (5) of section 4723.28 of the Revised Code, or in a case where	51274
the trial court issued an order of dismissal upon technical or	51275
procedural grounds of a charge of a misdemeanor committed in the	51276
course of practice, a felony charge, or a charge of gross	51277
immorality or moral turpitude, knows or has reason to believe that	51278
the person charged is licensed under this chapter to practice	51279
nursing as a registered nurse or as a licensed practical nurse or	51280
holds a certificate issued under this chapter to practice as a	51281
dialysis technician, the prosecutor shall notify the board of	51282
nursing. With regard to certified community health workers, if the	51283
prosecutor in a case involving a charge of a misdemeanor committed	51284
in the course of employment, a felony charge, or a charge of gross	51285
immorality or moral turpitude, including a case dismissed on	51286
technical or procedural grounds, knows or has reason to believe	51287
that the person charged holds a community health worker	51288
certificate issued under this chapter, the prosecutor shall notify	51289
the board.	51290

Each notification required by this division shall be made on	51291
forms prescribed and provided by the board. The report shall	51292
include the name and address of the license or certificate holder,	51293
the charge, and the certified court documents recording the	51294
action.	51295

(B) If any person fails to provide a report required by this	51296
section, the board may seek an order from a court of competent	51297
jurisdiction compelling submission of the report.	51298

Sec. 4723.35. (A) As used in this section, "chemical	51299
dependency" means either of the following:	51300

(1) The chronic and habitual use of alcoholic beverages to	51301
the extent that the user no longer can control the use of alcohol	51302
or endangers the user's health, safety, or welfare or that of	51303
others;	51304

(2) The use of a controlled substance as defined in section	51305
3719.01 of the Revised Code, a harmful intoxicant as defined in	51306
section 2925.01 of the Revised Code, or a dangerous drug as	51307
defined in section 4729.01 of the Revised Code, to the extent that	51308
the user becomes physically or psychologically dependent on the	51309
substance, intoxicant, or drug or endangers the user's health,	51310
safety, or welfare or that of others.	51311

(B) The board of nursing may abstain from taking disciplinary	51312
action under section 4723.28 or 4723.86 of the Revised Code	51313
against an individual with a chemical dependency if it finds that	51314
the individual can be treated effectively and there is no	51315
impairment of the individual's ability to practice according to	51316
acceptable and prevailing standards of safe care. The board shall	51317
establish a chemical dependency monitoring program to monitor the	51318
registered nurses, licensed practical nurses, ~~and~~ dialysis	51319
technicians, and certified community health workers against whom	51320
the board has abstained from taking action. The board shall	51321
develop the program, select the program's name, and designate a	51322
coordinator to administer the program.	51323

(C) The board shall adopt rules in accordance with Chapter	51324
119. of the Revised Code that establish the following:	51325

(1) Eligibility requirements for admission to and continued	51326
participation in the monitoring program;	51327

(2) Terms and conditions that must be met to participate in	51328
and successfully complete the program;	51329

(3) Procedures for keeping confidential records regarding	51330
participants;	51331

(4) Any other requirements or procedures necessary to	51332
establish and administer the program.	51333

(D)(1) As a condition of being admitted to the monitoring	51334
program, an individual shall surrender to the program coordinator	51335
the license or certificate that the individual holds. While the	51336
surrender is in effect, the individual is prohibited from engaging	51337
in the practice of nursing or, engaging in the provision of	51338
dialysis care, or engaging in the provision of services that were	51339
being provided as a certified community health worker.	51340

If the program coordinator determines that a participant is	51341
capable of resuming practice according to acceptable and	51342
prevailing standards of safe care, the coordinator shall return	51343
the participant's license or certificate. If the participant	51344
violates the terms and conditions of resumed practice, the program	51345
coordinator shall require the participant to surrender the license	51346
or certificate as a condition of continued participation in the	51347
program. The coordinator may require the surrender only on the	51348
approval of the board's supervising member for disciplinary	51349
matters.	51350

The surrender of a license or certificate on admission to the	51351
monitoring program or while participating in the program does not	51352
constitute an action by the board under section 4723.28 or 4723.86	51353
of the Revised Code. The participant may rescind the surrender at	51354
any time and the board may proceed by taking action under section	51355
4723.28 or 4723.86 of the Revised Code.	51356

(2) If the program coordinator determines that a participant	51357
is significantly out of compliance with the terms and conditions	51358
for participation, the coordinator shall notify the board's	51359
supervising member for disciplinary matters and the supervising	51360
member shall temporarily suspend the participant's license or	51361
certificate. The program coordinator shall notify the participant	51362
of the suspension by certified mail sent to the participant's last	51363
known address and shall refer the matter to the board for formal	51364
action under section 4723.28 or 4723.86 of the Revised Code.	51365

(E) All of the following apply with respect to the receipt,	51366
release, and maintenance of records and information by the	51367
monitoring program:	51368

(1) The program coordinator shall maintain all records in the	51369
board's office for a period of five years.	51370

(2) When applying to participate in the monitoring program,	51371
the applicant shall sign a waiver permitting the program	51372
coordinator to receive and release information necessary for the	51373
coordinator to determine whether the individual is eligible for	51374
admission. After being admitted, the participant shall sign a	51375
waiver permitting the program coordinator to receive and release	51376
information necessary to determine whether the individual is	51377
eligible for continued participation in the program. Information	51378
that may be necessary for the program coordinator to determine	51379
eligibility for admission or continued participation in the	51380
monitoring program includes, but is not limited to, information	51381
provided to and by employers, probation officers, law enforcement	51382
agencies, peer assistance programs, health professionals, and	51383
treatment providers. No entity with knowledge that the information	51384
has been provided to the monitoring program shall divulge that	51385
knowledge to any other person.	51386

(3) Except as provided in division (E)(4) of this section,	51387
all records pertaining to an individual's application for or	51388
participation in the monitoring program, including medical	51389
records, treatment records, and mental health records, shall be	51390
confidential. The records are not public records for the purposes	51391
of section 149.43 of the Revised Code and are not subject to	51392
discovery by subpoena or admissible as evidence in any judicial	51393
proceeding.	51394

(4) The program coordinator may disclose information	51395
regarding a participant's progress in the program to any person or	51396
government entity that the participant authorizes in writing to be	51397
given the information. In disclosing information under this	51398
division, the coordinator shall not include any information that	51399
is protected under section 3793.13 of the Revised Code or any	51400
federal statute or regulation that provides for the	51401
confidentiality of medical, mental health, or substance abuse	51402
records.	51403

(F) In the absence of fraud or bad faith, the program	51404
coordinator, the board of nursing, and the board's employees and	51405
representatives are not liable for damages in any civil action as	51406
a result of disclosing information in accordance with division	51407
(E)(4) of this section. In the absence of fraud or bad faith, any	51408
person reporting to the program with regard to an individual's	51409
chemical dependence, or the progress or lack of progress of that	51410
individual with regard to treatment, is not liable for damages in	51411
any civil action as a result of the report.	51412

Sec. 4723.431. (A) Except as provided in division (C)(1) of	51413
this section, a clinical nurse specialist, certified	51414
nurse-midwife, or certified nurse practitioner may practice only	51415
in accordance with a standard care arrangement entered into with	51416
each physician or podiatrist with whom the nurse collaborates. A	51417
copy of the standard care arrangement shall be retained on file at	51418
each site where the nurse practices. Prior approval of the	51419
standard care arrangement by the board of nursing is not required,	51420
but the board may periodically review it for compliance with this	51421
section.	51422

A clinical nurse specialist, certified nurse-midwife, or	51423
certified nurse practitioner may enter into a standard care	51424
arrangement with one or more collaborating physicians or	51425
podiatrists. Each physician or podiatrist must be actively engaged	51426
in direct clinical practice in this state and practicing in a	51427
specialty that is the same as or similar to the nurse's nursing	51428
specialty. If a collaborating physician or podiatrist enters into	51429
standard care arrangements with more than three nurses who hold	51430
certificates to prescribe issued under section 4723.48 of the	51431
Revised Code, the physician or podiatrist shall not collaborate at	51432
the same time with more than three of the nurses in the	51433
prescribing component of their practices.	51434

(B) A standard care arrangement shall be in writing and,	51435
except as provided in division (C)(2) of this section, shall	51436
contain all of the following:	51437

(1) Criteria for referral of a patient by the clinical nurse	51438
specialist, certified nurse-midwife, or certified nurse	51439
practitioner to a collaborating physician or podiatrist;	51440

(2) A process for the clinical nurse specialist, certified	51441
nurse-midwife, or certified nurse practitioner to obtain a	51442
consultation with a collaborating physician or podiatrist;	51443

(3) A plan for coverage in instances of emergency or planned	51444
absences of either the clinical nurse specialist, certified	51445
nurse-midwife, or certified nurse practitioner or a collaborating	51446
physician or podiatrist that provides the means whereby a	51447
physician or podiatrist is available for emergency care;	51448

(4) The process for resolution of disagreements regarding	51449
matters of patient management between the clinical nurse	51450
specialist, certified nurse-midwife, or certified nurse	51451
practitioner and a collaborating physician or podiatrist;	51452

(5) A procedure for a regular review of the referrals by the	51453
clinical nurse specialist, certified nurse-midwife, or certified	51454
nurse practitioner to other health care professionals and the care	51455
outcomes for a random sample of all patients seen by the nurse;	51456

(6) If the clinical nurse specialist or certified nurse	51457
practitioner regularly provides services to infants, a policy for	51458
care of infants up to age one and recommendations for	51459
collaborating physician visits for children from birth to age	51460
three;	51461

(7) Any other criteria required by rule of the board adopted	51462
pursuant to section 4723.07 or 4723.50 of the Revised Code.	51463

(C) A standard care arrangement entered into pursuant to this	51464
section may permit a clinical nurse specialist, certified	51465
nurse-midwife, or certified nurse practitioner to supervise	51466
services provided by a home health agency as defined in section	51467
3701.881 of the Revised Code.	51468

(D)(1) A clinical nurse specialist who does not hold a	51469
certificate to prescribe and whose nursing specialty is mental	51470
health or psychiatric mental health, as determined by the board,	51471
is not required to enter into a standard care arrangement, but	51472
shall practice in collaboration with one or more physicians.	51473

(2) If a clinical nurse specialist practicing in either of	51474
the specialties specified in division (C)(1) of this section holds	51475
a certificate to prescribe, the nurse shall enter into a standard	51476
care arrangement with one or more physicians. The standard care	51477
arrangement must meet the requirements of division (B) of this	51478
section, but only to the extent necessary to address the	51479
prescribing component of the nurse's practice.	51480

~~(D)~~(E) Nothing in this section prohibits a hospital from	51481
hiring a clinical nurse specialist, certified nurse-midwife, or	51482
certified nurse practitioner as an employee and negotiating	51483
standard care arrangements on behalf of the employee as necessary	51484
to meet the requirements of this section. A standard care	51485
arrangement between the hospital's employee and the employee's	51486
collaborating physician is subject to approval by the medical	51487
staff and governing body of the hospital prior to implementation	51488
of the arrangement at the hospital.	51489

Sec. 4723.63. On receipt of a notice pursuant to section	51490
3123.43 of the Revised Code, the board of nursing shall comply	51491
with sections 3123.41 to 3123.50 of the Revised Code and any	51492
applicable rules adopted under section 3123.63 of the Revised Code	51493
with respect to a nursing license or, dialysis technician	51494
certificate, or community health worker certificate issued	51495
pursuant to this chapter.	51496

Sec. 4723.81. The board of nursing shall develop and	51497
implement a program for the certification of community health	51498
workers. The board shall begin issuing community health worker	51499
certificates under section 4723.85 of the Revised Code not later	51500
than February 1, 2005.	51501

The certification program shall reflect the board's	51502
recognition of individuals who, as community representatives,	51503
advocate for individuals and groups in the community by assisting	51504
them in accessing community health and supportive resources	51505
through the provision of such services as education, role	51506
modeling, outreach, home visits, and referrals, any of which may	51507
be targeted toward an individual, family, or entire community. The	51508
certification program also shall reflect the board's recognition	51509
of the individuals as members of the community with a unique	51510
perspective of community needs that enables them to develop	51511
culturally appropriate solutions to problems and translate the	51512
solutions into practice.	51513

The certification program does not require an individual to	51514
obtain a community health worker certificate as a means of	51515
authorizing the individual to perform any of the activities that	51516
may be performed by an individual who holds a community health	51517
worker certificate.	51518

Sec. 4723.82. (A) An individual who holds a current, valid	51519
community health worker certificate issued by the board of nursing	51520
under section 4723.85 of the Revised Code may use the title	51521
"certified community health worker" or "community health worker."	51522
When providing services within the community, the certificate	51523
holder may represent to the public that the individual is	51524
providing the services under either title.	51525

(B)(1) Holding a community health worker certificate does not	51526
authorize an individual to administer medications or perform any	51527
other activity that requires judgment based on nursing knowledge	51528
or expertise. Any activities performed by a certified community	51529
health worker that are related to nursing care shall be performed	51530
only pursuant to the delegation of a registered nurse acting in	51531
accordance with the rules for delegation adopted under this	51532
chapter. Any other health-related activities performed by a	51533
certified community health worker shall be performed only under	51534
the supervision of a health professional acting within the scope	51535
of the professional's practice.	51536

Only a registered nurse may supervise a certified community	51537
health worker when performing delegated activities related to	51538
nursing care. The registered nurse supervising a certified	51539
community health worker shall provide the supervision in	51540
accordance with the rules for delegation adopted under this	51541
chapter and the rules for supervision of community health workers	51542
adopted under section 4723.88 of the Revised Code, including the	51543
rules limiting the number of certified community health workers	51544
who may be supervised at any one time.	51545

(2) A registered nurse who delegates activities to a	51546
certified community health worker or supervises a certified	51547
community health worker in the performance of delegated activities	51548
is not liable in damages to any person or government entity in a	51549
civil action for injury, death, or loss to person or property that	51550
allegedly arises from an action or omission of the certified	51551
community health worker in performing the activities, if the	51552
registered nurse delegates the activities or provides the	51553
supervision in accordance with this chapter and the rules adopted	51554
under this chapter.	51555

Sec. 4723.83. (A) An individual seeking a community health	51556
worker certificate shall submit an application to the board of	51557
nursing on forms the board shall prescribe and furnish. The	51558
applicant shall include all information the board requires to	51559
process the application. The application shall be accompanied by	51560
the fee established in rules adopted under section 4723.88 of the	51561
Revised Code.	51562

(B) An applicant for a community health worker certificate	51563
shall submit a request to the bureau of criminal identification	51564
and investigation for a criminal records check of the applicant.	51565
The request shall be on the form prescribed pursuant to division	51566
(C)(1) of section 109.572 of the Revised Code, accompanied by a	51567
standard impression sheet to obtain fingerprints prescribed	51568
pursuant to division (C)(2) of that section, and accompanied by	51569
the fee prescribed pursuant to division (C)(3) of that section. On	51570
receipt of the completed form, the completed impression sheet, and	51571
the fee, the bureau shall conduct a criminal records check of the	51572
applicant. On completion of the criminal records check, the bureau	51573
shall send the results of the check to the board. The applicant	51574
shall ask the superintendent of the bureau of criminal	51575
identification and investigation to request that the federal	51576
bureau of investigation provide the superintendent with any	51577
information it has with respect to the applicant.	51578

The results of any criminal records check conducted pursuant	51579
to a request made under this section, and any report containing	51580
those results, are not public records for purposes of section	51581
149.43 of the Revised Code and shall not be made available to any	51582
person or for any purpose other than the following:	51583

(1) The results may be made available to any person for use	51584
in determining whether the individual who is the subject of the	51585
check should be issued a community health worker certificate.	51586

(2) The results may be made available to the individual who	51587
is the subject of the check or that individual's representative.	51588

Sec. 4723.84. (A) To be eligible to receive a community	51589
health worker certificate, an applicant shall meet all of the	51590
following conditions:	51591

(1) Be eighteen years of age or older;

51592

(2) Possess a high school diploma or the equivalent of a high	51593
school diploma, as determined by the board;	51594

(3) Except as provided in division (B) of this section,	51595
successfully complete a community health worker training program	51596
approved by the board under section 4723.87 of the Revised Code;	51597

(4) Have results on the criminal records check requested	51598
under section 4723.83 of the Revised Code indicating that the	51599
individual has not been convicted of, has not pleaded guilty to,	51600
and has not had a judicial finding of guilt for violating section	51601
2903.01, 2903.02, 2903.03, 2903.11, 2905.01, 2907.02, 2907.03,	51602
2907.05, 2909.02, 2911.01, or 2911.11 of the Revised Code or a	51603
substantially similar law of another state, the United States, or	51604
another country;	51605

(5) Meet all other requirements the board specifies in rules	51606
adopted under section 4723.88 of the Revised Code.	51607

(B) In lieu of meeting the condition of completing a	51608
community health worker training program, an applicant may be	51609
issued a community health worker certificate if the individual was	51610
employed in a capacity substantially the same as a community	51611
health worker before the board implemented the certification	51612
program. To be eligible under this division, an applicant must	51613
meet the requirements specified in rules adopted by the board	51614
under section 4723.88 of the Revised Code and provide	51615
documentation from the employer attesting to the employer's belief	51616
that the applicant is competent to perform activities as a	51617
certified community health worker.	51618

Sec. 4723.85. (A) The board of nursing shall review all	51619
applications received under section 4723.83 of the Revised Code.	51620
If an applicant meets the requirements of section 4723.84 of the	51621
Revised Code, the board shall issue a community health worker	51622
certificate to the applicant.	51623

(B) A community health worker certificate issued under this	51624
section expires biennially and may be renewed in accordance with	51625
the schedule and procedures established by the board in rules	51626
adopted under section 4723.88 of the Revised Code. To be eligible	51627
for renewal, an individual must complete the continuing education	51628
requirements established by the board in rules adopted under	51629
section 4723.88 of the Revised Code and meet all other	51630
requirements for renewal, as specified in the board's rules	51631
adopted under that section. If an applicant for renewal has	51632
successfully completed the continuing education requirements and	51633
meets all other requirements for renewal, the board shall issue a	51634
renewed community health worker certificate to the applicant.	51635

Sec. 4723.86. The board of nursing, by vote of a quorum, may	51636
deny, revoke, or suspend a community health worker certificate.	51637
The board may impose one or more of the sanctions against an	51638
applicant or certificate holder for any of the reasons it	51639
specifies in rules adopted under section 4723.88 of the Revised	51640
Code. All actions to impose a sanction shall be taken in	51641
accordance with Chapter 119. of the Revised Code.	51642

Sec. 4723.87. (A) A person or government entity seeking to	51643
operate a training program that prepares individuals to become	51644
certified community health workers shall submit an application to	51645
the board of nursing on forms the board shall prescribe and	51646
furnish. The applicant shall include all information the board	51647
requires to process the application. The application shall be	51648
accompanied by the fee established in rules adopted under section	51649
4723.87 of the Revised Code.	51650

The board shall review all applications received. If an	51651
applicant meets the standards for approval established in the	51652
board's rules adopted under section 4723.88 of the Revised Code,	51653
the board shall approve the program.	51654

(B) The board's approval of a training program expires	51655
biennially and may be renewed in accordance with the schedule and	51656
procedures established by the board in rules adopted under section	51657
4723.88 of the Revised Code.	51658

(C) If an approved community health worker training program	51659
ceases to meet the standards for approval, the board shall	51660
withdraw its approval of the program, refuse to renew its approval	51661
of the program, or place the program on provisional approval. In	51662
withdrawing or refusing to renew its approval, the board shall act	51663
in accordance with Chapter 119. of the Revised Code. In placing a	51664
program on provisional approval, the board shall specify the	51665
period of time during which the provisional approval is valid. At	51666
the end of the period, the board shall reconsider whether the	51667
program meets the standards for approval. If the program meets the	51668
standards for approval, the board shall reinstate its full	51669
approval of the program or renew its approval of the program. If	51670
the program does not meet the standards for approval, the board	51671
shall proceed by withdrawing or refusing to renew its approval of	51672
the program.	51673

Sec. 4723.88. The board of nursing, in accordance with	51674
Chapter 119. of the Revised Code, shall adopt rules to administer	51675
and enforce sections 4723.81 to 4723.87 of the Revised Code. The	51676
rules shall establish all of the following:	51677

(A) Standards and procedures for issuance of community health	51678
worker certificates;	51679

(B) Standards for evaluating the competency of an individual	51680
who applies to receive a certificate on the basis of having been	51681
employed in a capacity substantially the same as a community	51682
health worker before the board implemented the certification	51683
program;	51684

(C) Standards and procedures for renewal of community health	51685
worker certificates, including the continuing education	51686
requirements that must be met for renewal;	51687

(D) Standards governing the performance of activities related	51688
to nursing care that are delegated by a registered nurse to	51689
certified community health workers. In establishing the standards,	51690
the board shall specify limits on the number of certified	51691
community health workers a registered nurse may supervise at any	51692
one time.	51693

(E) Standards and procedures for assessing the quality of the	51694
services that are provided by certified community health workers;	51695

(F) Standards and procedures for denying, suspending, and	51696
revoking a community health worker certificate, including reasons	51697
for imposing the sanctions that are substantially similar to the	51698
reasons that sanctions are imposed under section 4723.28 of the	51699
Revised Code;	51700

(G) Standards and procedures for approving and renewing the	51701
board's approval of training programs that prepare individuals to	51702
become certified community health workers. In establishing the	51703
standards, the board shall specify the minimum components that	51704
must be included in a training program, shall require that all	51705
approved training programs offer the standardized curriculum, and	51706
shall ensure that the curriculum enables individuals to use the	51707
training as a basis for entering programs leading to other	51708
careers, including nursing education programs.	51709

(H) Standards and procedures for withdrawing the board's	51710
approval of a training program, refusing to renew the approval of	51711
a training program, and placing a training program on provisional	51712
approval;	51713

(I) Amounts for each fee that may be imposed under division	51714
(A)(25) of section 4723.08 of the Revised Code;	51715

(J) Any other standards or procedures the board considers	51716
necessary and appropriate for the administration and enforcement	51717
of sections 4723.81 to 4723.87 of the Revised Code.	51718

Sec. 4729.01. As used in this chapter:

51719

(A) "Pharmacy," except when used in a context that refers to	51720
the practice of pharmacy, means any area, room, rooms, place of	51721
business, department, or portion of any of the foregoing where the	51722
practice of pharmacy is conducted.	51723

(B) "Practice of pharmacy" means providing pharmacist care	51724
requiring specialized knowledge, judgment, and skill derived from	51725
the principles of biological, chemical, behavioral, social,	51726
pharmaceutical, and clinical sciences. As used in this division,	51727
"pharmacist care" includes the following:	51728

(1) Interpreting prescriptions;

51729

(2) Compounding or dispensing drugs and dispensing drug	51730
therapy related devices;	51731

(3) Counseling individuals with regard to their drug therapy,	51732
recommending drug therapy related devices, and assisting in the	51733
selection of drugs and appliances for treatment of common diseases	51734
and injuries and providing instruction in the proper use of the	51735
drugs and appliances;	51736

(4) Performing drug regimen reviews with individuals by	51737
discussing all of the drugs that the individual is taking and	51738
explaining the interactions of the drugs;	51739

(5) Performing drug utilization reviews with licensed health	51740
professionals authorized to prescribe drugs when the pharmacist	51741
determines that an individual with a prescription has a drug	51742
regimen that warrants additional discussion with the prescriber;	51743

(6) Advising an individual and the health care professionals	51744
treating an individual with regard to the individual's drug	51745
therapy;	51746

(7) Acting pursuant to a consult agreement with a physician	51747
authorized under Chapter 4731. of the Revised Code to practice	51748
medicine and surgery or osteopathic medicine and surgery, if an	51749
agreement has been established with the physician;	51750

(8) Administering ~~by injection~~ the adult immunizations	51751
specified in section 4729.41 of the Revised Code, if the	51752
pharmacist has met the requirements of that section.	51753

(C) "Compounding" means the preparation, mixing, assembling,	51754
packaging, and labeling of one or more drugs in any of the	51755
following circumstances:	51756

(1) Pursuant to a prescription issued by a licensed health	51757
professional authorized to prescribe drugs;	51758

(2) Pursuant to the modification of a prescription made in	51759
accordance with a consult agreement;	51760

(3) As an incident to research, teaching activities, or	51761
chemical analysis;	51762

(4) In anticipation of prescription drug orders based on	51763
routine, regularly observed dispensing patterns.	51764

(D) "Consult agreement" means an agreement to manage an	51765
individual's drug therapy that has been entered into by a	51766
pharmacist and a physician authorized under Chapter 4731. of the	51767
Revised Code to practice medicine and surgery or osteopathic	51768
medicine and surgery.	51769

(E) "Drug" means:

51770

(1) Any article recognized in the United States pharmacopoeia	51771
and national formulary, or any supplement to them, intended for	51772
use in the diagnosis, cure, mitigation, treatment, or prevention	51773
of disease in humans or animals;	51774

(2) Any other article intended for use in the diagnosis,	51775
cure, mitigation, treatment, or prevention of disease in humans or	51776
animals;	51777

(3) Any article, other than food, intended to affect the	51778
structure or any function of the body of humans or animals;	51779

(4) Any article intended for use as a component of any	51780
article specified in division (C)(1), (2), or (3) of this section;	51781
but does not include devices or their components, parts, or	51782
accessories.	51783

(F) "Dangerous drug" means any of the following:

51784

(1) Any drug to which either of the following applies:

51785

(a) Under the "Federal Food, Drug, and Cosmetic Act," 52	51786
Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, the drug is	51787
required to bear a label containing the legend "Caution: Federal	51788
law prohibits dispensing without prescription" or "Caution:	51789
Federal law restricts this drug to use by or on the order of a	51790
licensed veterinarian" or any similar restrictive statement, or	51791
the drug may be dispensed only upon a prescription;	51792

(b) Under Chapter 3715. or 3719. of the Revised Code, the	51793
drug may be dispensed only upon a prescription.	51794

(2) Any drug that contains a schedule V controlled substance	51795
and that is exempt from Chapter 3719. of the Revised Code or to	51796
which that chapter does not apply;	51797

(3) Any drug intended for administration by injection into	51798
the human body other than through a natural orifice of the human	51799
body.	51800

(G) "Federal drug abuse control laws" has the same meaning as	51801
in section 3719.01 of the Revised Code.	51802

(H) "Prescription" means a written, electronic, or oral order	51803
for drugs or combinations or mixtures of drugs to be used by a	51804
particular individual or for treating a particular animal, issued	51805
by a licensed health professional authorized to prescribe drugs.	51806

(I) "Licensed health professional authorized to prescribe	51807
drugs" or "prescriber" means an individual who is authorized by	51808
law to prescribe drugs or dangerous drugs or drug therapy related	51809
devices in the course of the individual's professional practice,	51810
including only the following:	51811

(1) A dentist licensed under Chapter 4715. of the Revised	51812
Code;	51813

(2) Until January 17, 2000, an advanced practice nurse	51814
approved under section 4723.56 of the Revised Code to prescribe	51815
drugs and therapeutic devices;	51816

(3) A clinical nurse specialist, certified nurse-midwife, or	51817
certified nurse practitioner who holds a certificate to prescribe	51818
issued under section 4723.48 of the Revised Code;	51819

(4) An optometrist licensed under Chapter 4725. of the	51820
Revised Code to practice optometry under a therapeutic	51821
pharmaceutical agents certificate;	51822

(5) A physician authorized under Chapter 4731. of the Revised	51823
Code to practice medicine and surgery, osteopathic medicine and	51824
surgery, or podiatry;	51825

(6) A veterinarian licensed under Chapter 4741. of the	51826
Revised Code.	51827

(J) "Sale" and "sell" include delivery, transfer, barter,	51828
exchange, or gift, or offer therefor, and each such transaction	51829
made by any person, whether as principal proprietor, agent, or	51830
employee.	51831

(K) "Wholesale sale" and "sale at wholesale" mean any sale in	51832
which the purpose of the purchaser is to resell the article	51833
purchased or received by the purchaser.	51834

(L) "Retail sale" and "sale at retail" mean any sale other	51835
than a wholesale sale or sale at wholesale.	51836

(M) "Retail seller" means any person that sells any dangerous	51837
drug to consumers without assuming control over and responsibility	51838
for its administration. Mere advice or instructions regarding	51839
administration do not constitute control or establish	51840
responsibility.	51841

(N) "Price information" means the price charged for a	51842
prescription for a particular drug product and, in an easily	51843
understandable manner, all of the following:	51844

(1) The proprietary name of the drug product;

51845

(2) The established (generic) name of the drug product;

51846

(3) The strength of the drug product if the product contains	51847
a single active ingredient or if the drug product contains more	51848
than one active ingredient and a relevant strength can be	51849
associated with the product without indicating each active	51850
ingredient. The established name and quantity of each active	51851
ingredient are required if such a relevant strength cannot be so	51852
associated with a drug product containing more than one	51853
ingredient.	51854

(4) The dosage form;

51855

(5) The price charged for a specific quantity of the drug	51856
product. The stated price shall include all charges to the	51857
consumer, including, but not limited to, the cost of the drug	51858
product, professional fees, handling fees, if any, and a statement	51859
identifying professional services routinely furnished by the	51860
pharmacy. Any mailing fees and delivery fees may be stated	51861
separately without repetition. The information shall not be false	51862
or misleading.	51863

(O) "Wholesale distributor of dangerous drugs" means a person	51864
engaged in the sale of dangerous drugs at wholesale and includes	51865
any agent or employee of such a person authorized by the person to	51866
engage in the sale of dangerous drugs at wholesale.	51867

(P) "Manufacturer of dangerous drugs" means a person, other	51868
than a pharmacist, who manufactures dangerous drugs and who is	51869
engaged in the sale of those dangerous drugs within this state.	51870

(Q) "Terminal distributor of dangerous drugs" means a person	51871
who is engaged in the sale of dangerous drugs at retail, or any	51872
person, other than a wholesale distributor or a pharmacist, who	51873
has possession, custody, or control of dangerous drugs for any	51874
purpose other than for that person's own use and consumption, and	51875
includes pharmacies, hospitals, nursing homes, and laboratories	51876
and all other persons who procure dangerous drugs for sale or	51877
other distribution by or under the supervision of a pharmacist or	51878
licensed health professional authorized to prescribe drugs.	51879

(R) "Promote to the public" means disseminating a	51880
representation to the public in any manner or by any means, other	51881
than by labeling, for the purpose of inducing, or that is likely	51882
to induce, directly or indirectly, the purchase of a dangerous	51883
drug at retail.	51884

(S) "Person" includes any individual, partnership,	51885
association, limited liability company, or corporation, the state,	51886
any political subdivision of the state, and any district,	51887
department, or agency of the state or its political subdivisions.	51888

(T) "Finished dosage form" has the same meaning as in section	51889
3715.01 of the Revised Code.	51890

(U) "Generically equivalent drug" has the same meaning as in	51891
section 3715.01 of the Revised Code.	51892

(V) "Animal shelter" means a facility operated by a humane	51893
society or any society organized under Chapter 1717. of the	51894
Revised Code or a dog pound operated pursuant to Chapter 955. of	51895
the Revised Code.	51896

(W) "Food" has the same meaning as in section 3715.01 of the	51897
Revised Code.	51898

Sec. 4729.41. (A) A pharmacist licensed under this chapter	51899
who meets the requirements of division (B) of this section may	51900
administer~~, by injection,~~ adult immunizations for any of the	51901
following:	51902

(1) Influenza;

51903

(2) Pneumonia;

51904

(3) Tetanus;

51905

(4) Hepatitis A;

51906

(5) Hepatitis B.

51907

(B) To be authorized to administer the adult immunizations	51908
specified in division (A) of this section, a pharmacist shall do	51909
all of the following:	51910

(1) Successfully complete a course in the administration of	51911
adult immunizations that has been approved by the state board of	51912
pharmacy as meeting the standards established for such courses by	51913
the centers for disease control and prevention in the public	51914
health service of the United States department of health and human	51915
services;	51916

(2) Receive and maintain certification to perform basic	51917
life-support procedures by successfully completing a basic	51918
life-support training course certified by the American red cross	51919
or American heart association;	51920

(3) Practice in accordance with a definitive set of treatment	51921
guidelines specified in a protocol established by a physician and	51922
approved by the state board of pharmacy. The protocol shall	51923
include provisions requiring that the pharmacist do both of the	51924
following:	51925

(a) Observe an individual who has been immunized by the	51926
pharmacist to determine whether the individual has an adverse	51927
reaction to the immunization. The length of time and location of	51928
the observation shall be specified in rules adopted by the state	51929
board of pharmacy under division (D) of this section.	51930

(b) Not later than thirty days after administering an adult	51931
immunization to an individual, notify the individual's family	51932
physician or, if the individual has no family physician, the board	51933
of health of the health district in which the individual resides.	51934

51935

(1) Engage in the administration of adult immunizations by	51936
injection unless the requirements of division (B) of this section	51937
have been met;	51938

(2) Delegate to any person the pharmacist's authority to	51939
administer adult immunizations.	51940

(D) The state board of pharmacy shall adopt rules to	51941
implement this section, including rules for approval of courses in	51942
administration of adult immunizations and approval of protocols to	51943
be followed by pharmacists in administering adult immunizations.	51944
Prior to adopting the rules regarding approval of protocols, the	51945
state board of pharmacy shall consult with the state medical board	51946
and the board of nursing. The rules shall be adopted in accordance	51947
with Chapter 119. of the Revised Code.	51948

Sec. 4731.27. (A) As used in this section, "collaboration,"	51949
"physician," "standard care arrangement," and "supervision" have	51950
the same meanings as in section 4723.01 of the Revised Code.	51951

(B) Except as provided in division ~~(C)~~(D)(1) of section	51952
4723.431 of the Revised Code, a physician or podiatrist shall	51953
enter into a standard care arrangement with each clinical nurse	51954
specialist, certified nurse-midwife, or certified nurse	51955
practitioner with whom the physician or podiatrist is in	51956
collaboration. The collaborating physician or podiatrist shall	51957
fulfill the responsibilities of collaboration, as specified in the	51958
arrangement and in accordance with division (A) of section	51959
4723.431 of the Revised Code. A copy of the standard care	51960
arrangement shall be retained on file at each site where the nurse	51961
practices. Prior approval of the standard care arrangement by the	51962
state medical board is not required, but the board may	51963
periodically review it.	51964

Nothing in this division prohibits a hospital from hiring a	51965
clinical nurse specialist, certified nurse-midwife, or certified	51966
nurse practitioner as an employee and negotiating standard care	51967
arrangements on behalf of the employee as necessary to meet the	51968
requirements of this section. A standard care arrangement between	51969
the hospital's employee and the employee's collaborating physician	51970
is subject to approval by the medical staff and governing body of	51971
the hospital prior to implementation of the arrangement at the	51972
hospital.	51973

(C) With respect to a clinical nurse specialist, certified	51974
nurse-midwife, or certified nurse practitioner participating in an	51975
externship pursuant to an initial certificate to prescribe issued	51976
under section 4723.48 of the Revised Code, the physician	51977
responsible for evaluating the externship shall provide the state	51978
medical board with the name of the nurse. If the externship is	51979
terminated for any reason, the physician shall notify the board.	51980

(D) A physician or podiatrist shall cooperate with the board	51981
of nursing in any investigation the board conducts with respect to	51982
a clinical nurse specialist, certified nurse-midwife, or certified	51983
nurse practitioner who collaborates with the physician or	51984
podiatrist or with respect to a certified registered nurse	51985
anesthetist who practices with the supervision of the physician or	51986
podiatrist.	51987

Sec. 4731.65. As used in sections 4731.65 to 4731.71 of the	51988
Revised Code:	51989

(A)(1) "Clinical laboratory services" means either of the	51990
following:	51991

(a) Any examination of materials derived from the human body	51992
for the purpose of providing information for the diagnosis,	51993
prevention, or treatment of any disease or impairment or for the	51994
assessment of health;	51995

(b) Procedures to determine, measure, or otherwise describe	51996
the presence or absence of various substances or organisms in the	51997
body.	51998

(2) "Clinical laboratory services" does not include the mere	51999
collection or preparation of specimens.	52000

(B) "Designated health services" means any of the following:

52001

(1) Clinical laboratory services;

52002

(2) Home health care services;

52003

(3) Outpatient prescription drugs.

52004

(C) "Fair market value" means the value in arms-length	52005
transactions, consistent with general market value and:	52006

(1) With respect to rentals or leases, the value of rental	52007
property for general commercial purposes, not taking into account	52008
its intended use;	52009

(2) With respect to a lease of space, not adjusted to reflect	52010
the additional value the prospective lessee or lessor would	52011
attribute to the proximity or convenience to the lessor if the	52012
lessor is a potential source of referrals to the lessee.	52013

(D) "Governmental health care program" means any program	52014
providing health care benefits that is administered by the federal	52015
government, this state, or a political subdivision of this state,	52016
including the medicare program established under Title XVIII of	52017
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,	52018
as amended, health care coverage for public employees, health care	52019
benefits administered by the bureau of workers' compensation, the	52020
medical assistance program established under Chapter 5111. of the	52021
Revised Code, and the disability ~~assistance~~ medical assistance	52022
program established under Chapter 5115. of the Revised Code.	52023

(E)(1) "Group practice" means a group of two or more holders	52024
of certificates under this chapter legally organized as a	52025
partnership, professional corporation or association, limited	52026
liability company, foundation, nonprofit corporation, faculty	52027
practice plan, or similar group practice entity, including an	52028
organization comprised of a nonprofit medical clinic that	52029
contracts with a professional corporation or association of	52030
physicians to provide medical services exclusively to patients of	52031
the clinic in order to comply with section 1701.03 of the Revised	52032
Code and including a corporation, limited liability company,	52033
partnership, or professional association described in division (B)	52034
of section 4731.226 of the Revised Code formed for the purpose of	52035
providing a combination of the professional services of	52036
optometrists who are licensed, certificated, or otherwise legally	52037
authorized to practice optometry under Chapter 4725. of the	52038
Revised Code, chiropractors who are licensed, certificated, or	52039
otherwise legally authorized to practice chiropractic under	52040
Chapter 4734. of the Revised Code, psychologists who are licensed,	52041
certificated, or otherwise legally authorized to practice	52042
psychology under Chapter 4732. of the Revised Code, registered or	52043
licensed practical nurses who are licensed, certificated, or	52044
otherwise legally authorized to practice nursing under Chapter	52045
4723. of the Revised Code, pharmacists who are licensed,	52046
certificated, or otherwise legally authorized to practice pharmacy	52047
under Chapter 4729. of the Revised Code, physical therapists who	52048
are licensed, certificated, or otherwise legally authorized to	52049
practice physical therapy under sections 4755.40 to 4755.53 of the	52050
Revised Code, mechanotherapists who are licensed, certificated, or	52051
otherwise legally authorized to practice mechanotherapy under	52052
section 4731.151 of the Revised Code, and doctors of medicine and	52053
surgery, osteopathic medicine and surgery, or podiatric medicine	52054
and surgery who are licensed, certificated, or otherwise legally	52055
authorized for their respective practices under this chapter, to	52056
which all of the following apply:	52057

(a) Each physician who is a member of the group practice	52058
provides substantially the full range of services that the	52059
physician routinely provides, including medical care,	52060
consultation, diagnosis, or treatment, through the joint use of	52061
shared office space, facilities, equipment, and personnel.	52062

(b) Substantially all of the services of the members of the	52063
group are provided through the group and are billed in the name of	52064
the group and amounts so received are treated as receipts of the	52065
group.	52066

(c) The overhead expenses of and the income from the practice	52067
are distributed in accordance with methods previously determined	52068
by members of the group.	52069

(d) The group practice meets any other requirements that the	52070
state medical board applies in rules adopted under section 4731.70	52071
of the Revised Code.	52072

(2) In the case of a faculty practice plan associated with a	52073
hospital with a medical residency training program in which	52074
physician members may provide a variety of specialty services and	52075
provide professional services both within and outside the group,	52076
as well as perform other tasks such as research, the criteria in	52077
division (E)(1) of this section apply only with respect to	52078
services rendered within the faculty practice plan.	52079

(F) "Home health care services" and "immediate family" have	52080
the same meanings as in the rules adopted under section 4731.70 of	52081
the Revised Code.	52082

(G) "Hospital" has the same meaning as in section 3727.01 of	52083
the Revised Code.	52084

(H) A "referral" includes both of the following:

52085

(1) A request by a holder of a certificate under this chapter	52086
for an item or service, including a request for a consultation	52087
with another physician and any test or procedure ordered by or to	52088
be performed by or under the supervision of the other physician;	52089

(2) A request for or establishment of a plan of care by a	52090
certificate holder that includes the provision of designated	52091
health services.	52092

(I) "Third-party payer" has the same meaning as in section	52093
3901.38 of the Revised Code.	52094

Sec. 4731.71. The auditor of state may implement procedures	52095
to detect violations of section 4731.66 or 4731.69 of the Revised	52096
Code within governmental health care programs administered by the	52097
state. The auditor of state shall report any violation of either	52098
section to the state medical board and shall certify to the	52099
attorney general in accordance with section 131.02 of the Revised	52100
Code the amount of any refund owed to a state-administered	52101
governmental health care program under section 4731.69 of the	52102
Revised Code as a result of a violation. If a refund is owed to	52103
the medical assistance program established under Chapter 5111. of	52104
the Revised Code or the disability ~~assistance~~ medical assistance	52105
program established under Chapter 5115. of the Revised Code, the	52106
auditor of state also shall report the amount to the department of	52107
commerce.	52108

The state medical board also may implement procedures to	52109
detect violations of section 4731.66 or 4731.69 of the Revised	52110
Code.	52111

Sec. 4734.15. (A) The license provided for in this chapter	52112
shall entitle the holder thereof to practice chiropractic in this	52113
state. All of the following apply to the practice of chiropractic	52114
in this state:	52115

(1) A chiropractor is authorized to examine, diagnose, and	52116
assume responsibility for the care of patients, any or all of	52117
which is included in the practice of chiropractic.	52118

(2) The practice of chiropractic does not permit the	52119
chiropractor to treat infectious, contagious, or venereal disease,	52120
to perform surgery or acupuncture, or to prescribe or administer	52121
drugs for treatment.	52122

(3) A chiropractor may use roentgen rays only for diagnostic	52123
purposes.	52124

(4) The practice of chiropractic does not include the	52125
performance of abortions.	52126

(B) An individual holding a valid, current license to	52127
practice chiropractic is entitled to use the title "doctor,"	52128
"doctor of chiropractic," "chiropractic physician," or	52129
"chiropractic" and is a "physician" for the purposes of Chapter	52130
4123. of the Revised Code ~~and the medicaid program operated~~	52131
~~pursuant to Chapter 5111. of the Revised Code~~.	52132

Sec. 4736.12. (A) The state board of sanitarian registration	52133
shall charge the following fees:	52134

(1) To apply as a sanitarian-in-training, ~~fifty-seven~~	52135
seventy-five dollars;	52136

(2) For sanitarians-in-training to apply for registration as	52137
sanitarians, ~~fifty-seven~~seventy-five dollars. The applicant shall	52138
pay this fee only once regardless of the number of times the	52139
applicant takes an examination required under section 4736.08 of	52140
the Revised Code.	52141

(3) For persons other than sanitarians-in-training to apply	52142
for registration as sanitarians, including persons meeting the	52143
requirements of section 4736.16 of the Revised Code, one hundred	52144
~~fourteen~~fifty dollars. The applicant shall pay this fee only once	52145
regardless of the number of times the applicant takes an	52146
examination required under section 4736.08 of the Revised Code.	52147

(4) The renewal fee for registered sanitarians shall be ~~fixed~~	52148
~~by the board and shall not exceed sixty-one~~sixty-nine dollars.	52149

(5) The renewal fee for sanitarians-in-training shall be	52150
~~fixed by the board and shall not exceed sixty-one~~sixty-nine	52151
dollars.	52152

(6) For late application for renewal, twenty-five dollars.

52153

The board of sanitarian registration, with the approval of	52154
the controlling board, may establish fees in excess of the amounts	52155
provided in this section, provided that such fees do not exceed	52156
the amounts permitted by this section by more than fifty per cent.	52157

(B) The board of sanitarian registration shall charge	52158
separate fees for examinations as required by section 4736.08 of	52159
the Revised Code, provided that the fees are not in excess of the	52160
actual cost to the board of conducting the examinations.	52161

(C) The board of sanitarian registration may adopt rules	52162
establishing fees for all of the following:	52163

(1) Application for the registration of a training agency	52164
approved under rules adopted by the board pursuant to section	52165
4736.11 of the Revised Code and for the annual registration	52166
renewal of an approved training agency.	52167

(2) Application for the review of continuing education hours	52168
submitted for the board's approval by approved training agencies	52169
or by registered sanitarians or sanitarians-in-training.	52170

Sec. 4743.05. Except as otherwise provided in sections	52171
4701.20, 4723.062, 4723.082, and 4729.65 of the Revised Code, all	52172
money collected under Chapters 3773., 4701., 4703., 4709., 4713.,	52173
4715., 4717., 4723., 4725., 4729., 4732., 4733., 4734., 4736.,	52174
4741., 4753., 4755., 4757., 4758., 4759., ~~and~~ 4761., 4771., and	52175
4779. of the Revised Code~~, and until December 31, 2004, money~~	52176
~~collected under Chapter 4779. of the Revised Code,~~ shall be paid	52177
into the state treasury to the credit of the occupational	52178
licensing and regulatory fund, which is hereby created for use in	52179
administering such chapters.	52180

At the end of each quarter, the director of budget and	52181
management shall transfer from the occupational licensing and	52182
regulatory fund to the nurse education assistance fund created in	52183
section 3333.28 of the Revised Code the amount certified to the	52184
director under division (B) of section 4723.08 of the Revised	52185
Code.	52186

At the end of each quarter, the director shall transfer from	52187
the occupational licensing and regulatory fund to the certified	52188
public accountant education assistance fund created in section	52189
4701.26 of the Revised Code the amount certified to the director	52190
under division (H)(2) of section 4701.10 of the Revised Code.	52191

Sec. 4747.05. (A) The hearing aid dealers and fitters	52192
licensing board shall issue to each applicant, within sixty days	52193
of receipt of a properly completed application and payment of two	52194
hundred ~~fifty~~sixty-two dollars, a hearing aid dealer's or	52195
fitter's license if the applicant, if an individual:	52196

(1) Is at least eighteen years of age;

52197

(2) Is a person of good moral character;

52198

(3) Is free of contagious or infectious disease;

52199

(4) Has successfully passed a qualifying examination	52200
specified and administered by the board.	52201

(B) If the applicant is a firm, partnership, association, or	52202
corporation, the application, in addition to such information as	52203
the board requires, shall be accompanied by an application for a	52204
license for each person, whether owner or employee, of the firm,	52205
partnership, association, or corporation, who engages in dealing	52206
in or fitting of hearing aids, or shall contain a statement that	52207
such applications are submitted separately. No firm, partnership,	52208
association, or corporation licensed pursuant to this chapter	52209
shall permit any unlicensed person to sell or fit hearing aids.	52210

(C) Each license issued expires on the thirtieth day of	52211
January of the year following that in which it was issued.	52212

Sec. 4747.06. (A) Each person engaged in the practice of	52213
dealing in or fitting of hearing aids who holds a valid hearing	52214
aid dealer's or fitter's license shall apply annually to the	52215
hearing aid dealers and fitters licensing board for renewal of	52216
such license under the standard renewal procedure specified in	52217
Chapter 4745. of the Revised Code. The board shall issue to each	52218
applicant, on proof of completion of the continuing education	52219
required by division (B) of this section and payment of one	52220
hundred ~~fifty~~fifty-seven dollars on or before the first day of	52221
February, one hundred ~~seventy-five~~eighty-three dollars on or	52222
before the first day of March, or two hundred ten dollars	52223
thereafter, a renewed hearing aid dealer's or fitter's license. No	52224
person who applies for renewal of a hearing aid dealer's or	52225
fitter's license that has expired shall be required to take any	52226
examination as a condition of renewal provided application for	52227
renewal is made within two years of the date such license expired.	52228

(B) Each person engaged in the practice of dealing in or	52229
fitting of hearing aids who holds a valid hearing aid dealer's or	52230
fitter's license shall complete each year not less than ten hours	52231
of continuing professional education approved by the board. On a	52232
form provided by the board, the person shall certify to the board,	52233
at the time of license renewal pursuant to division (A) of this	52234
section, that in the preceding year the person has completed	52235
continuing education in compliance with this division and shall	52236
submit any additional information required by rule of the board	52237
regarding the continuing education. The board shall adopt rules in	52238
accordance with Chapter 119. of the Revised Code establishing the	52239
standards continuing education programs must meet to obtain board	52240
approval and continuing education reporting requirements.	52241

Continuing education may be applied to meet the requirement	52242
of this division if it is provided or certified by any of the	52243
following:	52244

(1) The national institute of hearing instruments studies	52245
committee of the international hearing society;	52246

(2) The American speech-language hearing association;

52247

(3) The American academy of audiology.

52248

The board may excuse persons licensed under this chapter, as	52249
a group or as individuals, from all or any part of the	52250
requirements of this division because of an unusual circumstance,	52251
emergency, or special hardship.	52252

Sec. 4747.07. Each person who holds a hearing aid dealer's	52253
or fitter's license and engages in the practice of dealing in and	52254
fitting of hearing aids shall display such license in a	52255
conspicuous place in the person's office or place of business at	52256
all times. Each person who maintains more than one office or place	52257
of business shall post a duplicate copy of the license at each	52258
location. The hearing aid dealers and fitters licensing board	52259
shall issue duplicate copies of a license upon receipt of a	52260
properly completed application and payment of ~~fifteen~~sixteen	52261
dollars for each copy requested.	52262

Sec. 4747.10. Each person currently engaged in training to	52263
become a licensed hearing aid dealer or fitter shall apply to the	52264
hearing aid dealers and fitters licensing board for a hearing aid	52265
dealer's and fitter's trainee permit. The board shall issue to	52266
each applicant within thirty days of receipt of a properly	52267
completed application and payment of one hundred fifty dollars, a	52268
trainee permit if such applicant is:	52269

(A) At least eighteen years of age;

52270

(B) The holder of a diploma from an accredited high school,	52271
or possesses an equivalent education;	52272

52273

(D) Free of contagious or infectious disease.

52274

Each trainee permit issued by the board expires one year from	52275
the date it was first issued, and may be renewed once if the	52276
trainee has not successfully completed the qualifying requirements	52277
for licensing as a hearing aid dealer or fitter before the	52278
expiration date of such permit. The board shall issue a renewed	52279
permit to each applicant upon receipt of a properly completed	52280
application and payment of one hundred five dollars. No person	52281
holding a trainee permit shall engage in the practice of dealing	52282
in or fitting of hearing aids except while under supervision by a	52283
licensed hearing aid dealer or fitter.	52284

Sec. 4751.06. (A) An applicant for licensure as a nursing	52285
home administrator who has successfully completed the requirements	52286
of section 4751.05 of the Revised Code, passed the examination	52287
administered by the board of examiners of nursing home	52288
administrators or a government or private entity under contract	52289
with the board, and paid to the board an original license fee of	52290
two hundred ~~ten~~fifty dollars shall be issued a license on a form	52291
provided by the board. Such license shall certify that the	52292
applicant has met the licensure requirements of Chapter 4751. of	52293
the Revised Code and is entitled to practice as a licensed nursing	52294
home administrator.	52295

(B) A temporary license for a period not to exceed one	52296
hundred eighty days may be issued to an individual temporarily	52297
filling the position of a nursing home administrator vacated by	52298
reason of death, illness, or other unexpected cause, pursuant to	52299
regulations adopted by the board.	52300

(C) The fee for a temporary license is one hundred dollars.	52301
Said fee must accompany the application for the temporary license.	52302

(D) Any license or temporary license issued by the board	52303
pursuant to this section shall be under the hand of the	52304
chairperson and the secretary of the board.	52305

(E) A duplicate of the original certificate of registration	52306
or license may be secured to replace one that has been lost or	52307
destroyed by submitting to the board a notarized statement	52308
explaining the conditions of the loss, mutilation, or destruction	52309
of the certificate or license and by paying a fee of twenty-five	52310
dollars.	52311

(F) A duplicate certificate of registration and license may	52312
be issued in the event of a legal change of name by submitting to	52313
the board a certified copy of the court order or marriage license	52314
establishing the change of name, by returning at the same time the	52315
original license and certificate of registration, and by paying a	52316
fee of twenty-five dollars.	52317

Sec. 4751.07. (A) Every individual who holds a valid license	52318
as a nursing home administrator issued under division (A) of	52319
section 4751.06 of the Revised Code, shall immediately upon	52320
issuance thereof be registered with the board of examiners of	52321
nursing home administrators and be issued a certificate of	52322
registration. Such individual shall annually apply to the board	52323
for a new certificate of registration on forms provided for such	52324
purpose prior to the expiration of the certificate of registration	52325
and shall at the same time submit satisfactory evidence to the	52326
board of having attended such continuing education programs or	52327
courses of study as may be prescribed in rules adopted by the	52328
board.	52329

(B) Upon making an application for a new certificate of	52330
registration such individual shall pay the annual registration fee	52331
of two hundred ~~ten~~fifty dollars.	52332

(C) Upon receipt of such application for registration and the	52333
registration fee required by divisions (A) and (B) of this	52334
section, the board shall issue a certificate of registration to	52335
such nursing home administrator.	52336

(D) The license of a nursing home administrator who fails to	52337
comply with this section shall automatically lapse.	52338

(E) A nursing home administrator who has been licensed and	52339
registered in this state who determines to temporarily abandon the	52340
practice of nursing home administration shall notify the board in	52341
writing immediately; provided, that such individual may thereafter	52342
register to resume the practice of nursing home administration	52343
within the state upon complying with the requirements of this	52344
section regarding annual registration.	52345

(F) Only an individual who has qualified as a licensed and	52346
registered nursing home administrator under Chapter 4751. of the	52347
Revised Code and the rules adopted thereunder, and who holds a	52348
valid current registration certificate pursuant to this section,	52349
may use the title "nursing home administrator," or the	52350
abbreviation "N.H.A." after the individual's name. No other person	52351
shall use such title or such abbreviation or any other words,	52352
letters, sign, card, or device tending to indicate or to imply	52353
that the person is a licensed and registered nursing home	52354
administrator.	52355

(G) Every person holding a valid license entitling the person	52356
to practice nursing home administration in this state shall	52357
display said license in the nursing home which is the person's	52358
principal place of employment, and while engaged in the practice	52359
of nursing home administration shall have at hand the current	52360
registration certificate.	52361

(H) Every person holding a valid temporary license shall have	52362
such license at hand while engaged in the practice of nursing home	52363
administration.	52364

Sec. 4759.08. (A) The Ohio board of dietetics shall charge	52365
and collect fees as described in this section for issuing the	52366
following:	52367

(1) An application for an initial dietitian license, or an	52368
application for ~~reinstatement~~reactivation of an inactive license,	52369
one hundred ~~ten~~twenty-five dollars, and for reinstatement of a	52370
lapsed, revoked, or suspended license, one hundred ~~sixty-five~~	52371
eighty dollars;	52372

(2) License renewal, ~~eighty~~ninety-five dollars;

52373

(3) A limited permit, and renewal of the permit, ~~fifty-five~~	52374
sixty-five dollars;	52375

(4) A duplicate license or permit, twenty dollars;

52376

(5) For processing a late application for renewal of any	52377
license or permit, an additional fee equal to fifty per cent of	52378
the fee for the renewal.	52379

(B) The board shall not require a licensed dietitian holding	52380
an inactive license to pay the renewal fee.	52381

(C) Subject to the approval of the controlling board, the	52382
Ohio board of dietetics may establish fees in excess of the	52383
amounts provided in division (A) of this section, provided that	52384
the fees do not exceed the amounts by greater than fifty per cent.	52385

(D) The board may adopt rules pursuant to Chapter 119. of the	52386
Revised Code to waive all or part of the fee for an initial	52387
license if the license is issued within one hundred days of the	52388
date of expiration of the license.	52389

(E) All receipts of the board shall be deposited in the state	52390
treasury to the credit of the occupational licensing and	52391
regulatory fund. All vouchers of the board shall be approved by	52392
the chairperson or secretary of the board, or both, as authorized	52393
by the board.	52394

Sec. 4771.22. The Ohio athletic commission shall deposit all	52395
money it receives under this chapter to the credit of the ~~athlete~~	52396
~~agents registration~~occupational licensing and regulatory fund,	52397
~~which is hereby~~ created ~~in the state treasury. The commission~~	52398
~~shall use the fund to administer and enforce this chapter~~under	52399
section 4743.05 of the Revised Code.	52400

Sec. 4779.08. (A) The state board of orthotics, prosthetics,	52401
and pedorthics shall adopt rules in accordance with Chapter 119.	52402
of the Revised Code to carry out the purposes of this chapter,	52403
including rules prescribing all of the following:	52404

(1) The form and manner of filing of applications to be	52405
admitted to examinations and for licensure and license renewal;	52406

(2) Standards and procedures for formulating, evaluating,	52407
approving, and administering licensing examinations or recognizing	52408
other entities that conduct examinations;	52409

(3) The form, scoring, and scheduling of licensing	52410
examinations;	52411

(4) Fees for examinations and applications for licensure and	52412
license renewal;	52413

(5) Fees for approval of continuing education courses;

52414

(6) Procedures for issuance, renewal, suspension, and	52415
revocation of licenses and the conduct of disciplinary hearings;	52416

(7) Standards of ethical and professional conduct in the	52417
practice of orthotics, prosthetics, and pedorthics;	52418

(8) Standards for approving national certification	52419
organizations in orthotics, prosthetics, and pedorthics;	52420

(9) Fines for violations of this chapter;

52421

(10) Standards for the recognition and approval of	52422
educational programs required for licensure, including standards	52423
for approving foreign educational credentials;	52424

(11) Standards for continuing education programs required for	52425
license renewal;	52426

(12) Provisions for making available the information	52427
described in section 4779.22 of the Revised Code.	52428

(B) The board may adopt any other rules necessary for the	52429
administration of this chapter.	52430

(C) The fees prescribed by this section shall be paid to the	52431
treasurer of state, who shall ~~from the effective date of this~~	52432
~~section until December 31, 2004,~~ deposit the fees in the	52433
occupational licensing and regulatory fund established in section	52434
4743.05 of the Revised Code.	52435

Sec. 4779.17. The state board of orthotics, prosthetics, and	52436
pedorthics shall issue a license under section 4779.09 of the	52437
Revised Code to practice orthotics, prosthetics, orthotics and	52438
prosthetics, or pedorthics without examination to an applicant who	52439
meets all of the following requirements:	52440

(A) Applies to the board in accordance with section 4779.09	52441
of the Revised Code;	52442

(B) Holds a license to practice orthotics, prosthetics,	52443
orthotics and prosthetics, or pedorthics issued by the appropriate	52444
authority of another state;	52445

52446

(1) In the case of an applicant for a license to practice	52447
orthotics, the applicant meets the requirements in divisions	52448
(A)(2) and (3) of section 4779.10 of the Revised Code.	52449

(2) In the case of an applicant for a license to practice	52450
prosthetics, the applicant meets the requirements in divisions	52451
(A)(2) and (3) of section 4779.11 of the Revised Code.	52452

(3) In the case of an applicant for a license to practice	52453
orthotics and prosthetics, the applicant meets the requirements in	52454
divisions (A)(2) and (3) of section 4779.12 of the Revised Code.	52455

(4) In the case of an applicant for a license to practice	52456
pedorthics, the applicant meets the requirements in divisions (B)	52457
and (C) of section 4779.13 of the Revised Code.	52458

(D) The fees prescribed by this section shall be paid to the	52459
treasurer of state, who shall ~~from the effective date of this~~	52460
~~section until December 31, 2004,~~ deposit the fees in the	52461
occupational licensing and regulatory fund established in section	52462
4743.05 of the Revised Code.	52463

Sec. 4779.18. (A) The state board of orthotics, prosthetics,	52464
and pedorthics shall issue a temporary license to an individual	52465
who meets all of the following requirements:	52466

(1) Applies to the board in accordance with rules adopted	52467
under section 4779.08 of the Revised Code and pays the application	52468
fee specified in the rules;	52469

(2) Is eighteen years of age or older;

52470

(3) Is of good moral character;

52471

(4) One of the following applies:

52472

(a) In the case of an applicant for a license to practice	52473
orthotics, the applicant meets the requirements in divisions	52474
(A)(2) and (3) of section 4779.10 of the Revised Code.	52475

(b) In the case of an applicant for a license to practice	52476
prosthetics, the applicant meets the requirements in divisions	52477
(A)(2) and (3) of section 4779.11 of the Revised Code.	52478

(c) In the case of an applicant for a license to practice	52479
orthotics and prosthetics, the applicant meets the requirements in	52480
divisions (A)(2) and (3) of section 4779.12 of the Revised Code.	52481

(d) In the case of an applicant for a license to practice	52482
pedorthics, the applicant meets the requirements in divisions (B)	52483
and (C) of section 4779.13 of the Revised Code.	52484

(B) A temporary license issued under this section is valid	52485
for one year and may be renewed once in accordance with rules	52486
adopted by the board under section 4779.08 of the Revised Code.	52487

An individual who holds a temporary license may practice	52488
orthotics, prosthetics, orthotics and prosthetics, or pedorthics	52489
only under the supervision of an individual who holds a license	52490
issued under section 4779.09 of the Revised Code in the same area	52491
of practice.	52492

(C) The fees prescribed by this section shall be paid to the	52493
treasurer of state, who shall ~~from the effective date of this~~	52494
~~section until December 31, 2004,~~ deposit the fees in the	52495
occupational licensing and regulatory fund established in section	52496
4743.05 of the Revised Code.	52497

Sec. 4903.24. If the public utilities commission finds after	52498
investigating that any rate, joint rate, fare, charge, toll,	52499
rental, schedule, or classification of service is unjust,	52500
unreasonable, insufficient, unjustly discriminatory, unjustly	52501
preferential, or in violation of law, or that any service is	52502
inadequate or cannot be obtained, the public utility found to be	52503
at fault shall pay the expenses incurred by the commission upon	52504
such investigation.	52505

All fees, expenses, and costs of, or in connection with, any	52506
hearing or investigation may be imposed by the commission upon any	52507
party to the record or may be divided among any parties to the	52508
record in such proportion as the commission determines.	52509

All fees, expenses, and costs authorized and collected under	52510
this section shall be deposited to the credit of the special	52511
assessment fund, which is hereby created in the state treasury.	52512
Money in the fund shall be used by the commission for the purpose	52513
of covering the costs of any investigations or hearings it orders	52514
regarding any public utility.	52515

Sec. 4905.79. Any telephone company, as defined in ~~division~~	52516
~~(D)(2) of~~ section 5727.01 of the Revised Code, that is required to	52517
provide any telephone service program implemented after March 27,	52518
1991, to aid the communicatively impaired in accessing the	52519
telephone network shall be allowed a tax credit for the costs of	52520
any such program under section ~~5727.44~~5733.56 of the Revised	52521
Code. Relative to any such program, the public utilities	52522
commission, in accordance with its rules, shall allow interested	52523
parties to intervene and participate in any proceeding or part of	52524
a proceeding brought before the commission pursuant to this	52525
section. The commission shall adopt rules it considers necessary	52526
to carry out this section.	52527

Sec. 4905.91. For the purpose of protecting the public	52528
safety with respect to intrastate pipe-line transportation by any	52529
operator:	52530

(A) The public utilities commission shall:

52531

(1) Adopt, and may amend or rescind, rules to carry out	52532
sections 4905.90 to 4905.96 of the Revised Code, including rules	52533
concerning pipe-line safety, drug testing, and enforcement	52534
procedures. The commission shall adopt these rules only after	52535
notice and opportunity for public comment. The rules adopted under	52536
this division and any orders issued under sections 4905.90 to	52537
4905.96 of the Revised Code constitute the pipe-line safety code.	52538
The commission shall administer and enforce that code.	52539

(2) Make certifications and reports to the United States	52540
department of transportation as required under the Natural Gas	52541
Pipeline Safety Act.	52542

(B) The commission may:

52543

(1) Investigate any service, act, practice, policy, or	52544
omission by any operator to determine its compliance with sections	52545
4905.90 to 4905.96 of the Revised Code and the pipe-line safety	52546
code;	52547

(2) Investigate any intrastate pipe-line transportation	52548
facility to determine if it is hazardous to life or property, as	52549
provided in 82 Stat. 720 (1968), 49 U.S.C.A. App. 1679b(b)(2) and	52550
(3);	52551

(3) Investigate the existence or report of any safety-related	52552
condition that involves any intrastate pipe-line transportation	52553
facility;	52554

(4) Enter into and perform contracts or agreements with the	52555
United States department of transportation to inspect interstate	52556
transmission facilities pursuant to the Natural Gas Pipeline	52557
Safety Act;	52558

(5) Accept grants-in-aid, ~~funds~~cash, and reimbursements	52559
provided for or made available to this state by the federal	52560
government to carry out the Natural Gas Pipeline Safety Act or to	52561
enforce sections 4905.90 to 4905.96 of the Revised Code and the	52562
pipe-line safety code. All such grants-in-aid, cash, and	52563
reimbursements shall be deposited to the credit of the gas	52564
pipe-line safety fund, which is hereby created in the state	52565
treasury, to be used by the commission for the purpose of carrying	52566
out this section.	52567

(C) The commission's regulation of gathering lines shall	52568
conform to the regulation of gathering lines in 49 C.F.R. ~~parts~~	52569
192 and 199, as amended, and the commission's annual certification	52570
agreements with the United States department of transportation,	52571
except that rule 4901:1-16-03, paragraph (D) of rule 4901:1-16-05,	52572
and rule 4901:1-16-06 of the Ohio Administrative Code shall also	52573
apply to gathering lines. The procedural rules under chapter	52574
4901:1-16 of the Ohio Administrative Code shall also apply to	52575
operators of gathering lines.	52576

Sec. 4919.79. (A) The public utilities commission may adopt	52577
safety rules applicable to the highway transportation and offering	52578
for transportation of hazardous materials in interstate commerce,	52579
which highway transportation takes place into or through this	52580
state.	52581

(B) The commission may adopt safety rules applicable to the	52582
highway transportation of persons or property in interstate	52583
commerce, which transportation takes place into or through this	52584
state.	52585

(C) Rules adopted under divisions (A) and (B) of this section	52586
shall be consistent with, and equivalent in scope, coverage, and	52587
content to, the "Hazardous Materials Transportation Act," 88 Stat.	52588
2156 (1975), 49 U.S.C.A. 1801, as amended, and regulations adopted	52589
under it, and the "Motor Carrier Safety Act of 1984," 98 Stat.	52590
2832, 49 U.S.C.A. 2501, and regulations adopted under it,	52591
respectively. No person shall violate a rule adopted under	52592
division (A) or (B) of this section or any order of the commission	52593
issued to secure compliance with any such rule.	52594

(D) The commission shall cooperate with, and permit the use	52595
of, the services, records, and facilities of the commission as	52596
fully as practicable by appropriate officers of the interstate	52597
commerce commission, the United States department of	52598
transportation, and other federal agencies or commissions and	52599
appropriate commissions of other states in the enforcement and	52600
administration of state and federal laws relating to highway	52601
transportation by motor vehicles. The commission may enter into	52602
cooperative agreements with the interstate commerce commission,	52603
the United States department of transportation, and any other	52604
federal agency or commission to enforce the economic and safety	52605
laws and rules of this state and of the United States concerning	52606
highway transportation by motor vehicles. All grants-in-aid, cash,	52607
and reimbursements received by the commission pursuant to those	52608
cooperative agreements shall be deposited to the credit of the	52609
motor carrier safety fund, which is hereby created in the state	52610
treasury, to be used by the commission for the purpose of carrying	52611
out this section.	52612

(E) To achieve the purposes of this section, the commission	52613
may, through its inspectors or other authorized employees, inspect	52614
any vehicles of carriers of persons or property in interstate	52615
commerce subject to the safety rules prescribed by this section	52616
and may enter upon the premises and vehicles of such carriers to	52617
examine any of the carriers' records or documents that relate to	52618
the safety of operation of such carriers. In order to assist the	52619
commission in the performance of its duties under this section,	52620
authorized employees of the commercial motor vehicle safety	52621
enforcement unit, division of state highway patrol, of the	52622
department of public safety may enter in or upon, for purposes of	52623
inspection, any vehicle of any such carrier.	52624

In order to inspect motor vehicles owned or operated by	52625
private motor carriers of persons, authorized employees of the	52626
commercial motor vehicle safety enforcement unit, division of	52627
state highway patrol, of the department of public safety may enter	52628
in or upon the premises of any private carrier of persons in	52629
interstate commerce, subject to the safety rules prescribed by	52630
this section.	52631

Sec. 4931.45. (A) A final plan may be amended to expand the	52632
territory included in the countywide 9-1-1 system, to upgrade any	52633
part or all of a system from basic 9-1-1 to enhanced 9-1-1	52634
service, to adjust the territory served by a public safety	52635
answering point, to represcribe the funding of public safety	52636
answering points as between the alternatives set forth in division	52637
(B)(5) of section 4931.43 of the Revised Code, or to make any	52638
other necessary adjustments to the plan only by convening a new	52639
9-1-1 planning committee, and adopting an amended final plan. The	52640
convening of a new 9-1-1 planning committee and the proposal and	52641
adoption of an amended final plan shall be made in the same manner	52642
required for the convening of an initial committee and adoption of	52643
an original proposed and final plan under sections 4931.42 to	52644
4931.44 of the Revised Code. Adoption of any resolution under	52645
section 4931.51 of the Revised Code pursuant to a final plan that	52646
both has been adopted and provides for funding through charges	52647
imposed under that section is not an amendment of a final plan for	52648
the purpose of this division.	52649

(B) When a final plan is amended to expand the territory that	52650
receives 9-1-1 service or to upgrade a 9-1-1 system from basic to	52651
enhanced 9-1-1 service, ~~the provisions of~~ sections 4931.47 and	52652
~~5727.39~~5733.55 of the Revised Code apply with respect to the	52653
telephone company's recovery of the nonrecurring and recurring	52654
rates and charges for the telephone network portion of the system.	52655

Sec. 4931.47. (A) In accordance with Chapters 4901., 4903.,	52656
4905., 4909., and 4931. of the Revised Code, the public utilities	52657
commission shall determine the just, reasonable, and compensatory	52658
rates, tolls, classifications, charges, or rentals to be observed	52659
and charged for the telephone network portion of a basic and	52660
enhanced 9-1-1 system, and each telephone company participating in	52661
the system shall be subject to such chapters, to the extent they	52662
apply, as to the service provided by its portion of the telephone	52663
network system as described in the final plan or to be installed	52664
pursuant to agreements under section 4931.48 of the Revised Code,	52665
and as to the rates, tolls, classifications, charges, or rentals	52666
to be observed and charged for that service.	52667

(B) Only the customers of a participating telephone company	52668
that are served within the area covered by a 9-1-1 system shall	52669
pay the recurring rates for the maintenance and operation of the	52670
telephone network in providing 9-1-1 service. Such rates shall be	52671
computed by dividing the total monthly recurring rates set forth	52672
in a telephone company's schedule as filed in accordance with	52673
section 4905.30 of the Revised Code, by the total number of	52674
residential and business customer access lines, or their	52675
equivalent, within the area served. Each residential and business	52676
customer within the area served shall pay the recurring rates	52677
based on the number of its residential and business customer	52678
access lines or their equivalent. No company may include such	52679
amount on any customer's bill until the company has completed its	52680
portion of the telephone network in accordance with the terms,	52681
conditions, requirements, and specifications of the final plan or	52682
an agreement made under section 4931.48 of the Revised Code.	52683

(C)(1) Except as otherwise provided in division (C)(2) of	52684
this section, the total nonrecurring charges for the telephone	52685
network used in providing 9-1-1 service, as set forth in the	52686
schedule filed by a telephone company in accordance with section	52687
4905.30 of the Revised Code, on completion of the installation of	52688
the network in accordance with the terms, conditions,	52689
requirements, and specifications of the final plan or pursuant to	52690
section 4931.48 of the Revised Code shall be recovered by the	52691
company through the credit authorized by section ~~5727.39~~5733.55	52692
of the Revised Code.	52693

(2) The credit shall not be allowed for upgrading of a system	52694
from basic to enhanced 9-1-1 service when:	52695

(a) The telephone company received the credit for the	52696
telephone network portion of the basic 9-1-1 system now proposed	52697
to be upgraded; and	52698

(b) At the time the final plan or agreement pursuant to	52699
section 4931.48 of the Revised Code calling for the basic 9-1-1	52700
system was agreed to, the telephone company was capable of	52701
reasonably meeting the technical and economic requirements of	52702
providing the telephone network portion of an enhanced 9-1-1	52703
system within the territory proposed to be upgraded, as determined	52704
by the public utilities commission under division (A) or (H) of	52705
section 4931.41 or division (C) of section 4931.48 of the Revised	52706
Code.	52707

(3) When the credit is not allowed under division (C)(2) of	52708
this section, the total nonrecurring charges for the telephone	52709
network used in providing 9-1-1 service, as set forth in the	52710
schedule filed by a telephone company in accordance with section	52711
4905.30 of the Revised Code, on completion of the installation of	52712
the network in accordance with the terms, conditions,	52713
requirements, and specifications of the final plan or pursuant to	52714
section 4931.48 of the Revised Code, shall be paid by the	52715
municipal corporations and townships with any territory in the	52716
area in which such upgrade from basic to enhanced 9-1-1 service is	52717
made.	52718

(D) Where customer premises equipment for a public safety	52719
answering point is supplied by a telephone company that is	52720
required to file a schedule under section 4905.30 of the Revised	52721
Code pertaining to customer premises equipment, the recurring and	52722
nonrecurring rates and charges for the installation and	52723
maintenance of the equipment specified in the schedule shall	52724
apply.	52725

Sec. 4931.48. (A) If a final plan is disapproved under	52726
division (B) of section 4931.44 of the Revised Code, by	52727
resolution, the legislative authority of a municipal corporation	52728
or township that contains at least thirty per cent of the county's	52729
population may establish within its boundaries, or the legislative	52730
authorities of a group of municipal corporations or townships each	52731
of which is contiguous with at least one other such municipal	52732
corporation or township in the group, together containing at least	52733
thirty per cent of the county's population, may jointly establish	52734
within their boundaries a 9-1-1 system. For this purpose, the	52735
municipal corporation or township may enter into an agreement, and	52736
the contiguous municipal corporations or townships may jointly	52737
enter into an agreement with a telephone company providing service	52738
in the municipal corporations or townships to provide for the	52739
telephone network portion of the system.	52740

(B) If no resolution has been adopted to convene a 9-1-1	52741
planning committee under section 4931.42 of the Revised Code, but	52742
not sooner than eighteen months after the effective date of such	52743
section, by resolution, the legislative authority of any municipal	52744
corporation in the county may establish within its boundaries, or	52745
the legislative authorities of a group of municipal corporations	52746
and townships each of which is contiguous to at least one of the	52747
other such municipal corporations or townships in the group may	52748
jointly establish within their boundaries, a 9-1-1 system. The	52749
municipal corporation or contiguous municipal corporations and	52750
townships, may enter into an agreement with a telephone company	52751
serving ~~cutomers~~customers within the boundaries of the municipal	52752
corporation or contiguous municipal corporations and townships, to	52753
provide for the telephone network portion of a 9-1-1 system.	52754

(C) Whenever a telephone company and one or more municipal	52755
corporations and townships enter into an agreement under this	52756
section to provide for the telephone network portion of a basic	52757
9-1-1 system, the telephone company shall so notify the public	52758
utilities commission, which shall determine whether the telephone	52759
company is capable of reasonably meeting the technical and	52760
economic requirements of providing the telephone network for an	52761
enhanced system within the territory served by the company and	52762
covered by the agreement. The determination shall be made solely	52763
for the purposes of division (C)(2) of section 4931.47 of the	52764
Revised Code.	52765

(D) Within three years from the date of entering into an	52766
agreement under division (A) or (B) of this section, the telephone	52767
company shall have installed the telephone network portion of the	52768
9-1-1 system according to the terms, conditions, requirements, and	52769
specifications set forth in the agreement.	52770

(E) The telephone company shall recover the cost of	52771
installing the telephone network system pursuant to agreements	52772
made under this section as provided in ~~sections~~section 4931.47	52773
~~and 5727.39~~of the Revised Code, as authorized under section	52774
5733.55 of the Revised Code.	52775

Sec. 4973.17. (A) Upon the application of any bank, building	52776
and loan association, or association of banks or building and loan	52777
associations in this state, the ~~governor~~secretary of state may	52778
appoint and commission any persons that the bank, building and	52779
loan association, or association of banks or building and loan	52780
associations designates, or as many of those persons as the	52781
~~governor~~secretary of state considers proper, to act as police	52782
officers for and on the premises of that bank, building and loan	52783
association, or association of banks or building and loan	52784
associations, or elsewhere, when directly in the discharge of	52785
their duties. Police officers so appointed shall be citizens of	52786
this state and of good character. They shall hold office for three	52787
years, unless, for good cause shown, their commission is revoked	52788
by the ~~governor~~secretary of state, or by the bank, building and	52789
loan association, or association of banks or building and loan	52790
associations, as provided by law.	52791

(B) Upon the application of a company owning or using a	52792
railroad in this state and subject to section 4973.171 of the	52793
Revised Code, the ~~governor~~secretary of state may appoint and	52794
commission any persons that the railroad company designates, or as	52795
many of those persons as the ~~governor~~secretary of state considers	52796
proper, to act as police officers for and on the premises of the	52797
railroad company, its affiliates or subsidiaries, or elsewhere,	52798
when directly in the discharge of their duties. Police officers so	52799
appointed, within the time set by the Ohio peace officer training	52800
commission, shall successfully complete a commission approved	52801
training program and be certified by the commission. They shall	52802
hold office for three years, unless, for good cause shown, their	52803
commission is revoked by the ~~governor~~secretary of state, or	52804
railroad company, as provided by law.	52805

Any person holding a similar commission in another state may	52806
be commissioned and may hold office in this state without	52807
completing the approved training program required by this division	52808
provided that ~~that~~ the person has completed a substantially	52809
equivalent training program in the other state. The Ohio peace	52810
officer training commission shall determine whether a training	52811
program in another state meets the requirements of this division.	52812

(C) Upon the application of any company under contract with	52813
the United States atomic energy commission for the construction or	52814
operation of a plant at a site owned by ~~such~~the commission, the	52815
~~governor~~secretary of state may appoint and commission ~~such~~	52816
persons as the company designates, not to exceed one hundred	52817
fifty, to act as police officers for the company at the plant or	52818
site owned by ~~such~~the commission. Police officers so appointed	52819
shall be citizens of this state and of good character. They shall	52820
hold office for three years, unless, for good cause shown, their	52821
commission is revoked by the ~~governor~~secretary of state or by the	52822
company, as provided by law.	52823

(D)(1) Upon the application of any hospital that is operated	52824
by a public hospital agency or a nonprofit hospital agency and	52825
that employs and maintains its own proprietary police department	52826
or security department and subject to section 4973.171 of the	52827
Revised Code, the ~~governor~~secretary of state may appoint and	52828
commission any persons that the hospital designates, or as many of	52829
those persons as the ~~governor~~secretary of state considers proper,	52830
to act as police officers for the hospital. No person who is	52831
appointed as a police officer under this division shall engage in	52832
any duties or activities as a police officer for the hospital or	52833
any affiliate or subsidiary of the hospital unless all of the	52834
following apply:	52835

(a) The chief of police of the municipal corporation in which	52836
the hospital is located, or, if the hospital is located in the	52837
unincorporated area of a county, the sheriff of that county, has	52838
granted approval to the hospital to permit persons appointed as	52839
police officers under this division to engage in those duties and	52840
activities. The approval required by this division is general in	52841
nature and is intended to cover in the aggregate all persons	52842
appointed as police officers for the hospital under this division;	52843
a separate approval is not required for each appointee on an	52844
individual basis.	52845

(b) Subsequent to the grant of approval described in division	52846
(D)(1)(a) of this section, the hospital has entered into a written	52847
agreement with the chief of police of the municipal corporation in	52848
which the hospital is located, or, if the hospital is located in	52849
the unincorporated area of a county, with the sheriff of that	52850
county, that sets forth the standards and criteria to govern the	52851
interaction and cooperation between persons appointed as police	52852
officers for the hospital under this division and law enforcement	52853
officers serving the agency represented by the chief of police or	52854
sheriff who signed the agreement in areas of their concurrent	52855
jurisdiction. The written agreement shall be signed by the	52856
appointing authority of the hospital and by the chief of police or	52857
sheriff. The standards and criteria may include, but are not	52858
limited to, provisions governing the reporting of offenses	52859
discovered by hospital police officers to the agency represented	52860
by the chief of police or sheriff, provisions governing	52861
investigatory responsibilities relative to offenses committed on	52862
hospital property, and provisions governing the processing and	52863
confinement of persons arrested for offenses committed on hospital	52864
property. The agreement required by this division is intended to	52865
apply in the aggregate to all persons appointed as police officers	52866
for the hospital under this division; a separate agreement is not	52867
required for each appointee on an individual basis.	52868

(c) The person has successfully completed a training program	52869
approved by the Ohio peace officer training commission and has	52870
been certified by the commission. A person appointed as a police	52871
officer under this division may attend a training program approved	52872
by the commission and be certified by the commission regardless of	52873
whether the appropriate chief of police or sheriff has granted the	52874
approval described in division (D)(1)(a) of this section and	52875
regardless of whether the hospital has entered into the written	52876
agreement described in division (D)(1)(b) of this section with the	52877
appropriate chief of police or sheriff.	52878

(2)(a) A person who is appointed as a police officer under	52879
division (D)(1) of this section is entitled, upon the grant of	52880
approval described in division (D)(1)(a) of this section and upon	52881
~~that~~ the person's and the hospital's compliance with the	52882
requirements of divisions (D)(1)(b) and (c) of this section, to	52883
act as a police officer for the hospital on the premises of the	52884
hospital and of its affiliates and subsidiaries that are within	52885
the territory of the municipal corporation served by the chief of	52886
police or the unincorporated area of the county served by the	52887
sheriff who signed the written agreement described in division	52888
(D)(1)(b) of this section, whichever is applicable, and anywhere	52889
else within the territory of that municipal corporation or within	52890
the unincorporated area of that county. The authority to act as a	52891
police officer as described in this division is granted only if	52892
the person, when engaging in that activity, is directly in the	52893
discharge of ~~that~~ the person's duties as a police officer for the	52894
hospital. The authority to act as a police officer as described in	52895
this division shall be exercised in accordance with the standards	52896
and criteria set forth in the written agreement described in	52897
division (D)(1)(b) of this section.	52898

(b) Additionally, a person appointed as a police officer	52899
under division (D)(1) of this section is entitled, upon the grant	52900
of approval described in division (D)(1)(a) of this section and	52901
upon ~~that~~ the person's and the hospital's compliance with the	52902
requirements of divisions (D)(1)(b) and (c) of this section, to	52903
act as a police officer elsewhere, within the territory of a	52904
municipal corporation or within the unincorporated area of a	52905
county, if the chief of police of that municipal corporation or	52906
the sheriff of that county, respectively, has granted approval for	52907
that activity to the hospital, police department, or security	52908
department served by the person as a police officer and if the	52909
person, when engaging in that activity, is directly in the	52910
discharge of ~~that~~ the person's duties as a police officer for the	52911
hospital. The approval described in this division may be general	52912
in nature or may be limited in scope, duration, or applicability,	52913
as determined by the chief of police or sheriff granting the	52914
approval.	52915

(3) Police officers appointed under division (D)(1) of this	52916
section shall hold office for three years, unless, for good cause	52917
shown, their commission is revoked by the ~~governor~~secretary of	52918
state or by the hospital, as provided by law. As used in divisions	52919
(D)(1) to (3) of this section, "public hospital agency" and	52920
"nonprofit hospital agency" have the same ~~meaning~~meanings as in	52921
section 140.01 of the Revised Code.	52922

(E) A fee of ~~five~~fifteen dollars for each commission applied	52923
for under this section shall be paid at the time the application	52924
is made, and this amount shall be returned if for any reason a	52925
commission is not issued.	52926

Sec. 4981.20. (A) Any real or personal property, or both, of	52927
the Ohio rail development commission that is acquired,	52928
constructed, reconstructed, enlarged, improved, furnished, or	52929
equipped, or any combination thereof, and leased or subleased	52930
under authority of sections 4981.11 to 4981.26 of the Revised Code	52931
shall be subject to ad valorem, sales, use, and franchise taxes	52932
and to zoning, planning, and building regulations and fees, to the	52933
same extent and in the same manner as if the lessee-user or	52934
sublessee-user thereof, rather than the issuer, had acquired,	52935
constructed, reconstructed, enlarged, improved, furnished, or	52936
equipped, or any combination thereof, such real or personal	52937
property, and title thereto was in the name of such lessee-user or	52938
sublessee-user.	52939

The transfer of tangible personal property by lease or	52940
sublease under authority of sections 4981.11 to 4981.26 of the	52941
Revised Code is not a sale as used in Chapter 5739. of the Revised	52942
Code. The exemptions provided in divisions (B)(1) and ~~(14)~~(13) of	52943
section 5739.02 of the Revised Code shall not be applicable to	52944
purchases for a project under sections 4981.11 to 4981.26 of the	52945
Revised Code.	52946

The issuer shall be exempt from all taxes on its real or	52947
personal property, or both, which has been acquired, constructed,	52948
reconstructed, enlarged, improved, furnished, or equipped, or any	52949
combination thereof, under sections 4981.11 to 4981.26 of the	52950
Revised Code so long as such property is used by the issuer for	52951
purposes which would otherwise exempt such property; has ceased to	52952
be used by a former lessee-user or sublessee-user and is not	52953
occupied or used; or has been acquired by the issuer but	52954
development has not yet commenced. The exemption shall be	52955
effective as of the date the exempt use begins. All taxes on the	52956
exempt real or personal property for the year should be prorated	52957
and the taxes for the exempt portion of the year shall be remitted	52958
by the county auditor.	52959

(B) Bonds issued under sections 4981.11 to 4981.26 of the	52960
Revised Code, the transfer thereof, and the interest and other	52961
income from the bonds, including any profit made on the sale	52962
thereof, are free from taxation within the state.	52963

Sec. 5101.11. This section does not apply to contracts	52964
entered into under section ~~5111.022,~~ 5111.90, or 5111.91 of the	52965
Revised Code.	52966

(A) As used in this section:

52967

(1) "Entity" includes an agency, board, commission, or	52968
department of the state or a political subdivision of the state; a	52969
private, nonprofit entity; a school district; a private school; or	52970
a public or private institution of higher education.	52971

(2) "Federal financial participation" means the federal	52972
government's share of expenditures made by an entity in	52973
implementing a program administered by the department of job and	52974
family services.	52975

(B) At the request of any public entity having authority to	52976
implement a program administered by the department of job and	52977
family services or any private entity under contract with a public	52978
entity to implement a program administered by the department, the	52979
department may seek to obtain federal financial participation for	52980
costs incurred by the entity. Federal financial participation may	52981
be sought from programs operated pursuant to Title IV-A, Title	52982
IV-E, and Title XIX of the "Social Security Act," 49 Stat. 620	52983
(1935), 42 U.S.C. 301, as amended; the "Food Stamp Act of 1964,"	52984
78 Stat. 703, 7 U.S.C. 2011, as amended; and any other statute or	52985
regulation under which federal financial participation may be	52986
available, except that federal financial participation may be	52987
sought only for expenditures made with funds for which federal	52988
financial participation is available under federal law.	52989

(C) All funds collected by the department of job and family	52990
services pursuant to division (B) of this section shall be	52991
distributed to the entities that incurred the costs, except for	52992
any amounts retained by the department pursuant to division (D)(3)	52993
of this section.	52994

(D) In distributing federal financial participation pursuant	52995
to this section, the department may either enter into an agreement	52996
with the entity that is to receive the funds or distribute the	52997
funds in accordance with rules adopted under division (F) of this	52998
section. If the department decides to enter into an agreement to	52999
distribute the funds, the agreement may include terms that do any	53000
of the following:	53001

(1) Provide for the whole or partial reimbursement of any	53002
cost incurred by the entity in implementing the program;	53003

(2) In the event that federal financial participation is	53004
disallowed or otherwise unavailable for any expenditure, require	53005
the department of job and family services or the entity, whichever	53006
party caused the disallowance or unavailability of federal	53007
financial participation, to assume responsibility for the	53008
expenditures;	53009

(3) Permit the department to retain not more than five per	53010
cent of the amount of the federal financial participation to be	53011
distributed to the entity;	53012

(4) Require the public entity to certify the availability of	53013
sufficient unencumbered funds to match the federal financial	53014
participation it receives under this section;	53015

(5) Establish the length of the agreement, which may be for a	53016
fixed or a continuing period of time;	53017

(6) Establish any other requirements determined by the	53018
department to be necessary for the efficient administration of the	53019
agreement.	53020

(E) An entity that receives federal financial participation	53021
pursuant to this section for a program aiding children and their	53022
families shall establish a process for collaborative planning with	53023
the department of job and family services for the use of the funds	53024
to improve and expand the program.	53025

(F) The director of job and family services shall adopt rules	53026
as necessary to implement this section, including rules for the	53027
distribution of federal financial participation pursuant to this	53028
section. The rules shall be adopted in accordance with Chapter	53029
119. of the Revised Code. The director may adopt or amend any	53030
statewide plan required by the federal government for a program	53031
administered by the department, as necessary to implement this	53032
section.	53033

(G) Federal financial participation received pursuant to this	53034
section shall not be included in any calculation made under	53035
section 5101.16 or 5101.161 of the Revised Code.	53036

Sec. 5101.12. The department of job and family services shall	53037
maximize its receipt of federal revenue. In fulfilling this duty,	53038
the department may enter into contracts to maximize federal	53039
revenue without the expenditure of state money. In selecting	53040
private entities with which to contract, the department shall	53041
engage in a request for proposals process. The department, subject	53042
to the approval of the controlling board, may also directly enter	53043
into contracts with public entities providing revenue maximization	53044
services.	53045

Each year in January and July, the department shall submit a	53046
report to the office of budget and management outlining the	53047
department's success in maximizing federal revenue. The office of	53048
budget and management shall establish procedures and requirements	53049
for preparing and submitting the reports and shall compile data	53050
concerning the amount of federal revenue received by the	53051
department. The department shall submit a copy of each of its	53052
reports to the speaker and minority leader of the house of	53053
representatives, the president and minority leader of the senate,	53054
and the legislative service commission.	53055

Sec. 5101.14. (A) As used in this section and section	53056
5101.144 of the Revised Code, "children services" means services	53057
provided to children pursuant to Chapter 5153. of the Revised	53058
Code.	53059

(B) Within available funds, the department of job and family	53060
services shall ~~make payments~~distribute funds to the counties	53061
within thirty days after the beginning of each calendar quarter	53062
for a part of ~~their~~the counties' costs for children services to	53063
~~children performed pursuant to Chapter 5153. of the Revised Code~~.	53064

Funds provided to the county under this section shall be	53065
deposited into the children services fund created pursuant to	53066
section 5101.144 of the Revised Code.	53067

~~(B)(1) The funds distributed under this section shall be used~~	53068
~~for the following:~~	53069

~~(a) Home-based services to children and families;~~

53070

~~(b) Protective services to children;~~

53071

~~(c) To find, develop, and approve adoptive homes;~~

53072

~~(d) Short-term, out-of-home care and treatment for children;~~

53073

~~(e) Costs for the care of a child who resides with a~~	53074
~~caretaker relative, other than the child's parent, and is in the~~	53075
~~legal custody of a public children services agency pursuant to a~~	53076
~~voluntary temporary custody agreement entered into under division~~	53077
~~(A) of section 5103.15 of the Revised Code or in the legal custody~~	53078
~~of a public children services agency or the caretaker relative~~	53079
~~pursuant to an allegation or adjudication of abuse, neglect, or~~	53080
~~dependency made under Chapter 2151. of the Revised Code;~~	53081

~~(f) Other services a public children services agency~~	53082
~~considers necessary to protect children from abuse, neglect, or~~	53083
~~dependency.~~	53084

~~(2) No funds distributed under this section shall be used for~~	53085
~~the costs of maintaining a child in a children's home owned and~~	53086
~~operated by the county.~~	53087

(C) In each fiscal year, the amount of funds available for	53088
distribution under this section shall be allocated to counties as	53089
follows:	53090

(1) If the amount is less than the amount initially	53091
appropriated for the immediately preceding fiscal year, each	53092
county shall receive an amount equal to the percentage of the	53093
funding it received in the immediately preceding fiscal year,	53094
exclusive of any releases from or additions to the allocation or	53095
any sanctions imposed under this section;	53096

(2) If the amount is equal to the amount initially	53097
appropriated for the immediately preceding fiscal year, each	53098
county shall receive an amount equal to the amount it received in	53099
the preceding fiscal year, exclusive of any releases from or	53100
additions to the allocation or any sanctions imposed under this	53101
section;	53102

(3) If the amount is greater than the amount initially	53103
appropriated for the immediately preceding fiscal year, each	53104
county shall receive the amount determined under division (C)(2)	53105
of this section as a base allocation, plus a percentage of the	53106
amount that exceeds the amount initially appropriated for the	53107
immediately preceding fiscal year. The amount exceeding the amount	53108
initially appropriated in the immediately preceding fiscal year	53109
shall be allocated to the counties as follows:	53110

(a) Twelve per cent divided equally among all counties;

53111

(b) Forty-eight per cent in the ratio that the number of	53112
residents of the county under the age of eighteen bears to the	53113
total number of such persons residing in this state;	53114

(c) Forty per cent in the ratio that the number of residents	53115
of the county with incomes under the federal poverty guideline	53116
bears to the total number of such persons in this state.	53117

As used in division (C)(3)(c) of this section, "federal	53118
poverty guideline" means the poverty guideline as defined by the	53119
United States office of management and budget and revised by the	53120
United States secretary of health and human services in accordance	53121
with section 673 of the "Community Services Block Grant Act," 95	53122
Stat. 511 (1981), 42 U.S.C.A. 9902, as amended.	53123

(D) ~~The director of job and family services may adopt rules~~	53124
~~as necessary for the allocation of funds under this section. The~~	53125
~~rules shall be adopted in accordance with section 111.15 of the~~	53126
~~Revised Code.~~	53127

~~(E)(1) As used in this division, "services to children" means~~	53128
~~children's protective services, home-based services to children~~	53129
~~and families, foster home services, residential treatment~~	53130
~~services, adoptive services, and independent living services.~~	53131

~~(2) Except as otherwise provided in this section, the~~	53132
~~allocation of funds for a fiscal year to a county under this~~	53133
~~section shall be reduced by the department if in the preceding~~	53134
~~calendar year the total amount expended for services to children~~	53135
~~from local funds was less than the total expended from that source~~	53136
~~in the second preceding calendar year. The reduction shall be~~	53137
~~equal to the difference between the total expended in the~~	53138
~~preceding calendar year and the total expended in the second~~	53139
~~preceding calendar year.~~	53140

~~The determination of whether the amount expended for services~~	53141
~~to children was less in the preceding calendar year than in the~~	53142
~~second preceding calendar year shall not include a difference due~~	53143
~~to any of the following factors to the extent that the difference~~	53144
~~does not exceed the amount attributable to that factor:~~	53145

~~(a) An across-the-board reduction in the county budget as a~~	53146
~~whole;~~	53147

~~(b) A reduced or failed levy specifically earmarked for~~	53148
~~children services;~~	53149

~~(c) The closure of, or a reduction in the operating capacity~~	53150
~~of, a children's home owned and operated by the county.~~	53151

~~(3) Funds withheld under this division may be reallocated by~~	53152
~~the department to other counties. The department may grant whole~~	53153
~~or partial waivers of the provisions of this division.~~	53154

~~(F) Children who are in the temporary or permanent custody of~~	53155
~~a certified public or private nonprofit agency or institution, or~~	53156
~~who are in adoptions subsidized under division (B) of section~~	53157
~~5153.163 of the Revised Code are eligible for medical assistance~~	53158
~~through the medical assistance program established under section~~	53159
~~5111.01 of the Revised Code.~~	53160

~~(G)~~ Within ninety days after the end of each state fiscal	53161
~~year~~biennium, each county shall return any unspent funds to the	53162
department.	53163

~~(H) In accordance with Chapter 119. of the Revised Code, the~~	53164
(E) The director ~~shall~~of job and family services may adopt~~, and~~	53165
~~may amend and rescind,~~the following rules in accordance with	53166
section 111.15 of the Revised Code:	53167

(1) Rules that are necessary for the allocation of funds	53168
under this section;	53169

(2) Rules prescribing reports on expenditures to be submitted	53170
by the counties as necessary for the implementation of this	53171
section.	53172

Sec. 5101.141. (A) As used in sections 5101.141 to 5101.1410	53173
of the Revised Code, "Title IV-E" means Title IV-E of the "Social	53174
Security Act," 94 Stat. 501, 42 U.S.C. 670 (1980), as amended.	53175

(B) The department of job and family services shall act as	53176
the single state agency to administer federal payments for foster	53177
care and adoption assistance made pursuant to Title IV-E ~~of the~~	53178
~~"Social Security Act," 94 Stat. 501, 42 U.S.C.A. 670 (1980), as~~	53179
~~amended~~. The director of job and family services shall adopt rules	53180
to implement this authority. ~~Internal management rules~~Rules	53181
governing financial and administrative requirements applicable to	53182
public children services agencies~~, private child placing agencies,~~	53183
and ~~private noncustodial agencies~~government entities that provide	53184
Title IV-E reimbursable placement services to children shall be	53185
adopted in accordance with section 111.15 of the Revised Code, as	53186
if they were internal management rules. Rules governing	53187
requirements applicable to private child placing agencies and	53188
private noncustodial agencies and rules establishing eligibility,	53189
program participation, and other requirements concerning Title	53190
IV-E shall be adopted in accordance with Chapter 119. of the	53191
Revised Code. A public children services agency to which the	53192
department distributes Title IV-E funds shall administer the funds	53193
in accordance with those rules.	53194

~~(B)~~(C)(1) The county, on behalf of each child eligible for	53195
foster care maintenance payments under Title IV-E ~~of the "Social~~	53196
~~Security Act~~," shall make payments to cover the cost of providing	53197
all of the following:	53198

(a) The child's food, clothing, shelter, daily supervision,	53199
and school supplies;	53200

(b) The child's personal incidentals;

53201

53202

(2) In addition to payments made under division ~~(B)~~(C)(1) of	53203
this section, the county may, on behalf of each child eligible for	53204
foster care maintenance payments under Title IV-E ~~of the "Social~~	53205
~~Security Act~~," make payments to cover the cost of providing the	53206
following:	53207

(a) Liability insurance with respect to the child;

53208

(b) If the county is participating in the demonstration	53209
project established under division (A) of section 5101.142 of the	53210
Revised Code, services provided under the project.	53211

(3) With respect to a child who is in a child-care	53212
institution, including any type of group home designed for the	53213
care of children or any privately operated program consisting of	53214
two or more certified foster homes operated by a common	53215
administrative unit, the foster care maintenance payments made by	53216
the county on behalf of the child shall include the reasonable	53217
cost of the administration and operation of the institution, group	53218
home, or program, as necessary to provide the items described in	53219
divisions ~~(B)~~(C)(1) and (2) of this section.	53220

~~(C)~~(D) To the extent that either foster care maintenance	53221
payments under division ~~(B)~~(C) of this section or Title IV-E	53222
adoption assistance payments for maintenance costs require the	53223
expenditure of county funds, the board of county commissioners	53224
shall report the nature and amount of each expenditure of county	53225
funds to the department.	53226

~~(D)~~(E) The department shall distribute to public children	53227
services agencies that incur and report such expenditures federal	53228
financial participation received for administrative and training	53229
costs incurred in the operation of foster care maintenance and	53230
adoption assistance programs. The department may withhold not more	53231
than three per cent of the federal financial participation	53232
received. The funds withheld may be used only to fund the Ohio	53233
child welfare training program established under section 5153.60	53234
of the Revised Code and the university partnership program for	53235
college and university students majoring in social work who have	53236
committed to work for a public children services agency upon	53237
graduation. The funds withheld shall be in addition to any	53238
administration and training cost for which the department is	53239
reimbursed through its own cost allocation plan.	53240

~~(E)~~(F) All federal financial participation funds received by	53241
a county pursuant to this section shall be deposited into the	53242
county's children services fund created pursuant to section	53243
5101.144 of the Revised Code.	53244

~~(F)~~(G) The department shall periodically publish and	53245
distribute the maximum amounts that the department will reimburse	53246
public children services agencies for making payments on behalf of	53247
children eligible for foster care maintenance payments.	53248

~~(G)~~(H) The department, by and through its director, is hereby	53249
authorized to develop, participate in the development of,	53250
negotiate, and enter into one or more interstate compacts on	53251
behalf of this state with agencies of any other states, for the	53252
provision of medical assistance and other social services to	53253
children in relation to whom all of the following apply:	53254

(1) They have special needs.

53255

(2) This state or another state that is a party to the	53256
interstate compact is providing adoption assistance on their	53257
behalf.	53258

(3) They move into this state from another state or move out	53259
of this state to another state.	53260

Sec. 5101.142. (A) The department of job and family services	53261
may apply to the United States secretary of health and human	53262
services for a waiver of requirements established under Title IV-E	53263
~~of the "Social Security Act," 94 Stat. 501, 42 U.S.C.A. 670~~	53264
~~(1980)~~, or regulations adopted thereunder, to conduct a	53265
demonstration project expanding eligibility for and services	53266
provided under Title IV-E. The department may enter into	53267
agreements with the secretary necessary to implement the	53268
demonstration project, including agreements establishing the terms	53269
and conditions of the waiver authorizing the project. If a	53270
demonstration project is to be established, the department shall	53271
do all of the following:	53272

(1) Have the director of job and family services adopt rules	53273
in accordance with Chapter 119. of the Revised Code governing the	53274
project. The rules shall be consistent with the agreements the	53275
department enters into with the secretary.	53276

(2) Enter into agreements with public children services	53277
agencies that the department selects for participation in the	53278
project. The department shall not select an agency that objects to	53279
participation or refuses to be bound by the terms and conditions	53280
of the project.	53281

(3) Contract with persons or governmental agencies providing	53282
services under the project;	53283

(4) Amend the state plan required by section 471 of the	53284
"Social Security Act," 42 U.S.C.A. 671, as amended, as needed to	53285
implement the project;	53286

(5) Conduct ongoing evaluations of the project;

53287

(6) Perform other administrative and operational activities	53288
required by the agreement with the secretary.	53289

(B) The department may apply to the United States secretary	53290
of health and human services for a waiver of the requirements	53291
established under Title IV-B of the "Social Security Act of 1967,"	53292
81 Stat. 821, 42 U.S.C.A. 620 or regulations adopted thereunder	53293
and established under any other federal law or regulations that	53294
affect the children services functions prescribed by Chapter 5153.	53295
of the Revised Code, to conduct demonstration projects or	53296
otherwise improve the effectiveness and efficiency of the children	53297
services function.	53298

Sec. 5101.144. ~~As used in this section, "children services"~~	53299
~~means services provided to children pursuant to Chapter 5153. of~~	53300
~~the Revised Code.~~	53301

Each county shall deposit all funds its public children	53302
services agency receives from appropriations made by the board of	53303
county commissioners or any other source for the purpose of	53304
providing children services into a special fund in the county	53305
treasury known as the children services fund. A county shall use	53306
money in the fund only for the purposes of meeting the expenses of	53307
providing children services.	53308

Sec. 5101.145. (A) ~~For the purposes of this section, "Title~~	53309
~~IV-E" means Title IV-E of the "Social Security Act," 94 Stat. 501,~~	53310
~~42 U.S.C.A. 670 (1980).~~	53311

~~(B)~~ In adopting rules under section 5101.141 of the Revised	53312
Code regarding financial requirements applicable to public	53313
children services agencies, private child placing agencies, ~~and~~	53314
private noncustodial agencies, and government entities that	53315
provide Title IV-E reimbursable placement services to children,	53316
the department of job and family services shall establish both of	53317
the following:	53318

(1) A single form for the agencies or entities to report	53319
costs reimbursable under Title IV-E and costs reimbursable under	53320
medicaid;	53321

(2) Procedures to monitor cost reports submitted by the	53322
agencies or entities.	53323

~~(C)~~(B) The procedures established under division ~~(B)~~(A)(2) of	53324
this section shall be implemented not later than October 1, 2003.	53325
The procedures shall be used to do both of the following:	53326

(1) Determine which of the costs are reimbursable under Title	53327
IV-E;	53328

(2) Ensure that costs reimbursable under medicaid are	53329
excluded from determinations made under division ~~(C)~~(B)(1) of this	53330
section.	53331

Sec. 5101.146. The department of job and family services	53332
shall establish the following penalties, which shall be enforced	53333
at the discretion of the department, for the failure of a public	53334
children services agency, private child placing agency, or private	53335
noncustodial agency, or government entity that provides Title IV-E	53336
reimbursable placement services to children to comply with	53337
procedures the department establishes to ensure fiscal	53338
accountability:	53339

(A) For initial failure, the department and the agency or	53340
entity involved shall jointly develop and implement a corrective	53341
action plan according to a specific schedule. If requested by the	53342
agency or entity involved, the department shall provide technical	53343
assistance to the agency or entity to ensure the fiscal	53344
accountability procedures and goals of the plan are met.	53345

(B) For subsequent failures or failure to achieve the goals	53346
of the plan described in division (A) of this section, ~~either~~one	53347
of the following:	53348

(1) For public children services agencies, the department may	53349
take any action permitted under division ~~(B)(3)~~(C)(2), (4), or	53350
(5), or (6) of section 5101.24 of the Revised Code.	53351

(2) For private child placing agencies or private	53352
noncustodial agencies, cancellation of any Title IV-E allowability	53353
rates for the agency involved pursuant to section 5101.141 of the	53354
Revised Code or revocation pursuant to Chapter 119. of the Revised	53355
Code of that agency's certificate issued under section 5103.03 of	53356
the Revised Code;	53357

(3) For government entities, other than public children	53358
services agencies, that provide Title IV-E reimbursable placement	53359
services to children, cancellation of any Title IV-E allowability	53360
rates for the entity involved pursuant to section 5101.141 of the	53361
Revised Code.	53362

Sec. 5101.1410. In addition to the remedies available under	53363
sections 5101.146 and 5101.24 of the Revised Code, the department	53364
of job and family services may certify a claim to the attorney	53365
general under section 131.02 of the Revised Code for the attorney	53366
general to take action under that section against a public	53367
children services agency, private child placing agency, private	53368
noncustodial agency, or government entity that provides Title IV-E	53369
reimbursable placement services to children if all of the	53370
following are the case:	53371

(A) The agency or entity files a cost report with the	53372
department pursuant to rules adopted under division (B) of section	53373
5101.141 of the Revised Code.	53374

(B) The department receives and distributes federal Title	53375
IV-E reimbursement funds based on the cost report.	53376

(C) The agency's or entity's misstatement, misclassification,	53377
overstatement, understatement, or other inclusion or omission of	53378
any cost included in the cost report causes the United States	53379
department of health and human services to disallow all or part of	53380
the federal Title IV-E reimbursement funds the department received	53381
and distributed.	53382

(D) The agency's or entity's misstatement, misclassification,	53383
overstatement, understatement, or other inclusion or omission of	53384
any cost included in the cost report is not the direct result of a	53385
written directive concerning the agency or entity's cost report	53386
that the department issued to the agency or entity.	53387

Sec. 5101.16. (A) As used in this section and sections	53388
5101.161 and 5101.162 of the Revised Code:	53389

(1) "Disability financial assistance" means the financial ~~and~~	53390
~~medical~~ assistance ~~provided~~program established under Chapter	53391
5115. of the Revised Code.	53392

(2) "Disability medical assistance" means the medical	53393
assistance program established under Chapter 5115. of the Revised	53394
Code.	53395

(3) "Food stamps" means the program administered by the	53396
department of job and family services pursuant to section 5101.54	53397
of the Revised Code.	53398

~~(3)~~(4) "Medicaid" means the medical assistance program	53399
established by Chapter 5111. of the Revised Code, excluding	53400
transportation services provided under that chapter.	53401

~~(4)~~(5) "Ohio works first" means the program established by	53402
Chapter 5107. of the Revised Code.	53403

~~(5)~~(6) "Prevention, retention, and contingency" means the	53404
program established by Chapter 5108. of the Revised Code.	53405

~~(6)~~(7) "Public assistance expenditures" means expenditures	53406
for all of the following:	53407

(a) Ohio works first;

53408

(b) County administration of Ohio works first;

53409

53410

(d) County administration of prevention, retention, and	53411
contingency;	53412

(e) Disability financial assistance;

53413

(f) Disability medical assistance;

53414

(g) County administration of disability financial assistance;

53415

~~(g)~~(h) County administration of disability medical	53416
assistance;	53417

(i) County administration of food stamps;

53418

~~(h)~~(j) County administration of medicaid.

53419

(8) "Title IV-A program" has the same meaning as in section	53420
5101.80 of the Revised Code.	53421

(B) Each board of county commissioners shall pay the county	53422
share of public assistance expenditures in accordance with section	53423
5101.161 of the Revised Code. Except as provided in division (C)	53424
of this section, a county's share of public assistance	53425
expenditures is the sum of all of the following for state fiscal	53426
year 1998 and each state fiscal year thereafter:	53427

(1) The amount that is twenty-five per cent of the county's	53428
total expenditures for disability financial assistance and	53429
disability medical assistance and county administration of	53430
~~disability assistance~~those programs during the state fiscal year	53431
ending in the previous calendar year that the department of job	53432
and family services determines are allowable.	53433

(2) The amount that is ten per cent, or other percentage	53434
determined under division (D) of this section, of the county's	53435
total expenditures for county administration of food stamps and	53436
medicaid during the state fiscal year ending in the previous	53437
calendar year that the department determines are allowable, less	53438
the amount of federal reimbursement credited to the county under	53439
division (E) of this section for the state fiscal year ending in	53440
the previous calendar year;	53441

(3)~~(a) Except as provided in division (B)(3)(b) of this~~	53442
~~section,~~A percentage of the actual amount~~, as determined by the~~	53443
~~department of job and family services from expenditure reports~~	53444
~~submitted to the United States department of health and human~~	53445
~~services,~~ of the county share of program and administrative	53446
expenditures during federal fiscal year 1994 for assistance and	53447
services, other than child day-care, provided under Titles IV-A	53448
and IV-F of the "Social Security Act," 49 Stat. 620 (1935), 42	53449
U.S.C. 301, as those titles existed prior to the enactment of the	53450
"Personal Responsibility and Work Opportunity Reconciliation Act	53451
of 1996," 110 Stat. 2105. The department of job and family	53452
services shall determine the actual amount of the county share	53453
from expenditure reports submitted to the United States department	53454
of health and human services. The percentage shall be the	53455
percentage established in rules adopted under division (F) of this	53456
section.	53457

~~(b) For state fiscal years 2000 and 2001, seventy-seven per~~	53458
~~cent of the amount determined under division (B)(3)(a) of this~~	53459
~~section.~~	53460

(C)(1) If a county's share of public assistance expenditures	53461
determined under division (B) of this section for a state fiscal	53462
year exceeds one hundred ten per cent of the county's share for	53463
those expenditures for the immediately preceding state fiscal	53464
year, the department of job and family services shall reduce the	53465
county's share for expenditures under divisions (B)(1) and (2) of	53466
this section so that the total of the county's share for	53467
expenditures under division (B) of this section equals one hundred	53468
ten per cent of the county's share of those expenditures for the	53469
immediately preceding state fiscal year.	53470

(2) A county's share of public assistance expenditures	53471
determined under division (B) of this section may be increased	53472
pursuant to a sanction under section 5101.24 of the Revised Code.	53473

(D)(1) If the per capita tax duplicate of a county is less	53474
than the per capita tax duplicate of the state as a whole and	53475
division (D)(2) of this section does not apply to the county, the	53476
percentage to be used for the purpose of division (B)(2) of this	53477
section is the product of ten multiplied by a fraction of which	53478
the numerator is the per capita tax duplicate of the county and	53479
the denominator is the per capita tax duplicate of the state as a	53480
whole. The department of job and family services shall compute the	53481
per capita tax duplicate for the state and for each county by	53482
dividing the tax duplicate for the most recent available year by	53483
the current estimate of population prepared by the department of	53484
development.	53485

(2) If the percentage of families in a county with an annual	53486
income of less than three thousand dollars is greater than the	53487
percentage of such families in the state and division (D)(1) of	53488
this section does not apply to the county, the percentage to be	53489
used for the purpose of division (B)(2) of this section is the	53490
product of ten multiplied by a fraction of which the numerator is	53491
the percentage of families in the state with an annual income of	53492
less than three thousand dollars a year and the denominator is the	53493
percentage of such families in the county. The department of job	53494
and family services shall compute the percentage of families with	53495
an annual income of less than three thousand dollars for the state	53496
and for each county by multiplying the most recent estimate of	53497
such families published by the department of development, by a	53498
fraction, the numerator of which is the estimate of average annual	53499
personal income published by the bureau of economic analysis of	53500
the United States department of commerce for the year on which the	53501
census estimate is based and the denominator of which is the most	53502
recent such estimate published by the bureau.	53503

(3) If the per capita tax duplicate of a county is less than	53504
the per capita tax duplicate of the state as a whole and the	53505
percentage of families in the county with an annual income of less	53506
than three thousand dollars is greater than the percentage of such	53507
families in the state, the percentage to be used for the purpose	53508
of division (B)(2) of this section shall be determined as follows:	53509

(a) Multiply ten by the fraction determined under division	53510
(D)(1) of this section;	53511

(b) Multiply the product determined under division (D)(3)(a)	53512
of this section by the fraction determined under division (D)(2)	53513
of this section.	53514

(4) The department of job and family services shall	53515
determine, for each county, the percentage to be used for the	53516
purpose of division (B)(2) of this section not later than the	53517
first day of July of the year preceding the state fiscal year for	53518
which the percentage is used.	53519

(E) The department of job and family services shall credit to	53520
a county the amount of federal reimbursement the department	53521
receives from the United States departments of agriculture and	53522
health and human services for the county's expenditures for	53523
administration of food stamps and medicaid that the department	53524
determines are allowable administrative expenditures.	53525

(F)(1) The director of job and family services shall adopt	53526
rules in accordance with section 111.15 of the Revised Code to	53527
establish all of the following:	53528

~~(1)~~(a) The method the department is to use to change a	53529
county's share of public assistance expenditures determined under	53530
division (B) of this section as provided in division (C) of this	53531
section;	53532

~~(2)~~(b) The allocation methodology and formula the department	53533
will use to determine the amount of funds to credit to a county	53534
under this section;	53535

~~(3)~~(c) The method the department will use to change the	53536
payment of the county share of public assistance expenditures from	53537
a calendar-year basis to a state fiscal year basis;	53538

~~(4)~~(d) The percentage to be used for the purpose of division	53539
(B)(3) of this section, which shall meet both of the following	53540
requirements:	53541

(i) The percentage shall not be less than seventy-five per	53542
cent nor more than eighty-two per cent;	53543

(ii) The percentage shall not exceed the percentage that the	53544
state's qualified state expenditures is of the state's historic	53545
state expenditures as those terms are defined in 42 U.S.C.	53546
609(a)(7).	53547

(e) Other procedures and requirements necessary to implement	53548
this section.	53549

(2) The director of job and family services may amend the	53550
rule adopted under division (F)(1)(d) of this section to modify	53551
the percentage on determination that the amount the general	53552
assembly appropriates for Title IV-A programs makes the	53553
modification necessary. The rule shall be adopted and amended as	53554
if an internal management rule and in consultation with the	53555
director of budget and management.	53556

Sec. 5101.162. ~~The~~Subject to available federal funds and	53557
appropriations made by the general assembly, the department of job	53558
and family services may, at its sole discretion, use available	53559
federal funds to reimburse county expenditures for county	53560
administration of food stamps or medicaid even though the county	53561
expenditures meet or exceed the maximum allowable reimbursement	53562
amount established by rules adopted under section 5101.161 of the	53563
Revised Code if the board of county commissioners has ~~not~~ entered	53564
into a ~~partnership~~fiscal agreement with the director of job and	53565
family services under section 5101.21 of the Revised Code. The	53566
director may adopt internal management rules in accordance with	53567
section 111.15 of the Revised Code to implement this section.	53568

Sec. 5101.18. (A) When the director of job and family	53569
services adopts rules under section 5107.05 regarding income	53570
requirements for the Ohio works first program and under section	53571
~~5115.05~~5115.03 of the Revised Code regarding income and resource	53572
requirements for the disability financial assistance program, the	53573
director shall determine what payments shall be regarded or	53574
disregarded. In making this determination, the director shall	53575
consider:	53576

(1) The source of the payment;

53577

(2) The amount of the payment;

53578

(3) The purpose for which the payment was made;

53579

(4) Whether regarding the payment as income would be in the	53580
public interest;	53581

(5) Whether treating the payment as income would be	53582
detrimental to any of the programs administered in whole or in	53583
part by the department of job and family services and whether such	53584
determination would jeopardize the receipt of any federal grant or	53585
payment by the state or any receipt of aid under Chapter 5107. of	53586
the Revised Code.	53587

(B) Any recipient of aid under Title XVI of the "Social	53588
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended,	53589
whose money payment is discontinued as the result of a general	53590
increase in old-age, survivors, and disability insurance benefits	53591
under such act, shall remain a recipient for the purpose of	53592
receiving medical assistance through the medical assistance	53593
program established under section 5111.01 of the Revised Code.	53594

Sec. 5101.181. (A) As used in this section and section	53595
5101.182 of the Revised Code, "public assistance" includes, in	53596
addition to Ohio works first~~; prevention~~, all of the following:	53597

(1) Prevention retention, and contingency; ~~medicaid~~

53598

(2) Medicaid; ~~and disability~~

53599

(3) Disability financial assistance~~, general~~;

53600

(4) Disability medical assistance;

53601

(5) General assistance provided prior to July 17, 1995, under	53602
former Chapter 5113. of the Revised Code.	53603

(B) As part of the procedure for the determination of	53604
overpayment to a recipient of public assistance under Chapter	53605
5107., 5108., 5111., or 5115. of the Revised Code, the director of	53606
job and family services shall furnish quarterly the name and	53607
social security number of each individual who receives public	53608
assistance to the director of administrative services, the	53609
administrator of the bureau of workers' compensation, and each of	53610
the state's retirement boards. Within fourteen days after	53611
receiving the name and social security number of an individual who	53612
receives public assistance, the director of administrative	53613
services, administrator, or board shall inform the auditor of	53614
state as to whether such individual is receiving wages or	53615
benefits, the amount of any wages or benefits being received, the	53616
social security number, and the address of the individual. The	53617
director of administrative services, administrator, boards, and	53618
any agent or employee of those officials and boards shall comply	53619
with the rules of the director of job and family services	53620
restricting the disclosure of information regarding recipients of	53621
public assistance. Any person who violates this provision shall	53622
thereafter be disqualified from acting as an agent or employee or	53623
in any other capacity under appointment or employment of any state	53624
board, commission, or agency.	53625

(C) The auditor of state may enter into a reciprocal	53626
agreement with the director of job and family services or	53627
comparable officer of any other state for the exchange of names,	53628
current or most recent addresses, or social security numbers of	53629
persons receiving public assistance under Title IV-A or under	53630
Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42	53631
U.S.C. 301, as amended.	53632

(D)(1) The auditor of state shall retain, for not less than	53633
two years, at least one copy of all information received under	53634
this section and sections 145.27, 742.41, 3307.20, 3309.22,	53635
4123.27, 5101.182, and 5505.04 of the Revised Code. The auditor	53636
shall review the information to determine whether overpayments	53637
were made to recipients of public assistance under Chapters 5107.,	53638
5108., 5111., and 5115. of the Revised Code. The auditor of state	53639
shall initiate action leading to prosecution, where warranted, of	53640
recipients who received overpayments by forwarding the name of	53641
each recipient who received overpayment, together with other	53642
pertinent information, to the director of job and family services	53643
and the attorney general, to the district director of job and	53644
family services of the district through which public assistance	53645
was received, and to the county director of job and family	53646
services and county prosecutor of the county through which public	53647
assistance was received.	53648

(2) The auditor of state and the attorney general or their	53649
designees may examine any records, whether in computer or printed	53650
format, in the possession of the director of job and family	53651
services or any county director of job and family services. They	53652
shall provide safeguards which restrict access to such records to	53653
purposes directly connected with an audit or investigation,	53654
prosecution, or criminal or civil proceeding conducted in	53655
connection with the administration of the programs and shall	53656
comply with the rules of the director of job and family services	53657
restricting the disclosure of information regarding recipients of	53658
public assistance. Any person who violates this provision shall	53659
thereafter be disqualified from acting as an agent or employee or	53660
in any other capacity under appointment or employment of any state	53661
board, commission, or agency.	53662

(3) Costs incurred by the auditor of state in carrying out	53663
the auditor of state's duties under this division shall be borne	53664
by the auditor of state.	53665

Sec. 5101.20. (A) As used in this section of the Revised	53666
Code:	53667

(1) "Local area" has the same meaning as in section 101 of	53668
the "Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C.	53669
2801, as amended, and division (A) of section 6301.01 of the	53670
Revised Code;	53671

(2) "Chief elected official" has the same meaning as in	53672
section 101 of the "Workforce Investment Act of 1998," 112 Stat.	53673
936, 29 U.S.C. 2801, as amended, and division (F) of section	53674
6301.01 of the Revised Code;	53675

(3) "Grantee" means the chief elected officials of a local	53676
area.	53677

(B) The director of job and family services shall enter into	53678
one or more written grant agreements with each local area under	53679
which financial assistance is awarded for workforce development	53680
activities included in the agreements. A grant agreement shall	53681
establish the terms and conditions governing the accountability	53682
for and use of grants provided by the department of job and family	53683
services to the grantee for the administration of workforce	53684
development activities funded under the "Workforce Investment Act	53685
of 1998," 112 Stat. 936, 29 U.S.C. 2801, as amended.	53686

(C) In the case of a local area comprised of multiple	53687
political subdivisions, nothing in this section shall preclude the	53688
chief elected officials of a local area from entering into an	53689
agreement among themselves to distribute any liability for	53690
activities of the local area, but such an agreement shall not be	53691
binding on the department of job and family services.	53692

(D) The written grant agreement entered into under division	53693
(B) of this section shall comply with all applicable federal and	53694
state laws governing workforce development activities. All federal	53695
conditions and restrictions that apply to the use of grants	53696
received by the department of job and family services shall apply	53697
to the use of the grants received by the local areas from the	53698
department.	53699

(E) A written grant agreement entered into under division (B)	53700
of this section shall:	53701

(1) Identify the chief elected officials for the local area;

53702

(2) Provide for the incorporation of the local workforce	53703
development plan;	53704

(3) Include the chief elected officials' assurance that the	53705
local area and any subgrantee or contractor of the local area will	53706
do all of the following:	53707

(a) Ensure that the financial assistance awarded under the	53708
grant agreement is used, and the workforce development duties	53709
included in the agreement are performed, in accordance with	53710
requirements established by the department or any of the	53711
following: federal or state law, the state plan for receipt of	53712
federal financial participation, grant agreements between the	53713
department and a federal agency, or executive orders.	53714

(b) Ensure that the chief elected officials and any	53715
subgrantee or contractor of the local area utilize a financial	53716
management system and other accountability mechanisms that meet	53717
requirements the department establishes;	53718

(c) Require the chief elected officials and any subgrantee or	53719
contractor of the local area to do both of the following:	53720

(i) Monitor all private and government entities that receive	53721
a payment from financial assistance awarded under the grant	53722
agreement to ensure that each entity uses the payment in	53723
accordance with requirements for the workforce development duties	53724
included in the agreement;	53725

(ii) Take action to recover payments that are not used in	53726
accordance with the requirements for the workforce development	53727
duties that are included in the agreement.	53728

(d) Require the chief elected officials of a local area to	53729
promptly reimburse the department the amount that represents the	53730
amount a local area is responsible for of funds the department	53731
pays to any entity because of an adverse audit finding, adverse	53732
quality control finding, final disallowance of federal financial	53733
participation, or other sanction or penalty;	53734

(e) Require chief elected officials of a local area to take	53735
prompt corrective action if the department, auditor of state,	53736
federal agency, or other entity authorized by federal or state law	53737
to determine compliance with requirements for a workforce	53738
development duty included in the agreement determines compliance	53739
has not been achieved;	53740

(4) Provide that the award of financial assistance is subject	53741
to the availability of federal funds and appropriations made by	53742
the general assembly;	53743

(5) Provide for annual financial, administrative, or other	53744
incentive awards, if any, to be provided in accordance with	53745
section 5101.23 of the Revised Code.	53746

(6) Establish the method of amending or terminating the grant	53747
agreement and an expedited process for correcting terms or	53748
conditions of the agreement that the director and the chief	53749
elected officials agree are erroneous.	53750

(7) Provide for the department of job and family services to	53751
award financial assistance for the workforce development duties	53752
included in the agreement in accordance with a methodology for	53753
determining the amount of the award established by rules adopted	53754
under division (F) of this section.	53755

(8) Determine the dates that the grant agreement begins and	53756
ends.	53757

(F)(1) The director shall adopt rules in accordance with	53758
section 111.15 of the Revised Code governing grant agreements. The	53759
director shall adopt the rules as if they were internal management	53760
rules. The rules shall establish methodologies to be used to	53761
determine the amount of financial assistance to be awarded under	53762
the agreements and may do any of the following:	53763

(a) Govern the establishment of consolidated funding	53764
allocations and other allocations;	53765

(b) Specify allowable uses of financial assistance awarded	53766
under the agreements;	53767

(c) Establish reporting, cash management, audit, and other	53768
requirements the director determines are necessary to provide	53769
accountability for the use of financial assistance awarded under	53770
the agreements and determine compliance with requirements	53771
established by the department or any of the following: a federal	53772
or state law, state plan for receipt of federal financial	53773
participation, grant agreement between the department and a	53774
federal entity, or executive order.	53775

(2) A requirement of a grant agreement established by a rule	53776
adopted under this division is applicable to a grant agreement	53777
without having to be restated in the grant agreement.	53778

Sec. 5101.201. The director of job and family services may	53779
enter into agreements with one-stop operators and one-stop	53780
partners for the purpose of implementing the requirements of	53781
section 121 of the "Workforce Investment Act of 1998," 112 Stat.	53782
936, 29 U.S.C. 2801.	53783

Sec. 5101.21. (A) As used in ~~sections 5101.21 to 5101.24 of~~	53784
~~the Revised Code, "workforce development agency" and "workforce~~	53785
~~development activity" have the same meanings as in section 6301.01~~	53786
~~of the Revised Code~~this section, "county signer" means all of the	53787
following:	53788

(1) A board of county commissioners;

53789

(2) A county children services board appointed under section	53790
5153.03 of the Revised Code if required by division (B) of this	53791
section to enter into a fiscal agreement;	53792

(3) A county elected official that is a child support	53793
enforcement agency if required by division (B) of this section to	53794
enter into a fiscal agreement.	53795

(B) The director of job and family services ~~shall~~may enter	53796
into aone or more written ~~partnership agreement~~fiscal agreements	53797
with ~~each board~~boards of county commissioners.	53798

~~(C)(1) Each partnership agreement shall include provisions~~	53799
~~regarding the administration and design of all of the following:~~	53800

~~(a) The Ohio works first program established under Chapter~~	53801
~~5107. of the Revised Code;~~	53802

~~(b) The prevention, retention, and contingency program~~	53803
~~established under Chapter 5108. of the Revised Code;~~	53804

~~(c) Duties assumed by a county department of job and family~~	53805
~~services pursuant to an agreement entered into under section~~	53806
~~329.05 of the Revised Code;~~	53807

~~(d) Any other county department of job and family services'~~	53808
~~duties that the director and board mutually agree to include in~~	53809
~~the agreement;~~	53810

~~(e) If, for the purpose of Chapter 6301. of the Revised Code,~~	53811
~~the county the board serves is a local area defined in division~~	53812
~~(A)(2) or (3) of section 6301.01 of the Revised Code, workforce~~	53813
~~development activities provided by the workforce development~~	53814
~~agency established or designated for the local area.~~	53815

~~(2) Each partnership agreement may include provisions~~	53816
~~regarding the administration and design of the duties of child~~	53817
~~support enforcement agencies and public children services agencies~~	53818
~~included in a plan of cooperation entered into under section~~	53819
~~307.983 of the Revised Code that the director and board mutually~~	53820
~~agree to include in the agreement.~~	53821

~~(D) Family services duties and workforce development~~	53822
~~activities included in a partnership agreement shall be vested in~~	53823
~~the board of county commissioners. The agreement shall comply with~~	53824
~~federal statutes and regulations, state statutes, and, except as~~	53825
~~provided in division (D)(9) of this section, state rules governing~~	53826
~~the family services duties or workforce development activities~~	53827
~~included in the agreement.~~	53828

~~A partnership~~under which financial assistance is awarded for	53829
family services duties included in the agreements. Boards of	53830
county commissioners shall select which family services duties to	53831
include in a fiscal agreement. If a board of county commissioners	53832
elects to include family services duties of a public children	53833
services agency and a county children services board appointed	53834
under section 5153.03 of the Revised Code serves as the county's	53835
public children services agency, the board of county commissioners	53836
and county children services board shall jointly enter into the	53837
fiscal agreement with the director. If a board of county	53838
commissioners elects to include family services duties of a child	53839
support enforcement agency and the entity designated under former	53840
section 2301.35 of the Revised Code prior to October 1, 1997, or	53841
designated under section 307.981 of the Revised Code as the	53842
county's child support enforcement agency is an elected official	53843
of the county, the board of county commissioners and county	53844
elected official shall jointly enter into the fiscal agreement	53845
with the director. A fiscal agreement shall ~~include~~	53846
~~responsibilities that the state department of job and family~~	53847
~~services, county family services agencies administering family~~	53848
~~services duties included in the agreement, and workforce~~	53849
~~development agencies administering workforce development~~	53850
~~activities included in the agreement must satisfy. The agreement~~	53851
~~shall establish, specify, or provide for~~do all of the following:	53852

(1) ~~Requirements governing the administration and design of,~~	53853
~~and county family services agencies' or workforce development~~	53854
~~agencies' cooperation to enhance, family services duties or~~	53855
~~workforce development activities included in the agreement~~Specify	53856
the family services duties included in the agreement and the	53857
private and government entities designated under section 307.981	53858
of the Revised Code to serve as the county family services	53859
agencies performing the family services duties;	53860

(2) ~~Outcomes that county family services agencies or~~	53861
~~workforce development agencies are expected to achieve from the~~	53862
~~administration and design of family services duties or workforce~~	53863
~~development activities included in the agreement and assistance,~~	53864
~~services, and technical support the state department will provide~~	53865
~~the county family services agencies or workforce development~~	53866
~~agencies to aid the agencies in achieving the expected outcomes~~	53867
Provide for the department of job and family services to award	53868
financial assistance for the family services duties included in	53869
the agreement in accordance with a methodology for determining the	53870
amount of the award established by rules adopted under division	53871
(D) of this section;	53872

(3) ~~Performance and other administrative standards county~~	53873
~~family services agencies or workforce development agencies are~~	53874
~~required to meet in the design, administration, and outcomes of~~	53875
~~family services duties or workforce development activities~~	53876
~~included in the agreement and assistance, services, and technical~~	53877
~~support the state department will provide the county family~~	53878
~~services agencies or workforce development agencies to aid the~~	53879
~~agencies in meeting the performance and other administrative~~	53880
~~standards~~Specify the form of the award of financial assistance	53881
which may be an allocation, cash draw, reimbursement, property,	53882
or, to the extent authorized by an appropriation made by the	53883
general assembly and to the extent practicable and not in conflict	53884
with a federal or state law, a consolidated funding allocation for	53885
two or more family services duties included in the agreement;	53886

(4) ~~Criteria and methodology the state department will use to~~	53887
~~evaluate whether expected outcomes are achieved and performance~~	53888
~~and other administrative standards are met and county family~~	53889
~~services agencies or workforce development agencies will use to~~	53890
~~evaluate whether the state department is providing agreed upon~~	53891
~~assistance, services, and technical support~~Provide that the award	53892
of financial assistance is subject to the availability of federal	53893
funds and appropriations made by the general assembly;	53894

(5) ~~Annual~~Specify annual financial, administrative, or other	53895
incentive awards, if any, to be provided in accordance with	53896
section 5101.23 of the Revised Code;	53897

(6) ~~The state~~Include the assurance of each county signer	53898
that the county signer will do all of the following:	53899

(a) Ensure that the financial assistance awarded under the	53900
agreement is used, and the family services duties included in the	53901
agreement are performed, in accordance with requirements for the	53902
duties established by the department, a federal or state law, or	53903
any of the following that concern the family services duties	53904
included in the fiscal agreement and are published under section	53905
5101.212 of the Revised Code: state plans for receipt of federal	53906
financial participation, grant agreements between the department	53907
and a federal agency, and executive orders issued by the governor;	53908

(b) Ensure that the board and county family services agencies	53909
utilize a financial management system and other accountability	53910
mechanisms for the financial assistance awarded under the	53911
agreement that meet requirements the department establishes;	53912

(c) Require the county family services agencies to do both of	53913
the following:	53914

(i) Monitor all private and government entities that receive	53915
a payment from financial assistance awarded under the agreement to	53916
ensure that each entity uses the payment in accordance with	53917
requirements for the family services duties included in the	53918
agreement;	53919

(ii) Take action to recover payments that are not used in	53920
accordance with the requirements for the family services duties	53921
included in the agreement.	53922

(d) Require county family services agencies to promptly	53923
reimburse the department the amount that represents the amount an	53924
agency is responsible for, pursuant to action the department takes	53925
under division (C) of section 5101.24 of the Revised Code, of	53926
funds the department pays to any entity because of an adverse	53927
audit finding, adverse quality control finding, final disallowance	53928
of federal financial participation, or other sanction or penalty;	53929

(e) Require county family services agencies to take prompt	53930
corrective action, including paying amounts resulting from an	53931
adverse finding, sanction, or penalty, if the department, auditor	53932
of state, federal agency, or other entity authorized by federal or	53933
state law to determine compliance with requirements for a family	53934
services duty included in the agreement determines compliance has	53935
not been achieved;	53936

(f) If the department establishes a consolidated funding	53937
allocation for two or more family services duties included in the	53938
agreement, require the county family services agencies to use	53939
funds available in the consolidated funding allocation only for	53940
the purpose for which the funds are appropriated.	53941

(7) Provide for the department taking action pursuant to	53942
division (C) of section 5101.24 of the Revised Code if authorized	53943
by division (B)(1), (2), or (3), or (4) of that section ~~applies~~;	53944

~~(7) The funding of family services duties or workforce~~	53945
~~development activities included in the agreement and whether the~~	53946
~~state department will establish a consolidated funding allocation~~	53947
~~under division (E) of this section. The agreement shall either~~	53948
~~specify the amount of payments to be made for the family services~~	53949
~~duties or workforce development activities included in the~~	53950
~~agreement or the method that will be used to determine the amount~~	53951
~~of payments.~~	53952

(8) ~~Audits~~Provide for timely audits required by federal	53953
~~statutes and regulations~~ and state law and ~~requirements for~~	53954
require prompt release of audit findings and prompt action to	53955
correct problems identified in an audit;	53956

(9) ~~Which, if any, of the state department's rules will be~~	53957
~~waived so that a policy provided for in the agreement may be~~	53958
~~implemented~~Comply with all of the requirements for the family	53959
services duties that are included in the agreement and have been	53960
established by the department, federal or state law, or any of the	53961
following that concern the family services duties included in the	53962
fiscal agreement and are published under section 5101.212 of the	53963
Revised Code: state plans for receipt of federal financial	53964
participation, grant agreements between the department and a	53965
federal agency, and executive orders issued by the governor;	53966

(10) ~~The~~Provide for dispute resolution procedures in	53967
accordance with section 5101.24 of the Revised Code;	53968

(11) Establish the method of amending or terminating the	53969
agreement and an expedited process for correcting terms or	53970
conditions of the agreement that the director and ~~board of~~each	53971
county ~~commissioners~~signer agree are erroneous;	53972

~~(11) Dispute resolution procedures for anticipated and~~	53973
~~unanticipated disputes. The agreement may establish different~~	53974
~~dispute resolution procedures for different types of disputes.~~	53975
~~Dispute resolution procedures may include negotiation, mediation,~~	53976
~~arbitration, adjudication conducted by a hearing officer or~~	53977
~~fact-finding panel, and other procedures.~~	53978

(12) ~~The date the agreement is to commence or~~ Except as	53979
provided in rules adopted under division (D) of this section,	53980
begin on the first day of July of an odd-numbered year and end on	53981
the last day of June of the next odd-numbered year. ~~An agreement~~	53982
~~may not commence before it is entered into nor end later than the~~	53983
~~last day of the state fiscal biennium for which it is entered~~	53984
~~into.~~	53985

~~(13) If workforce development activities are included in the~~	53986
~~agreement, all of the following:~~	53987

~~(a) The workforce development plan prepared under section~~	53988
~~6301.07 of the Revised Code to be attached to and incorporated~~	53989
~~into the agreement;~~	53990

~~(b) A description of the services, and a list of the core~~	53991
~~services, provided in the one-stop system for workforce~~	53992
~~development activities the county served by the board participates~~	53993
~~in under section 6301.06 of the Revised Code to be included in the~~	53994
~~agreement;~~	53995

~~(c) If the county served by the board of county commissioners~~	53996
~~is in the type of local area defined in division (A)(3) of section~~	53997
~~6301.01 of the Revised Code, the method and manner by which the~~	53998
~~board of county commissioners of each county and the chief elected~~	53999
~~official of a municipal corporation in the local area shall~~	54000
~~coordinate workforce development activities and resolve~~	54001
~~disagreements concerning either of the following:~~	54002

~~(i) Choices concerning specifically who to appoint to the~~	54003
~~workforce policy board created under section 6301.06 of the~~	54004
~~Revised Code, within the criteria for membership set forth in that~~	54005
~~section;~~	54006

~~(ii) Whether a member of the workforce policy board is~~	54007
~~performing satisfactorily for purposes of serving at the pleasure~~	54008
~~of the chief elected officials of the local area.~~	54009

~~(14) Other provisions determined necessary by the state~~	54010
~~department, board, county family services agency, and workforce~~	54011
~~development agency.~~	54012

~~(E)~~(C) The ~~state~~ department shall make payments authorized by	54013
a ~~partnership~~fiscal agreement on vouchers it prepares and may	54014
include any funds appropriated or allocated to it for carrying out	54015
family services duties ~~or workforce development activities vested~~	54016
~~in the board of county commissioners under~~included in the	54017
agreement, including funds for personal services and maintenance.	54018

~~(F)(1) To the extent practicable and not in conflict with~~	54019
~~federal statutes or regulations, state law, or an appropriation~~	54020
~~made by the general assembly, the director may establish a~~	54021
~~consolidated funding allocation for any of the following:~~	54022

~~(a) Two or more family services duties included in the~~	54023
~~agreement;~~	54024

~~(b) Two or more workforce development activities included in~~	54025
~~the agreement;~~	54026

~~(c) One or more family services duties and workforce~~	54027
~~development activities included in the agreement.~~	54028

~~(2) The consolidated funding allocation may be for either of~~	54029
~~the following:~~	54030

~~(a) A county that is the type of local area defined in~~	54031
~~division (A)(2) of section 6301.01 of the Revised Code;~~	54032

~~(b) Two or more counties, or a municipal corporation and one~~	54033
~~or more counties, in the type of local area defined in division~~	54034
~~(A)(3) of section 6301.01 of the Revised Code that are~~	54035
~~coordinating and integrating workforce development activities in~~	54036
~~the local area.~~	54037

~~(3) A county family services agency or workforce development~~	54038
~~agency shall use funds available in a consolidated funding~~	54039
~~allocation only for the purpose for which the funds were~~	54040
~~appropriated.~~	54041

(D)(1) The director shall adopt rules in accordance with	54042
section 111.15 of the Revised Code governing fiscal agreements.	54043
The director shall adopt the rules as if they were internal	54044
management rules. Before adopting the rules, the director shall	54045
give the public an opportunity to review and comment on the	54046
proposed rules. The rules shall establish methodologies to be used	54047
to determine the amount of financial assistance to be awarded	54048
under the agreements. The rules also shall establish terms and	54049
conditions under which an agreement may be entered into after the	54050
first day of July of an odd-numbered year. The rules may do any or	54051
all of the following:	54052

(a) Govern the establishment of consolidated funding	54053
allocations and specify the time period for which a consolidated	54054
funding allocation is to be provided if the effective date of the	54055
agreement is after the first day of July of an odd-numbered year,	54056
which may include a time period before the effective date of the	54057
agreement;	54058

(b) Govern the establishment of other allocations;

54059

(c) Specify allowable uses of financial assistance awarded	54060
under the agreements;	54061

(d) Establish reporting, cash management, audit, and other	54062
requirements the director determines are necessary to provide	54063
accountability for the use of financial assistance awarded under	54064
the agreements and determine compliance with requirements	54065
established by the department, a federal or state law, or any of	54066
the following that concern the family services duties included in	54067
the agreements and are published under section 5101.212 of the	54068
Revised Code: state plans for receipt of federal financial	54069
participation, grant agreements between the department and a	54070
federal entity, and executive orders issued by the governor.	54071

(2) A requirement of a fiscal agreement established by a rule	54072
adopted under this division is applicable to a fiscal agreement	54073
without having to be restated in the fiscal agreement.	54074

Sec. 5101.211. (A) Except as provided in division (B) of	54075
this section, the director of job and family services may provide	54076
for a fiscal agreement entered into under section 5101.21 of the	54077
Revised Code to have a retroactive effective date of the first day	54078
of July of an odd-numbered year if both of the following are the	54079
case:	54080

(1) The agreement is entered into after that date and before	54081
the last day of that July.	54082

(2) The board of county commissioners requests the	54083
retroactive effective date and provides the director good cause	54084
satisfactory to the director for the reason the agreement was not	54085
entered into on or before the first day of that July.	54086

(B) The director may provide for a fiscal agreement to have a	54087
retroactive effective date of July 1, 2003, if both of the	54088
following are the case:	54089

(1) The agreement is entered into after July 1, 2003, and	54090
before August 29, 2003.	54091

(2) The board of county commissioners requests the	54092
retroactive effective date.	54093

Sec. 5101.212. The department of job and family services	54094
shall publish in a manner accessible to the public all of the	54095
following that concern family services duties included in fiscal	54096
agreements entered into under section 5101.21 of the Revised Code:	54097
state plans for receipt of federal financial participation, grant	54098
agreements between the department and a federal agency, and	54099
executive orders issued by the governor. The department may	54100
publish the materials electronically or otherwise.	54101

Sec. 5101.213. (A) Except as provided in section 5101.211 of	54102
the Revised Code, if a fiscal agreement under section 5101.21 of	54103
the Revised Code between the director of job and family services	54104
and a board of county commissioners is not in effect, all of the	54105
following apply:	54106

(1) The department of job and family services shall award to	54107
the county the board serves financial assistance for family	54108
services duties in accordance with a methodology for determining	54109
the amount of the award established by rules adopted under	54110
division (B) of this section.	54111

(2) The financial assistance may be provided in the form of	54112
allocations, cash draws, reimbursements, and property but may not	54113
be made in the form of a consolidated funding allocation.	54114

(3) The award of the financial assistance is subject to the	54115
availability of federal funds and appropriations made by the	54116
general assembly.	54117

(4) The county family services agencies performing the family	54118
services duties for which the financial assistance is awarded	54119
shall do all of the following:	54120

(a) Use the financial assistance, and perform the family	54121
services duties, in accordance with requirements for the duties	54122
established by the department, a federal or state law, or any of	54123
the following that concern the duties: state plans for receipt of	54124
federal financial participation, grant agreements between the	54125
department and a federal agency, and executive orders issued by	54126
the governor;	54127

(b) Utilize a financial management system and other	54128
accountability mechanisms for the financial assistance that meet	54129
requirements the department establishes;	54130

(c) Monitor all private and government entities that receive	54131
a payment from the financial assistance to ensure that each entity	54132
uses the payment in accordance with requirements for the family	54133
services duties and take action to recover payments that are not	54134
used in accordance with the requirements for the family services	54135
duties;	54136

(d) Promptly reimburse the department the amount that	54137
represents the amount an agency is responsible for, pursuant to	54138
action the department takes under division (C) of section 5101.24	54139
of the Revised Code, of funds the department pays to any entity	54140
because of an adverse audit finding, adverse quality control	54141
finding, final disallowance of federal financial participation, or	54142
other sanction or penalty;	54143

(e) Take prompt corrective action, including paying amounts	54144
resulting from an adverse finding, sanction, or penalty, if the	54145
department, auditor of state, federal agency, or other entity	54146
authorized by federal or state law to determine compliance with	54147
requirements for a family services duty determines compliance has	54148
not been achieved.	54149

(B) The director shall adopt rules in accordance with section	54150
111.15 of the Revised Code as necessary to implement this section.	54151
The director shall adopt the rules as if they were internal	54152
management rules. Before adopting the rules, the director shall	54153
give the public an opportunity to review and comment on the	54154
proposed rules. The rules shall establish methodologies to be used	54155
to determine the amount of financial assistance to be awarded and	54156
may do any or all of the following:	54157

(1) Govern the establishment of funding allocations;

54158

(2) Specify allowable uses of financial assistance the	54159
department awards under this section;	54160

(3) Establish reporting, cash management, audit, and other	54161
requirements the director determines are necessary to provide	54162
accountability for the use of the financial assistance and	54163
determine compliance with requirements established by the	54164
department, a federal or state law, or any of the following that	54165
concern the family services duties for which the financial	54166
assistance is awarded: state plans for receipt of federal	54167
financial participation, grant agreements between the department	54168
and a federal entity, and executive orders issued by the governor.	54169

~~Sec. 5101.211.~~ Sec. 5101.214. The director of job and family	54170
services may enter into a written agreement with one or more state	54171
agencies, as defined in section 117.01 of the Revised Code, and	54172
state universities and colleges to assist in the coordination,	54173
provision, or enhancement of the family services duties of a	54174
county family services agency or the workforce development	54175
activities of a workforce development agency. The director also	54176
may enter into written agreements or contracts with, or issue	54177
grants to, private and government entities under which funds are	54178
provided for the enhancement or innovation of family services	54179
duties or workforce development activities on the state or local	54180
level. ~~The terms of an agreement, contract, or grant under this~~	54181
~~section may be incorporated into a partnership agreement the~~	54182
~~director enters into with a board of county commissioners under~~	54183
~~section 5101.21 or with the chief elected official of a municipal~~	54184
~~corporation under section 5101.213 of the Revised Code, if the~~	54185
~~director and board or chief elected official and state agency,~~	54186
~~state university or college, or private or government entity~~	54187
~~agree.~~	54188

The director may adopt internal management rules in	54189
accordance with section 111.15 of the Revised Code to implement	54190
this section.	54191

~~Sec. 5101.212.~~ Sec. 5101.215. If the director of job and family	54192
services enters into an agreement or contracts with, or issues a	54193
grant to, a religious organization under section ~~5101.211~~5101.214	54194
of the Revised Code, the religious organization shall comply with	54195
section 104 of the Personal Responsibility and Work Opportunity	54196
and Reconciliation Act of 1996 (P.L. 104-193).	54197

Sec. 5101.216. The director of job and family services may	54198
enter into one or more written operational agreements with boards	54199
of county commissioners to do one or more of the following	54200
regarding family services duties:	54201

(A) Provide for the director to amend or rescind a rule the	54202
director previously adopted;	54203

(B) Provide for the director to modify procedures or	54204
establish alternative procedures to accommodate special	54205
circumstances in a county;	54206

(C) Provide for the director and board to jointly identify	54207
operational problems of mutual concern and develop a joint plan to	54208
address the problems;	54209

(D) Establish a framework for the director and board to	54210
modify the use of existing resources in a manner that is	54211
beneficial to the department of job and family services and the	54212
county that the board serves and improves family services duties	54213
for the recipients of the services.	54214

Sec. 5101.22. The department of job and family services may	54215
establish performance and other administrative standards for the	54216
administration and outcomes of family services duties ~~and~~	54217
~~workforce development activities~~ and determine at intervals the	54218
department decides the degree to which a county family services	54219
agency ~~or workforce development agency~~ complies with a performance	54220
or other administrative standard. The department may use	54221
statistical sampling, performance audits, case reviews, or other	54222
methods it determines necessary and appropriate to determine	54223
compliance with performance and administrative standards.	54224

~~A performance or other administrative standard established~~	54225
~~under this section for a family service duty or workforce~~	54226
~~development activity does not apply to a county family services~~	54227
~~agency or workforce development agency administering the duty if a~~	54228
~~different performance or administrative standard is specified for~~	54229
~~the agency's administration of the duty or activity pursuant to a~~	54230
~~partnership agreement entered into under section 5101.21 or~~	54231
~~5101.213 of the Revised Code.~~	54232

Sec. 5101.221. (A) Except as provided by division (C) of	54233
this section, if the department of job and family services	54234
determines that a county family services agency has failed to	54235
comply with a performance or other administrative standard	54236
established under section 5101.22 of the Revised Code or by	54237
federal law for the administration or outcome of a family services	54238
duty, the department shall require the agency to develop, submit	54239
to the department for approval, and comply with a corrective	54240
action plan.	54241

(B) If a county family services agency fails to develop,	54242
submit to the department, or comply with a corrective action plan	54243
under division (A) of this section, or the department disapproves	54244
the agency's corrective action plan, the department may require	54245
the agency to develop, submit to the department for approval, and	54246
comply with a corrective action plan that requires the agency to	54247
commit existing resources to the plan.	54248

(C) The department may not require a county family services	54249
agency to take action under this section for failure to comply	54250
with a performance or other administrative standard established	54251
for an incentive awarded by the department. Instead, the	54252
department may require a county family services agency that fails	54253
to comply with that kind of performance or other administrative	54254
standard to take action in accordance with rules adopted by the	54255
department governing the standard.	54256

(D) At the request of a county family services agency, the	54257
department shall assist the agency with the development of a	54258
corrective action plan under this section and provide the agency	54259
technical assistance in the implementation of the plan.	54260

Sec. 5101.222. The director of job and family services may	54261
adopt rules in accordance with section 111.15 of the Revised Code	54262
to implement sections 5101.22 to 5101.222 of the Revised Code. If	54263
the director adopts the rules, the director shall adopt the rules	54264
as if they were internal management rules.	54265

Sec. 5101.24. (A) As used in this section, "responsible	54266
entity" means ~~the following:~~	54267

~~(1) If the family services duty or workforce development~~	54268
~~activity involved is included in a partnership agreement~~ a board	54269
of county commissioners ~~and the director of job and family~~	54270
~~services enters into under section 5101.21 of the Revised Code,~~	54271
~~the board regardless of the fact that~~or a county family services	54272
agency ~~performs the family services duty or a workforce~~	54273
~~development agency performs the workforce development activity.~~	54274

~~(2) If the family services duty or workforce development~~	54275
~~activity involved is not included in a partnership agreement, the~~	54276
~~county family services agency or workforce development agency~~,	54277
whichever the director of job and family services determines is	54278
appropriate to take action against under division (C) of this	54279
section.	54280

(B) ~~The~~Regardless of whether a family services duty is	54281
performed by a county family services agency, private or	54282
government entity pursuant to a contract entered into under	54283
section 307.982 of the Revised Code or division (C)(2) of section	54284
5153.16 of the Revised Code, or private or government provider of	54285
a family service duty, the department of job and family services	54286
may take action under division (C) of this section against the	54287
responsible entity if the department determines any of the	54288
following ~~apply to the county family services agency performing~~	54289
~~the family services duty or workforce development agency providing~~	54290
~~the workforce development activity~~are the case:	54291

(1) ~~The agency fails to meet a performance standard specified~~	54292
~~in a partnership agreement entered into under section 5101.21 or~~	54293
~~established~~A requirement of a fiscal agreement entered into under	54294
section 5101.21 of the Revised Code that includes the family	54295
services duty, including a requirement for fiscal agreements	54296
established by rules adopted under that section, is not complied	54297
with;	54298

(2) A county family services agency fails to develop, submit	54299
to the department, or comply with a corrective action plan under	54300
division (B) of section 5101.221 of the Revised Code, or the	54301
department disapproves the agency's corrective action plan	54302
developed under division (B) of section ~~5101.22~~5101.221 of the	54303
Revised Code ~~for the duty or activity~~;	54304

~~(2) The agency fails to comply with a~~(3) A requirement for	54305
the family services duty established by the department or any of	54306
the following is not complied with: a federal ~~statute~~ or	54307
~~regulations,~~ state ~~statute, or a department rule for the duty or~~	54308
~~activity~~law, state plan for receipt of federal financial	54309
participation, grant agreement between the department and a	54310
federal agency, or executive order issued by the governor;	54311

~~(3)~~(4) The ~~agency~~responsible entity is solely or partially	54312
responsible, as determined by the director of job and family	54313
services, for an adverse audit orfinding, adverse quality control	54314
finding, final disallowance of federal financial participation, or	54315
other sanction or penalty regarding the family services duty or	54316
~~activity~~.	54317

(C) The department may take one or more of the following	54318
actions against the responsible entity ifwhen authorized by	54319
division (B)(1), (2), or (3), or (4) of this section ~~applies~~:	54320

(1) Require the responsible entity to ~~submit to and~~ comply	54321
with a corrective action plan pursuant to a time schedule	54322
specified by the department;. The corrective action plan shall be	54323
established or approved by the department and shall not require a	54324
county family services agency to commit resources to the plan.	54325

(2) Require the responsible entity to comply with a	54326
corrective action plan pursuant to a time schedule specified by	54327
the department. The corrective action plan shall be established or	54328
approved by the department and require a county family services	54329
agency to commit to the plan existing resources identified by the	54330
agency.	54331

(3) Require the responsible entity to do one of the	54332
following:	54333

(a) Share with the department a final disallowance of federal	54334
financial participation or other sanction or penalty;	54335

(b) Reimburse the department the final amount the department	54336
pays to the federal government or another entity that represents	54337
the amount the ~~agency~~responsible entity is responsible for of an	54338
adverse audit orfinding, adverse quality control finding, final	54339
disallowance of federal financial participation, or other sanction	54340
or penalty issued by the federal government, auditor of state, or	54341
other entity;	54342

(c) Pay the federal government or another entity the final	54343
amount that represents the amount the ~~agency~~responsible entity is	54344
responsible for of an adverse audit orfinding, adverse quality	54345
control finding, final disallowance of federal financial	54346
participation, or other sanction or penalty issued by the federal	54347
government, auditor of state, or other entity;	54348

(d) Pay the department the final amount that represents the	54349
amount the responsible entity is responsible for of an adverse	54350
audit finding or adverse quality control finding.	54351

~~(3)~~(4) Impose ~~a financial or~~an administrative sanction or	54352
~~adverse audit~~ issued by the department against the responsible	54353
entity. A sanction may be increased if the department has	54354
previously taken action against the responsible entity under this	54355
division.	54356

~~(4)~~(5) Perform, or contract with a government or private	54357
entity for the entity to perform, the family services duty or	54358
~~workforce development activity~~ until the department is satisfied	54359
that the responsible entity ensures that the duty ~~or activity~~ will	54360
be performed satisfactorily. If the department performs or	54361
contracts with an entity to perform a family services duty or	54362
~~workforce development activity~~ under division (C)~~(4)~~(5) of this	54363
section, the department may do either or both of the following:	54364

(a) Spend funds in the county treasury appropriated by the	54365
board of county commissioners for the duty ~~or activity~~;	54366

(b) Withhold funds allocated or reimbursements due to the	54367
responsible entity for the duty ~~or activity~~ and spend the funds	54368
for the duty ~~or activity~~.	54369

~~(5)~~(6) Request that the attorney general bring mandamus	54370
proceedings to compel the responsible entity to take or cease the	54371
action that causes division (B)(1), (2), or (3), or (4) of this	54372
section to apply. The attorney general shall bring mandamus	54373
proceedings in the Franklin county court of appeals at the	54374
department's request.	54375

(7) If the department takes action under this division	54376
because of division (B)(3) of this section, temporarily withhold	54377
funds allocated or reimbursement due to the responsible entity	54378
until the department determines that the responsible entity is in	54379
compliance with the requirement. The department shall release the	54380
funds when the department determines that compliance has been	54381
achieved.	54382

(D) If the department ~~decides~~proposes to take action against	54383
the responsible entity under division (C) of this section, the	54384
department shall notify the responsible entity and county auditor.	54385
The notice shall be in writing and specify the action the	54386
department proposes to take. The department shall send the notice	54387
by regular United States mail.	54388

~~The~~Except as provided by division (E) of this section, the	54389
responsible entity may request an administrative review of a	54390
proposed action~~, other than a proposed action under division~~	54391
~~(C)(5) of this section, by sending a written request to the~~	54392
~~department not later than~~in accordance with administrative review	54393
procedures the department shall establish. The administrative	54394
review procedures shall comply with all of the following:	54395

(1) A request for an administrative review shall state	54396
specifically all of the following:	54397

(a) The proposed action specified in the notice from the	54398
department for which the review is requested;	54399

(b) The reason why the responsible entity believes the	54400
proposed action is inappropriate;	54401

(c) All facts and legal arguments that the responsible entity	54402
wants the department to consider;	54403

(d) The name of the person who will serve as the responsible	54404
entity's representative in the review.	54405

(2) If the department's notice specifies more than one	54406
proposed action and the responsible entity does not specify all of	54407
the proposed actions in its request pursuant to division (D)(1)(a)	54408
of this section, the proposed actions not specified in the request	54409
shall not be subject to administrative review and the parts of the	54410
notice regarding those proposed actions shall be final and binding	54411
on the responsible entity.	54412

(3) In the case of a proposed action under division (C)(1) of	54413
this section, the responsible entity shall have fifteen calendar	54414
days after the department mails the notice to the responsible	54415
entity to send a written request to the department for an	54416
administrative review. If it receives such a request within the	54417
required time, the department shall postpone taking action under	54418
division (C)(1) of this section for fifteen calendar days	54419
following the day it receives the request~~. The~~or extended period	54420
of time provided for in division (D)(5) of this section to allow a	54421
representative of the department and a representative of the	54422
responsible entity ~~shall attempt~~an informal opportunity to	54423
resolve any dispute during that fifteen-day or extended period.	54424

~~(2)~~(4) In the case of a proposed action under division	54425
(C)(2), (3), (4), (5), or (7) of this section, ~~forty-five~~the	54426
responsible entity shall have thirty calendar days after the	54427
department mails the notice to the responsible entity to send a	54428
written request to the department for an administrative review.	54429
~~The administrative review shall be limited solely to the issue of~~	54430
~~the amount the responsible entity shall share with the department,~~	54431
~~reimburse the department, or pay to the federal government or~~	54432
~~another entity under division (C)(2) of this section. The~~If it	54433
receives such a request within the required time, the department	54434
shall postpone taking action under division (C)(2), (3), (4), (5),	54435
or (7) of this section for thirty calendar days following the day	54436
it receives the request or extended period of time provided for in	54437
division (D)(5) of this section to allow a representative of the	54438
department and a representative of the responsible entity ~~shall~~	54439
~~attempt~~an informal opportunity to resolve any dispute ~~within~~	54440
~~sixty days~~during that thirty-day or extended period.	54441

~~(3) In the case of a proposed action under division (C)(3) or~~	54442
~~(4) of this section, forty-five days after the department mails~~	54443
~~the notice to the responsible entity. The department and~~	54444
~~responsible entity shall attempt to resolve any dispute within~~	54445
~~sixty days.~~	54446

~~If the department and responsible entity fail to resolve any~~	54447
~~dispute within the required time, the department shall conduct a~~	54448
~~hearing in accordance with Chapter 119. of the Revised Code,~~	54449
~~except that the department, notwithstanding section 119.07 of the~~	54450
~~Revised Code, is not required to schedule the hearing within~~	54451
~~fifteen days of the responsible entity's request.~~	54452

~~(E)~~(5) If the informal opportunity provided in division	54453
(D)(3) or (4) of this section does not result in a written	54454
resolution to the dispute within the fifteen- or thirty-day	54455
period, the director of job and family services and representative	54456
of the responsible entity may enter into a written agreement	54457
extending the time period for attempting an informal resolution of	54458
the dispute under division (D)(3) or (4) of this section.	54459

(6) In the case of a proposed action under division (C)(3) of	54460
this section, the responsible entity may not include in its	54461
request disputes over a finding, final disallowance of federal	54462
financial participation, or other sanction or penalty issued by	54463
the federal government, auditor of state, or entity other than the	54464
department.	54465

(7) If the responsible entity fails to request an	54466
administrative review within the required time, the responsible	54467
entity loses the right to request an administrative review of the	54468
proposed actions specified in the notice and the notice becomes	54469
final and binding on the responsible entity.	54470

(8) If the informal opportunity provided in division (D)(3)	54471
or (4) of this section does not result in a written resolution to	54472
the dispute within the time provided by division (D)(3), (4), or	54473
(5) of this section, the director shall appoint an administrative	54474
review panel to conduct the administrative review. The review	54475
panel shall consist of department employees and one director or	54476
other representative of the type of county family services agency	54477
that is responsible for the kind of family services duty that is	54478
the subject of the dispute and serves a different county than the	54479
county served by the responsible entity. No individual involved in	54480
the department's proposal to take action against the responsible	54481
entity may serve on the review panel. The review panel shall	54482
review the responsible entity's request. The review panel may	54483
require that the department or responsible entity submit	54484
additional information and schedule and conduct an informal	54485
hearing to obtain testimony or additional evidence. A review of a	54486
proposal to take action under division (C)(3) of this section	54487
shall be limited solely to the issue of the amount the responsible	54488
entity shall share with the department, reimburse the department,	54489
or pay to the federal government, department, or other entity	54490
under division (C)(3) of this section. The review panel is not	54491
required to make a stenographic record of its hearing or other	54492
proceedings.	54493

(9) After finishing an administrative review, an	54494
administrative review panel appointed under division (D)(8) of	54495
this section shall submit a written report to the director setting	54496
forth its findings of fact, conclusions of law, and	54497
recommendations for action. The director may approve, modify, or	54498
disapprove the recommendations. If the director modifies or	54499
disapproves the recommendations, the director shall state the	54500
reasons for the modification or disapproval and the actions to be	54501
taken against the responsible entity.	54502

(10) The director's approval, modification, or disapproval	54503
under division (D)(9) of this section shall be final and binding	54504
on the responsible entity and shall not be subject to further	54505
departmental review.	54506

(E) The responsible entity is not entitled to an	54507
administrative review under division (D) of this section for any	54508
of the following:	54509

(1) An action taken under division (C)(6) of this section;

54510

(2) An action taken under section 5101.242 of the Revised	54511
Code;	54512

(3) An action taken under division (C)(3) of this section if	54513
the federal government, auditor of state, or entity other than the	54514
department has identified the county family services agency as	54515
being solely or partially responsible for an adverse audit	54516
finding, adverse quality control finding, final disallowance of	54517
federal financial participation, or other sanction or penalty;	54518

(4) An adjustment to an allocation, cash draw, advance, or	54519
reimbursement to a county family services agency that the	54520
department determines necessary for budgetary reasons;	54521

(5) Withholding of a cash draw or reimbursement due to	54522
noncompliance with a reporting requirement established in rules	54523
adopted under section 5101.243 of the Revised Code.	54524

(F) This section does not apply to other actions the	54525
department takes against the responsible entity pursuant to	54526
authority granted by another state law unless the other state law	54527
requires the department to take the action in accordance with this	54528
section.	54529

(G) The director of job and family services may adopt rules	54530
in accordance with Chapter 119. of the Revised Code as necessary	54531
to implement this section.	54532

Sec. 5101.241. (A) As used in this section:

54533

(1) "Local area" and "chief elected official" have the same	54534
meaning as in section 5101.20 of the Revised Code.	54535

(2) "Responsible entity" means the chief elected officials of	54536
a local area.	54537

(B) The department of job and family services may take action	54538
under division (C) of this section against the responsible entity,	54539
regardless of who performs the workforce development activity, if	54540
the department determines any of the following are the case:	54541

(1) A requirement of a grant agreement entered into under	54542
section 5101.20 of the Revised Code that includes the workforce	54543
development activity, including a requirement for grant agreements	54544
established by rules adopted under that section, is not complied	54545
with;	54546

(2) A performance standard for the workforce development	54547
activity established by the federal government or the department	54548
is not met;	54549

(3) A requirement for the workforce development activity	54550
established by the department or any of the following is not	54551
complied with: a federal or state law, state plan for receipt of	54552
federal financial participation, grant agreement between the	54553
department and a federal agency, or executive order;	54554

(4) The responsible entity is solely or partially	54555
responsible, as determined by the director of job and family	54556
services, for an adverse audit finding, adverse quality control	54557
finding, final disallowance of federal financial participation, or	54558
other sanction or penalty regarding the workforce development	54559
activity.	54560

(C) The department may take one or more of the following	54561
actions against the responsible entity when authorized by division	54562
(B)(1), (2), (3), or (4) of this section:	54563

(1) Require the responsible entity to submit to and comply	54564
with a corrective action plan, established or approved by the	54565
department, pursuant to a time schedule specified by the	54566
department;	54567

(2) Require the responsible entity to do one of the	54568
following:	54569

(a) Share with the department a final disallowance of federal	54570
financial participation or other sanction or penalty;	54571

(b) Reimburse the department the amount the department pays	54572
to the federal government or another entity that represents the	54573
amount the responsible entity is responsible for of an adverse	54574
audit finding, adverse quality control finding, final disallowance	54575
of federal financial participation, or other sanction or penalty	54576
issued by the federal government, auditor of state, or other	54577
entity;	54578

(c) Pay the federal government or another entity the amount	54579
that represents the amount the responsible entity is responsible	54580
for of an adverse audit finding, adverse quality control finding,	54581
final disallowance of federal financial participation, or other	54582
sanction or penalty issued by the federal government, auditor of	54583
state, or other entity;	54584

(d) Pay the department the amount that represents the amount	54585
the responsible entity is responsible for of an adverse audit	54586
finding, adverse quality control finding, or other sanction or	54587
penalty issued by the department.	54588

(3) Impose a financial or administrative sanction or adverse	54589
audit finding issued by the department against the responsible	54590
entity, which may be increased with each subsequent action taken	54591
against the responsible entity.	54592

(4) Perform or contract with a government or private entity	54593
for the entity to perform the workforce development activity until	54594
the department is satisfied that the responsible entity ensures	54595
that the activity will be performed to the department's	54596
satisfaction. If the department performs or contracts with an	54597
entity to perform the workforce development activity under	54598
division (C)(4) of this section, the department may withhold funds	54599
allocated to or reimbursements due to the responsible entity for	54600
the activity and use those funds to implement division (C)(4) of	54601
this section.	54602

(5) Request the attorney general to bring mandamus	54603
proceedings to compel the responsible entity to take or cease the	54604
actions listed in division (B) of this section. The attorney	54605
general shall bring any mandamus proceedings in the Franklin	54606
county court of appeals at the department's request.	54607

(6) If the department takes action under this division	54608
because of division (B)(3) of this section, withhold funds	54609
allocated or reimbursement due to the responsible entity until the	54610
department determines that the responsible entity is in compliance	54611
with the requirement. The department shall release the funds when	54612
the department determines that compliance has been achieved.	54613

(D) The department shall notify the responsible entity and	54614
the appropriate county auditor when the department proposes to	54615
take action under division (C) of this section. The notice shall	54616
be in writing and specify the action the department proposes to	54617
take. The department shall send the notice by regular United	54618
States mail. Except as provided in division (E) of this section,	54619
the responsible entity may request an administrative review of a	54620
proposed action in accordance with administrative review	54621
procedures the department shall establish. The administrative	54622
review procedures shall comply with all of the following:	54623

(1) A request for an administrative review shall state	54624
specifically all of the following:	54625

(a) The proposed action specified in the notice from the	54626
department for which the review is requested;	54627

(b) The reason why the responsible entity believes the	54628
proposed action is inappropriate;	54629

(c) All facts and legal arguments that the responsible entity	54630
wants the department to consider;	54631

(d) The name of the person who will serve as the responsible	54632
entity's representative in the review.	54633

(2) If the department's notice specifies more than one	54634
proposed action and the responsible entity does not specify all of	54635
the proposed actions in its request pursuant to division (D)(1)(a)	54636
of this section, the proposed actions not specified in the request	54637
shall not be subject to administrative review and the parts of the	54638
notice regarding those proposed actions shall be final and binding	54639
on the responsible entity.	54640

(3) In the case of a proposed action under division (C)(1) of	54641
this section, the responsible entity shall have fifteen calendar	54642
days after the department mails the notice to the responsible	54643
entity to send a written request to the department for an	54644
administrative review. If it receives such a request within the	54645
required time, the department shall postpone taking action under	54646
division (C)(1) of this section for fifteen calendar days	54647
following the day it receives the request to allow a	54648
representative of the department and a representative of the	54649
responsible entity an informal opportunity to resolve any dispute	54650
during that fifteen-day period.	54651

(4) In the case of a proposed action under division (C)(2),	54652
(3), or (4) of this section, the responsible entity shall have	54653
thirty calendar days after the department mails the notice to the	54654
responsible entity to send a written request to the department for	54655
an administrative review. If it receives such a request within the	54656
required time, the department shall postpone taking action under	54657
division (C)(2), (3), or (4) of this section for thirty calendar	54658
days following the day it receives the request to allow a	54659
representative of the department and a representative of the	54660
responsible entity an informal opportunity to resolve any dispute	54661
during that thirty-day period.	54662

(5) In the case of a proposed action under division (C)(2) of	54663
this section, the responsible entity may not include in its	54664
request disputes over a finding, final disallowance of federal	54665
financial participation, or other sanction or penalty issued by	54666
the federal government, auditor of state, or other entity other	54667
than the department.	54668

(6) If the responsible entity fails to request an	54669
administrative review within the required time, the responsible	54670
entity loses the right to request an administrative review of the	54671
proposed actions specified in the notice and the notice becomes	54672
final and binding on the responsible entity.	54673

(7) If the informal opportunity provided in division (D)(3)	54674
or (4) of this section does not result in a written resolution to	54675
the dispute, the director of job and family services shall appoint	54676
an administrative review panel to conduct the administrative	54677
review. The review panel shall consist of department employees who	54678
are not involved in the department's proposal to take action	54679
against the responsible entity. The review panel shall review the	54680
responsible entity's request. The review panel may require that	54681
the department or responsible entity submit additional information	54682
and schedule and conduct an informal hearing to obtain testimony	54683
or additional evidence. A review of a proposal to take action	54684
under division (C)(2) of this section shall be limited solely to	54685
the issue of the amount the responsible entity shall share with	54686
the department, reimburse the department, or pay to the federal	54687
government, department, or other entity under division (C)(2) of	54688
this section. The review panel is not required to make a	54689
stenographic record of its hearing or other proceedings.	54690

(8) After finishing an administrative review, an	54691
administrative review panel appointed under division (D)(7) of	54692
this section shall submit a written report to the director setting	54693
forth its findings of fact, conclusions of law, and	54694
recommendations for action. The director may approve, modify, or	54695
disapprove the recommendations. If the director modifies or	54696
disapproves the recommendations, the director shall state the	54697
reasons for the modification or disapproval and the actions to be	54698
taken against the responsible entity.	54699

(9) The director's approval, modification, or disapproval	54700
under division (D)(8) of this section shall be final and binding	54701
on the responsible entity and shall not be subject to further	54702
departmental review.	54703

(E) The responsible entity is not entitled to an	54704
administrative review under division (D) of this section for any	54705
of the following:	54706

(1) An action taken under division (C)(5) or (6) of this	54707
section;	54708

(2) An action taken under section 5101.242 of the Revised	54709
Code;	54710

(3) An action taken under division (C)(2) of this section if	54711
the federal government, auditor of state, or entity other than the	54712
department has identified the responsible entity as being solely	54713
or partially responsible for an adverse audit finding, adverse	54714
quality control finding, final disallowance of federal financial	54715
participation, or other sanction or penalty;	54716

(4) An adjustment to an allocation, cash draw, advance, or	54717
reimbursement to the responsible entity's local area that the	54718
department determines necessary for budgetary reasons;	54719

(5) Withholding of a cash draw or reimbursement due to	54720
noncompliance with a reporting requirement established in rules	54721
adopted under section 5101.243 of the Revised Code.	54722

(F) This section does not apply to other actions the	54723
department takes against the responsible entity pursuant to	54724
authority granted by another state law unless the other state law	54725
requires the department to take the action in accordance with this	54726
section.	54727

(G) The director of job and family services may adopt rules	54728
in accordance with Chapter 119. of the Revised Code as necessary	54729
to implement this section.	54730

Sec. 5101.242. The department of job and family services may	54731
certify a claim to the attorney general under section 131.02 of	54732
the Revised Code for the attorney general to take action under	54733
that section against a responsible entity to recover any funds	54734
that the department determines the responsible entity owes the	54735
department for actions taken under division (C)(2), (3), (4), or	54736
(5) of section 5101.24 or 5101.241 of the Revised Code.	54737

Sec. 5101.243. The director of job and family services may	54738
adopt rules in accordance with section 111.15 of the Revised Code	54739
establishing reporting requirements for family services duties and	54740
workforce development activities. If the director adopts the	54741
rules, the director shall adopt the rules as if they were internal	54742
management rules and, before adopting the rules, give the public	54743
an opportunity to review and comment on the proposed rules.	54744

Sec. 5101.26. As used in this section and in sections	54745
5101.27 to 5101.30 of the Revised Code:	54746

(A) "County agency" means a county department of job and	54747
family services or a public children services agency.	54748

(B) "Fugitive felon" means an individual who is fleeing to	54749
avoid prosecution, or custody or confinement after conviction,	54750
under the laws of the place from which the individual is fleeing,	54751
for a crime or an attempt to commit a crime that is a felony under	54752
the laws of the place from which the individual is fleeing or, in	54753
the case of New Jersey, a high misdemeanor, regardless of whether	54754
the individual has departed from the individual's usual place of	54755
residence.	54756

(C) "Information" means records as defined in section 149.011	54757
of the Revised Code, any other documents in any format, and data	54758
derived from records and documents that are generated, acquired,	54759
or maintained by the department of job and family services, a	54760
county agency, or an entity performing duties on behalf of the	54761
department or a county agency.	54762

(D) "Law enforcement agency" means the state highway patrol,	54763
an agency that employs peace officers as defined in section 109.71	54764
of the Revised Code, the adult parole authority, a county	54765
department of probation, a prosecuting attorney, the attorney	54766
general, similar agencies of other states, federal law enforcement	54767
agencies, and postal inspectors. "Law enforcement agency" includes	54768
the peace officers and other law enforcement officers employed by	54769
the agency.	54770

(E) "Medical assistance provided under a public assistance	54771
program" means medical assistance provided under the programs	54772
established under sections 5101.49, 5101.50 to 5101.503, and	54773
5101.51 to 5101.5110, Chapters 5111. and 5115., or any other	54774
provision of the Revised Code.	54775

(F) "Public assistance" means financial assistance, medical	54776
assistance, or social services provided under a program	54777
administered by the department of job and family services or a	54778
county agency pursuant to Chapter 329., 5101., 5104., 5107.,	54779
5108., 5111., or 5115. of the Revised Code or an executive order	54780
issued under section 107.17 of the Revised Code.	54781

~~(F)~~(G) "Public assistance recipient" means an applicant for	54782
or recipient or former recipient of public assistance.	54783

Sec. 5101.27. (A) Except as permitted by this section,	54784
section 5101.28 or 5101.29 of the Revised Code, or the rules	54785
adopted under division (A) of section 5101.30 of the Revised Code,	54786
or required by federal law, no person or government entity shall	54787
solicit, disclose, receive, use, or knowingly permit, or	54788
participate in the use of any information regarding a public	54789
assistance recipient for any purpose not directly connected with	54790
the administration of a public assistance program.	54791

(B)~~(1)~~ To the extent permitted by federal law, the department	54792
of job and family services and county agencies shall ~~release~~do	54793
both of the following:	54794

(1) Release information regarding a public assistance	54795
recipient for purposes directly connected to the administration of	54796
the program to a government entity responsible for administering a	54797
that public assistance program ~~or any other state, federal, or~~	54798
~~federally assisted program that provides cash or in-kind~~	54799
~~assistance or services directly to individuals based on need or~~	54800
~~for the purpose of protecting children to a government entity~~	54801
~~responsible for administering a children's protective services~~	54802
~~program.~~;	54803

(2) ~~To the extent permitted by federal law, the department~~	54804
~~and county agencies shall provide~~Provide information regarding a	54805
public assistance recipient to a law enforcement agency for the	54806
purpose of any investigation, prosecution, or criminal or civil	54807
proceeding relating to the administration of athat public	54808
assistance program.	54809

(C) To the extent permitted by federal law and section	54810
1347.08 of the Revised Code, the department and county agencies	54811
shall provide access to information regarding a public assistance	54812
recipient to all of the following:	54813

(1) The recipient;

54814

(2) The authorized representative~~, as defined in rules~~	54815
~~adopted under section 5101.30 of the Revised Code, of the~~	54816
~~recipient~~;	54817

(3) The ~~parent or~~legal guardian of the recipient;

54818

(4) The attorney of the recipient, if the attorney has	54819
written authorization that complies with section 5101.271 of the	54820
Revised Code from the recipient.	54821

(D) To the extent permitted by federal law and subject to	54822
division (E) of this section, the department and county agencies	54823
may ~~release~~do both of the following:	54824

(1) Release information about a public assistance recipient	54825
if the recipient gives voluntary, written ~~consent that~~	54826
~~specifically identifies the persons or government entities to~~	54827
~~which the information may be released.~~	54828

~~The~~authorization that complies with section 5101.271 of the	54829
Revised Code;	54830

(2) Release information regarding a public assistance	54831
recipient to a state, federal, or federally assisted program that	54832
provides cash or in-kind assistance or services directly to	54833
individuals based on need or for the purpose of protecting	54834
children to a government entity responsible for administering a	54835
children's protective services program.	54836

(E) Except when the release is required by division (B), (C),	54837
or (D)(2) of this section, the department or county agency shall	54838
release the information only ~~to the persons or government entities~~	54839
~~specified in the document evidencing consent. Consent may be~~	54840
~~time-limited or ongoing, at the discretion of the individual~~	54841
~~giving it, and may be rescinded at any time; however, an~~	54842
~~individual cannot rescind consent retroactively. The document~~	54843
~~evidencing consent must state that consent may be rescinded~~in	54844
accordance with the authorization. The department or county agency	54845
shall provide, at no cost, a copy of each written authorization to	54846
the individual who signed it.	54847

(F) The department or a county agency may release information	54848
under ~~this~~ division (D) of this section concerning athe receipt	54849
of medical assistance provided under ~~Chapter 5111. of the Revised~~	54850
~~Code~~a public assistance program only if ~~both~~all of the following	54851
conditions are ~~the case~~met:	54852

(1) The release of information is for purposes directly	54853
connected to the administration of ~~programs created under Chapter~~	54854
~~5111. of the Revised Code~~ or ~~services~~provision of medical	54855
assistance provided under ~~programs created under that chapter~~a	54856
public assistance program;	54857

(2) The information is released to persons or government	54858
entities that are subject to standards of confidentiality and	54859
safeguarding information substantially comparable to those	54860
established for ~~programs created under Chapter 5111. of the~~	54861
~~Revised Code~~medical assistance provided under a public assistance	54862
program;	54863

(3) The department or county agency has obtained an	54864
authorization consistent with section 5101.271 of the Revised	54865
Code.	54866

(G) Information concerning the receipt of medical assistance	54867
provided under a public assistance program may be released only if	54868
the release complies with this section and rules adopted by the	54869
department pursuant to section 5101.30 of the Revised Code or, if	54870
more restrictive, the Health Insurance Portability and	54871
Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat. 1955,	54872
42 U.S.C. 1320d, et seq., as amended, and regulations adopted by	54873
the United States department of health and human services to	54874
implement the act.	54875

(H) The department of job and family services may adopt rules	54876
defining "authorized representative" for purposes of division	54877
(C)(2) of this section.	54878

Sec. 5101.271. (A) For the purposes of section 5101.27 of the	54879
Revised Code, an authorization shall be made on a form that uses	54880
language understandable to the average person and contains all of	54881
the following:	54882

(1) A description of the information to be used or disclosed	54883
that identifies the information in a specific and meaningful	54884
fashion;	54885

(2) The name or other specific identification of the person	54886
or class of persons authorized to make the requested use or	54887
disclosure;	54888

(3) The name or other specific identification of the person	54889
or governmental entity to which the information may be released;	54890

(4) A description of each purpose of the requested use or	54891
disclosure of the information;	54892

(5) The date on which the authorization expires or an event	54893
related either to the individual who is the subject of the request	54894
or to the purposes of the requested use or disclosure, the	54895
occurrence of which will cause the authorization to expire;	54896

(6) A statement that the information used or disclosed	54897
pursuant to the authorization may be disclosed by the recipient of	54898
the information and may no longer be protected from disclosure;	54899

(7) The signature of the individual or the individual's	54900
authorized representative and the date on which the authorization	54901
was signed;	54902

(8) If signed by an authorized representative, a description	54903
of the representative's authority to act for the individual;	54904

(9) A statement of the individual or authorized	54905
representative's right to prospectively revoke the written	54906
authorization in writing, along with one of the following:	54907

(a) A description of how the individual or authorized	54908
representative may revoke the authorization;	54909

(b) If the department of job and family services' privacy	54910
notice contains a description of how the individual or authorized	54911
representative may revoke the authorization, a reference to that	54912
privacy notice.	54913

(10) A statement that treatment, payment, enrollment, or	54914
eligibility for public assistance cannot be conditioned on signing	54915
the authorization unless the authorization is necessary for	54916
determining eligibility for the public assistance program.	54917

(B) When an individual requests information pursuant to	54918
section 5101.27 of the Revised Code regarding the individual's	54919
receipt of public assistance and does not wish to provide a	54920
statement of purpose, the statement "at request of the individual"	54921
is a sufficient description for purposes of division (A)(4) of	54922
this section.	54923

Sec. 5101.28. (A) ~~The department of job and family services~~	54924
~~shall enter into written agreements with law enforcement agencies~~	54925
~~to exchange, obtain, or share~~(1) On request of the department of	54926
job and family services or a county agency, a law enforcement	54927
agency shall provide information regarding public assistance	54928
recipients to enable the department,or county ~~agencies, and law~~	54929
~~enforcement agencies~~agency to determine, for eligibility	54930
purposes, whether a recipient or a member of a recipient's	54931
assistance group is ~~either of the following:~~	54932

~~(1) A~~a fugitive ~~felon;~~

54933

~~(2) Violating~~felon or violating a condition of probation, a	54934
community control sanction, parole, or a post-release control	54935
sanction imposed under state or federal law.	54936

(2) A county agency may enter into a written agreement with a	54937
local law enforcement agency establishing procedures concerning	54938
access to information and providing for compliance with division	54939
(F) of this section.	54940

(B) ~~The~~To the extent permitted by federal law, the	54941
department and county agencies shall provide information, except	54942
information directly related to the receipt of medical assistance	54943
or medical services, regarding recipients of public assistance	54944
under a program administered by the state department or a county	54945
agency pursuant to Chapter 5107., 5108., or 5115. of the Revised	54946
Code to law enforcement agencies on request for the purposes of	54947
investigations, prosecutions, and criminal and civil proceedings	54948
that are within the scope of the law enforcement agencies'	54949
official duties.	54950

(C) Information about a recipient shall be exchanged,	54951
obtained, or shared only if the department, county agency, or law	54952
enforcement agency requesting the information gives sufficient	54953
information to specifically identify the recipient. In addition to	54954
the recipient's name, identifying information may include the	54955
recipient's current or last known address, social security number,	54956
other identifying number, age, gender, physical characteristics,	54957
any information specified in an agreement entered into under	54958
division (A) of this section, or any information considered	54959
appropriate by the department or agency.	54960

(D)(1) The department and its officers and employees are not	54961
liable in damages in a civil action for any injury, death, or loss	54962
to person or property that allegedly arises from the release of	54963
information in accordance with divisions (A), (B), and (C) of this	54964
section. This section does not affect any immunity or defense that	54965
the department and its officers and employees may be entitled to	54966
under another section of the Revised Code or the common law of	54967
this state, including section 9.86 of the Revised Code.	54968

(2) The county agencies and their employees are not liable in	54969
damages in a civil action for any injury, death, or loss to person	54970
or property that allegedly arises from the release of information	54971
in accordance with divisions (A), (B), and (C) of this section.	54972
"Employee" has the same meaning as in division (B) of section	54973
2744.01 of the Revised Code. This section does not affect any	54974
immunity or defense that the county agencies and their employees	54975
may be entitled to under another section of the Revised Code or	54976
the common law of this state, including section 2744.02 and	54977
division (A)(6) of section 2744.03 of the Revised Code.	54978

(E) To the extent permitted by federal law, the department	54979
and county agencies shall provide access to information to the	54980
auditor of state acting pursuant to Chapter 117. or sections	54981
5101.181 and 5101.182 of the Revised Code and to any other	54982
government entity authorized by or federal law to conduct an audit	54983
of or similar activity involving a public assistance program.	54984

(F) The auditor of state shall prepare an annual report on	54985
the outcome of the agreements required under division (A) of this	54986
section. The report shall include the number of fugitive felons	54987
and probation and parole violators apprehended during the	54988
immediately preceding year as a result of the exchange of	54989
information pursuant to that division. The auditor of state shall	54990
file the report with the governor, the president and minority	54991
leader of the senate, and the speaker and minority leader of the	54992
house of representatives. The state department, county agencies,	54993
and law enforcement agencies shall cooperate with the auditor of	54994
state's office in gathering the information required under this	54995
division.	54996

(G) To the extent permitted by federal law, the department of	54997
job and family services, county departments of job and family	54998
services, and employees of the departments may report to a public	54999
children services agency or other appropriate agency information	55000
on known or suspected physical or mental injury, sexual abuse or	55001
exploitation, or negligent treatment or maltreatment, of a child	55002
receiving public assistance, if circumstances indicate that the	55003
child's health or welfare is threatened.	55004

Sec. 5101.35. (A) As used in this section:

55005

(1) "Agency" means the following entities that administer a	55006
family services program:	55007

(a) The department of job and family services;

55008

(b) A county department of job and family services;

55009

55010

(d) A private or government entity administering, in whole or	55011
in part, a family services program for or on behalf of the	55012
department of job and family services or a county department of	55013
job and family services or public children services agency.	55014

(2) "Appellant" means an applicant, participant, former	55015
participant, recipient, or former recipient of a family services	55016
program who is entitled by federal or state law to a hearing	55017
regarding a decision or order of the agency that administers the	55018
program.	55019

(3) "Family services program" means assistance provided under	55020
a Title IV-A program as defined in section 5101.80 of the Revised	55021
Code or under Chapter 5104., 5111., or 5115. or section 173.35,	55022
5101.141, 5101.46, 5101.54, 5153.163, or 5153.165 of the Revised	55023
Code, other than assistance provided under section 5101.46 of the	55024
Revised Code by the department of mental health, the department of	55025
mental retardation and developmental disabilities, a board of	55026
alcohol, drug addiction, and mental health services, or a county	55027
board of mental retardation and developmental disabilities.	55028

(B) Except as provided in by division (G) of this section, an	55029
appellant who appeals under federal or state law a decision or	55030
order of an agency administering a family services program shall,	55031
at the appellant's request, be granted a state hearing by the	55032
department of job and family services. This state hearing shall be	55033
conducted in accordance with rules adopted under this section. The	55034
state hearing shall be tape-recorded, but neither the recording	55035
nor a transcript of the recording shall be part of the official	55036
record of the proceeding. A state hearing decision is binding upon	55037
the agency and department, unless it is reversed or modified on	55038
appeal to the director of job and family services or a court of	55039
common pleas.	55040

(C) Except as provided by division (G) of this section, an	55041
appellant who disagrees with a state hearing decision may make an	55042
administrative appeal to the director of job and family services	55043
in accordance with rules adopted under this section. This	55044
administrative appeal does not require a hearing, but the director	55045
or the director's designee shall review the state hearing decision	55046
and previous administrative action and may affirm, modify, remand,	55047
or reverse the state hearing decision. Any person designated to	55048
make an administrative appeal decision on behalf of the director	55049
shall have been admitted to the practice of law in this state. An	55050
administrative appeal decision is the final decision of the	55051
department and is binding upon the department and agency, unless	55052
it is reversed or modified on appeal to the court of common pleas.	55053

(D) An agency shall comply with a decision issued pursuant to	55054
division (B) or (C) of this section within the time limits	55055
established by rules adopted under this section. If a county	55056
department of job and family services or a public children	55057
services agency fails to comply within these time limits, the	55058
department may take action pursuant to section 5101.24 of the	55059
Revised Code. If another agency fails to comply within the time	55060
limits, the department may force compliance by withholding funds	55061
due the agency or imposing another sanction established by rules	55062
adopted under this section.	55063

(E) An appellant who disagrees with an administrative appeal	55064
decision of the director of job and family services or the	55065
director's designee issued under division (C) of this section may	55066
appeal from the decision to the court of common pleas pursuant to	55067
section 119.12 of the Revised Code. The appeal shall be governed	55068
by section 119.12 of the Revised Code except that:	55069

(1) The person may appeal to the court of common pleas of the	55070
county in which the person resides, or to the court of common	55071
pleas of Franklin county if the person does not reside in this	55072
state.	55073

(2) The person may apply to the court for designation as an	55074
indigent and, if the court grants this application, the appellant	55075
shall not be required to furnish the costs of the appeal.	55076

(3) The appellant shall mail the notice of appeal to the	55077
department of job and family services and file notice of appeal	55078
with the court within thirty days after the department mails the	55079
administrative appeal decision to the appellant. For good cause	55080
shown, the court may extend the time for mailing and filing notice	55081
of appeal, but such time shall not exceed six months from the date	55082
the department mails the administrative appeal decision. Filing	55083
notice of appeal with the court shall be the only act necessary to	55084
vest jurisdiction in the court.	55085

(4) The department shall be required to file a transcript of	55086
the testimony of the state hearing with the court only if the	55087
court orders the department to file the transcript. The court	55088
shall make such an order only if it finds that the department and	55089
the appellant are unable to stipulate to the facts of the case and	55090
that the transcript is essential to a determination of the appeal.	55091
The department shall file the transcript not later than thirty	55092
days after the day such an order is issued.	55093

(F) The department of job and family services shall adopt	55094
rules in accordance with Chapter 119. of the Revised Code to	55095
implement this section, including rules governing the following:	55096

(1) State hearings under division (B) of this section. The	55097
rules shall include provisions regarding notice of eligibility	55098
termination and the opportunity of an appellant appealing a	55099
decision or order of a county department of job and family	55100
services to request a county conference with the county department	55101
before the state hearing is held.	55102

(2) Administrative appeals under division (C) of this	55103
section;	55104

(3) Time limits for complying with a decision issued under	55105
division (B) or (C) of this section;	55106

(4) Sanctions that may be applied against an agency under	55107
division (D) of this section.	55108

(G) The department of job and family services may adopt rules	55109
in accordance with Chapter 119. of the Revised Code establishing	55110
inan appeals process for an appellant who appeals a decision or	55111
order regarding a Title IV-A program identified under division	55112
(A)(3)(c) or (d) of section 5101.80 of the Revised Code that is	55113
different from the appeals process established by this section.	55114
The different appeals process may include having a state agency	55115
that administers the Title IV-A program pursuant to an interagency	55116
agreement entered into under section 5101.801 of the Revised Code	55117
administer the appeals process.	55118

(H) The requirements of Chapter 119. of the Revised Code	55119
apply to a state hearing or administrative appeal under this	55120
section only to the extent, if any, specifically provided by rules	55121
adopted under this section.	55122

Sec. 5101.36. Any application for public assistance gives a	55123
right of subrogation to the department of job and family services	55124
for any workers' compensation benefits payable to a person who is	55125
subject to a support order, as defined in section 3119.01 of the	55126
Revised Code, on behalf of the applicant, to the extent of any	55127
public assistance payments made on the applicant's behalf. If the	55128
director of job and family services, in consultation with a child	55129
support enforcement agency and the administrator of the bureau of	55130
workers' compensation, determines that a person responsible for	55131
support payments to a recipient of public assistance is receiving	55132
workers' compensation, the director shall notify the administrator	55133
of the amount of the benefit to be paid to the department of job	55134
and family services.	55135

For purposes of this section, "public assistance" means	55136
medical assistance provided through the medical assistance program	55137
established under section 5111.01 of the Revised Code; Ohio works	55138
first provided under Chapter 5107. of the Revised Code;	55139
prevention, retention, and contingency benefits and services	55140
provided under Chapter 5108. of the Revised Code; or disability	55141
financial assistance provided under Chapter 5115. of the Revised	55142
Code; or disability medical assistance provided under Chapter	55143
5115. of the Revised Code.	55144

Sec. 5101.46. (A) As used in this section:

55145

(1) "Title XX" means Title XX of the "Social Security Act,"	55146
88 Stat. 2337 (1974), 42 U.S.C.A. 1397, as amended.	55147

(2) "Respective local agency" means, with respect to the	55148
department of job and family services, a county department of job	55149
and family services; with respect to the department of mental	55150
health, a board of alcohol, drug addiction, and mental health	55151
services; and with respect to the department of mental retardation	55152
and developmental disabilities, a county board of mental	55153
retardation and developmental disabilities.	55154

(3) "Federal poverty guidelines" means the poverty guidelines	55155
as revised annually by the United States department of health and	55156
human services in accordance with section 673(2) of the "Omnibus	55157
Budget Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A.	55158
9902, as amended, for a family size equal to the size of the	55159
family of the person whose income is being determined.	55160

(B) The departments of job and family services, mental	55161
health, and mental retardation and developmental disabilities,	55162
with their respective local agencies, shall administer the	55163
provision of social services funded through grants made under	55164
Title XX. The social services furnished with Title XX funds shall	55165
be directed at the following goals:	55166

(1) Achieving or maintaining economic self-support to	55167
prevent, reduce, or eliminate dependency;	55168

(2) Achieving or maintaining self-sufficiency, including	55169
reduction or prevention of dependency;	55170

(3) Preventing or remedying neglect, abuse, or exploitation	55171
of children and adults unable to protect their own interests, or	55172
preserving, rehabilitating, or reuniting families;	55173

(4) Preventing or reducing inappropriate institutional care	55174
by providing for community-based care, home-based care, or other	55175
forms of less intensive care;	55176

(5) Securing referral or admission for institutional care	55177
when other forms of care are not appropriate, or providing	55178
services to individuals in institutions.	55179

(C)(1) All federal funds received under Title XX shall be	55180
appropriated as follows:	55181

(a) Seventy-two and one-half per cent to the department of	55182
job and family services;	55183

(b) Twelve and ninety-three one-hundreths per cent to the	55184
department of mental health;	55185

(c) Fourteen and fifty-seven one-hundreths per cent to the	55186
department of mental retardation and developmental disabilities.	55187

(2) Each state department shall, subject to the approval of	55188
the controlling board, develop formulas for the distribution of	55189
their Title XX appropriations to their respective local agencies.	55190
The formulas shall take into account the total population of the	55191
area that is served by the agency, the percentage of the	55192
population in the area that falls below the federal poverty	55193
guidelines, and the agency's history of and ability to utilize	55194
Title XX funds.	55195

(3) Each of the state departments shall expend no more than	55196
three per cent of its Title XX appropriation for state	55197
administrative costs. Each of the department's respective local	55198
agencies shall expend no more than fourteen per cent of its Title	55199
XX appropriation for local administrative costs.	55200

(4) The department of job and family services shall expend no	55201
more than two per cent of its Title XX appropriation for the	55202
training of the following:	55203

(a) Employees of county departments of job and family	55204
services;	55205

(b) Providers of services under contract with the state	55206
departments' respective local agencies;	55207

(c) Employees of a public children services agency directly	55208
engaged in providing Title XX services.	55209

(D) The department of job and family services shall prepare a	55210
biennial comprehensive Title XX social services plan on the	55211
intended use of Title XX funds. The department shall develop a	55212
method for obtaining public comment during the development of the	55213
plan and following its completion.	55214

For each state fiscal year, the department of job and family	55215
services shall prepare a report on the actual use of Title XX	55216
funds. The department shall make the report available for public	55217
inspection.	55218

The departments of mental health and mental retardation and	55219
developmental disabilities shall prepare and submit to the	55220
department of job and family services the portions of each	55221
biennial plan and annual report that apply to services for mental	55222
health and mental retardation and developmental disabilities. Each	55223
respective local agency of the three state departments shall	55224
submit information as necessary for the preparation of biennial	55225
plans and annual reports.	55226

(E) Each county department shall adopt a county profile for	55227
the administration and provision of Title XX social services in	55228
the county. In developing its county profile, the county	55229
department shall take into consideration the comments and	55230
recommendations received from the public by the county family	55231
services planning committee pursuant to section 329.06 of the	55232
Revised Code. As part of its preparation of the county profile,	55233
the county department may prepare a local needs report analyzing	55234
the need for Title XX social services.	55235

The county department shall submit the county profile to the	55236
board of county commissioners for its review. Once the county	55237
profile has been approved by the board, the county department	55238
shall file a copy of the county profile with the department of job	55239
and family services. The department shall approve the county	55240
profile if the department determines the profile provides for the	55241
Title XX social services to meet the goals specified in division	55242
(B) of this section.	55243

(F) Not less often than every two years, the departments of	55244
job and family services, mental health, and mental retardation and	55245
developmental disabilities each shall commission an entity	55246
independent of itself to conduct an audit of its Title XX	55247
expenditures in accordance with generally accepted auditing	55248
principles. Within thirty days following the completion of its	55249
audit, each department shall submit a copy of the audit to the	55250
general assembly and to the United States secretary of health and	55251
human services.	55252

(G) Any of the three state departments and their respective	55253
local agencies may require that an entity under contract to	55254
provide social services with Title XX funds submit to an audit on	55255
the basis of alleged misuse or improper accounting of funds. The	55256
three state departments and their respective local agencies may	55257
terminate or refuse to enter into a Title XX contract with a	55258
provider of social services if there are adverse findings in an	55259
audit that are the responsibility of the provider. The amount of	55260
any adverse findings shall not be reimbursed with Title XX funds.	55261
The cost of conducting an audit shall be reimbursed under a	55262
subsequent or amended Title XX contract with the provider.	55263

(H) If federal funds received by the department of job and	55264
family services for use under Chapters 5107. and 5108. of the	55265
Revised Code are transferred by the controlling board for use in	55266
providing social services under this section, the distribution and	55267
use of the funds are not subject to the provisions of division (C)	55268
of this section. The department may do one or both of the	55269
following with the funds:	55270

(1) Distribute the funds to the county departments of job and	55271
family services;	55272

(2) Use the funds for services that benefit individuals	55273
eligible for services consistent with the principles of Title IV-A	55274
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.	55275
301, as amended.	55276

(I) Except for the authority to adopt rules under division	55277
(J) of this section as necessary to carry out this division, this	55278
section does not apply to any distribution by the department of	55279
job and family services of funds for reimbursement of allowable	55280
Title XX expenditures when the funds for the reimbursement are	55281
received from a federal funding source other than Title XX.	55282

(J) The department of job and family services may adopt rules	55283
necessary to carry out the purposes of this section. Rules adopted	55284
under this division shall be adopted in accordance with Chapter	55285
119. of the Revised Code, unless they are internal management	55286
rules governing fiscal and administrative matters. Internal	55287
management rules may be adopted in accordance with section 111.15	55288
of the Revised Code.	55289

Sec. 5101.58. As used in this section and section 5101.59 of	55290
the Revised Code, "public assistance" means aid provided under	55291
Chapter 5111. or 5115. of the Revised Code and participation in	55292
the Ohio works first program established under Chapter 5107. of	55293
the Revised Code.	55294

The acceptance of public assistance gives a right of recovery	55295
to the department of job and family services and a county	55296
department of job and family services against the liability of a	55297
third party for the cost of medical services and care arising out	55298
of injury, disease, or disability of the public assistance	55299
recipient or participant. When an action or claim is brought	55300
against a third party by a public assistance recipient or	55301
participant, the entire amount of any settlement or compromise of	55302
the action or claim, or any court award or judgment, is subject to	55303
the recovery right of the department of job and family services or	55304
county department of job and family services. Except in the case	55305
of a recipient or participant who receives medical services or	55306
care through a managed care organization, the department's or	55307
county department's claim shall not exceed the amount of medical	55308
expenses paid by the departments on behalf of the recipient or	55309
participant. In the case of a recipient or participant who	55310
receives medical services or care through a managed care	55311
organization, the amount of the department's or county	55312
department's claim shall be the amount the managed care	55313
organization pays for medical services or care rendered to the	55314
recipient or participant, even if that amount is more than the	55315
amount the departments pay to the managed care organization for	55316
the recipient's or participant's medical services or care. Any	55317
settlement, compromise, judgment, or award that excludes the cost	55318
of medical services or care shall not preclude the departments	55319
from enforcing their rights under this section.	55320

Prior to initiating any recovery action, the recipient or	55321
participant, or the recipient's or participant's representative,	55322
shall disclose the identity of any third party against whom the	55323
recipient or participant has or may have a right of recovery.	55324
Disclosure shall be made to the department of job and family	55325
services when medical expenses have been paid pursuant to Chapter	55326
5111. or 5115. of the Revised Code. Disclosure shall be made to	55327
both the department of job and family services and the appropriate	55328
county department of job and family services when medical expenses	55329
have been paid pursuant to Chapter 5115. of the Revised Code. No	55330
settlement, compromise, judgment, or award or any recovery in any	55331
action or claim by a recipient or participant where the	55332
departments have a right of recovery shall be made final without	55333
first giving the appropriate departments notice and a reasonable	55334
opportunity to perfect their rights of recovery. If the	55335
departments are not given appropriate notice, the recipient or	55336
participant is liable to reimburse the departments for the	55337
recovery received to the extent of medical payments made by the	55338
departments. The departments shall be permitted to enforce their	55339
recovery rights against the third party even though they accepted	55340
prior payments in discharge of their rights under this section if,	55341
at the time the departments received such payments, they were not	55342
aware that additional medical expenses had been incurred but had	55343
not yet been paid by the departments. The third party becomes	55344
liable to the department of job and family services or county	55345
department of job and family services as soon as the third party	55346
is notified in writing of the valid claims for recovery under this	55347
section.	55348

The right of recovery does not apply to that portion of any	55349
judgment, award, settlement, or compromise of a claim, to the	55350
extent of attorneys' fees, costs, or other expenses incurred by a	55351
recipient or participant in securing the judgment, award,	55352
settlement, or compromise, or to the extent of medical, surgical,	55353
and hospital expenses paid by such recipient or participant from	55354
the recipient's or participant's own resources. Attorney fees and	55355
costs or other expenses in securing any recovery shall not be	55356
assessed against any claims of the departments.	55357

To enforce their recovery rights, the departments may do any	55358
of the following:	55359

(A) Intervene or join in any action or proceeding brought by	55360
the recipient or participant or on the recipient's or	55361
participant's behalf against any third party who may be liable for	55362
the cost of medical services and care arising out of the	55363
recipient's or participant's injury, disease, or disability;	55364

(B) Institute and pursue legal proceedings against any third	55365
party who may be liable for the cost of medical services and care	55366
arising out of the recipient's or participant's injury, disease,	55367
or disability;	55368

(C) Initiate legal proceedings in conjunction with the	55369
injured, diseased, or disabled recipient or participant or the	55370
recipient's or participant's legal representative.	55371

Recovery rights created by this section may be enforced	55372
separately or jointly by the department of job and family services	55373
and the county department of job and family services.	55374

The right of recovery given to the department under this	55375
section does not include rights to support from any other person	55376
assigned to the state under sections 5107.20 and ~~5115.13~~5115.07	55377
of the Revised Code, but includes payments made by a third party	55378
under contract with a person having a duty to support.	55379

The director of job and family services may adopt rules in	55380
accordance with Chapter 119. of the Revised Code the department	55381
considers necessary to implement this section.	55382

Sec. 5101.59. (A) The application for or acceptance of	55383
public assistance constitutes an automatic assignment of certain	55384
rights to the department of job and family services. This	55385
assignment includes the rights of the applicant, recipient, or	55386
participant and also the rights of any other member of the	55387
assistance group for whom the applicant, recipient, or participant	55388
can legally make an assignment.	55389

Pursuant to this section, the applicant, recipient, or	55390
participant assigns to the department any rights to medical	55391
support available to the applicant, recipient, or participant or	55392
for other members of the assistance group under an order of a	55393
court or administrative agency, and any rights to payments from	55394
any third party liable to pay for the cost of medical care and	55395
services arising out of injury, disease, or disability of the	55396
applicant, recipient, participant, or other members of the	55397
assistance group.	55398

Medicare benefits shall not be assigned pursuant to this	55399
section. Benefits assigned to the department by operation of this	55400
section are directly reimbursable to the department by liable	55401
third parties.	55402

(B) Refusal by the applicant, recipient, or participant to	55403
cooperate in obtaining medical support and payments for self or	55404
any other member of the assistance group renders the applicant,	55405
recipient, or participant ineligible for public assistance, unless	55406
cooperation is waived by the department. Eligibility shall	55407
continue for any individual who cannot legally assign the	55408
individual's own rights and who would have been eligible for	55409
public assistance but for the refusal to assign the individual's	55410
rights or to cooperate as required by this section by another	55411
person legally able to assign the individual's rights.	55412

If the applicant, recipient, or participant or any member of	55413
the assistance group becomes ineligible for public assistance, the	55414
department shall restore to the applicant, recipient, participant,	55415
or member of the assistance group any future rights to benefits	55416
assigned under this section.	55417

The rights of assignment given to the department under this	55418
section do not include rights to support assigned under section	55419
5107.20 or ~~5115.13~~5115.07 of the Revised Code.	55420

(C) The director of job and family services may adopt rules	55421
in accordance with Chapter 119. of the Revised Code to implement	55422
this section, including rules that specify what constitutes	55423
cooperating with efforts to obtain medical support and payments	55424
and when the cooperation requirement may be waived.	55425

Sec. 5101.75. (A) As used in sections 5101.75, 5101.751,	55426
5101.752, 5101.753, and 5101.754 of the Revised Code:	55427

(1) "Alternative source of long-term care" includes a	55428
residential care facility licensed under Chapter 3721. of the	55429
Revised Code, an adult care facility licensed under Chapter 3722.	55430
of the Revised Code, home and community-based services, and a	55431
nursing home licensed under Chapter 3721. of the Revised Code that	55432
is not a nursing facility.	55433

(2) "Medicaid" means the medical assistance program	55434
established under Chapter 5111. of the Revised Code.	55435

(3) "Nursing facility" has the same meaning as in section	55436
5111.20 of the Revised Code.	55437

(4) "Representative" means a person acting on behalf of an	55438
applicant for admission to a nursing facility. A representative	55439
may be a family member, attorney, hospital social worker, or any	55440
other person chosen to act on behalf of an applicant.	55441

(5) "Third-party payment source" means a third-party payer as	55442
defined in section 3901.38 of the Revised Code or medicaid.	55443

(B) Effective July 1, 1994, the department of job and family	55444
services may assess a person applying or intending to apply for	55445
admission to a nursing facility who is not an applicant for or	55446
recipient of medicaid to determine whether the person is in need	55447
of nursing facility services and whether an alternative source of	55448
long-term care is more appropriate for the person in meeting the	55449
person's physical, mental, and psychosocial needs than admission	55450
to the facility to which the person has applied.	55451

Each assessment shall be performed by the department or an	55452
agency designated by the department under section 5101.751 of the	55453
Revised Code and shall be based on information provided by the	55454
person or the person's representative. It shall consider the	55455
person's physical, mental, and psychosocial needs and the	55456
availability and effectiveness of informal support and care. The	55457
department or designated agency shall determine the person's	55458
physical, mental, and psychosocial needs by using, to the maximum	55459
extent appropriate, information from the resident assessment	55460
instrument specified in rules adopted by the department under	55461
division (A) of section 5111.231 of the Revised Code. The	55462
department or designated agency shall also use the criteria and	55463
procedures established in rules adopted by the department under	55464
division (I) of this section. Assessments may be performed only by	55465
persons certified by the department under section 5101.752 of the	55466
Revised Code. The department or designated agency shall make a	55467
recommendation on the basis of the assessment and, not later than	55468
the time the assessment is required to be performed under division	55469
(D) of this section, give the person assessed written notice of	55470
the recommendation, which shall explain the basis for the	55471
recommendation. If the department or designated agency determines	55472
pursuant to an assessment that an alternative source of long-term	55473
care is more appropriate for the person than admission to the	55474
facility to which the person has applied, the department or	55475
designated agency shall include in the notice possible sources of	55476
financial assistance for the alternative source of long-term care.	55477
If the department or designated agency has been informed that the	55478
person has a representative, it shall give the notice to the	55479
representative.	55480

(C) A person is not required to be assessed under division	55481
(B) of this section if any of the following apply:	55482

(1) The circumstances specified by rules adopted under	55483
division (I) of this section exist.	55484

(2) The person is to receive care in a nursing facility under	55485
a contract for continuing care as defined in section 173.13 of the	55486
Revised Code.	55487

(3) The person has a contractual right to admission to a	55488
nursing facility operated as part of a system of continuing care	55489
in conjunction with one or more facilities that provide a less	55490
intensive level of services, including a residential care facility	55491
licensed under Chapter 3721. of the Revised Code, an adult-care	55492
facility licensed under Chapter 3722. of the Revised Code, or an	55493
independent living arrangement;	55494

(4) The person is to receive continual care in a home for the	55495
aged exempt from taxation under section 5701.13 of the Revised	55496
Code;	55497

(5) The person is to receive care in the nursing facility for	55498
not more than fourteen days in order to provide temporary relief	55499
to the person's primary caregiver and the nursing facility	55500
notifies the department of the person's admittance not later than	55501
twenty-four hours after admitting the person;	55502

(6) The person is to be transferred from another nursing	55503
facility, unless the nursing facility from which or to which the	55504
person is to be transferred determines that the person's medical	55505
condition has changed substantially since the person's admission	55506
to the nursing facility from which the person is to be transferred	55507
or a review is required by a third-party payment source;	55508

(7) The person is to be readmitted to a nursing facility	55509
following a period of hospitalization, unless the hospital or	55510
nursing facility determines that the person's medical condition	55511
has changed substantially since the person's admission to the	55512
hospital, or a review is required by a third-party payment source;	55513

(8) The department or designated agency fails to complete an	55514
assessment within the time required by division (D) or (E) of this	55515
section or determines after a partial assessment that the person	55516
should be exempt from the assessment.	55517

(D) The department or designated agency shall perform a	55518
complete assessment, or, if circumstances provided by rules	55519
adopted under division (I) of this section exist, a partial	55520
assessment, as follows:	55521

(1) In the case of a hospitalized person applying or	55522
intending to apply to a nursing facility, not later than two	55523
working days after the person or the person's representative is	55524
notified that a bed is available in a nursing facility;	55525

(2) In the case of an emergency as determined in accordance	55526
with rules adopted under division (I) of this section, not later	55527
than one working day after the person or the person's	55528
representative is notified that a bed is available in a nursing	55529
facility;	55530

(3) In all other cases, not later than five calendar days	55531
after the person or the person's representative who submits the	55532
application is notified that a bed is available in a nursing	55533
facility.	55534

(E) If the department or designated agency conducts a partial	55535
assessment under division (D) of this section, it shall complete	55536
the rest of the assessment not later than one hundred eighty days	55537
after the date the person is admitted to the nursing facility	55538
unless the assessment entity determines the person should be	55539
exempt from the assessment.	55540

(F) A person assessed under this section or the person's	55541
representative may file a complaint with the department about the	55542
assessment process. The department shall work to resolve the	55543
complaint in accordance with rules adopted under division (I) of	55544
this section.	55545

(G) A person is not required to seek an alternative source of	55546
long-term care and may be admitted to or continue to reside in a	55547
nursing facility even though an alternative source of long-term	55548
care is available or the person is determined pursuant to an	55549
assessment under this section not to need nursing facility	55550
services.	55551

(H) No nursing facility ~~with~~for which an operator has a	55552
provider agreement with the department under section 5111.22 of	55553
the Revised Code shall admit or retain any person, other than a	55554
person exempt from the assessment requirement as provided by	55555
division (C) of this section, as a resident unless the nursing	55556
facility has received evidence that a complete or partial	55557
assessment has been completed.	55558

(I) The director of job and family services shall adopt rules	55559
in accordance with Chapter 119. of the Revised Code to implement	55560
and administer this section. The rules shall include all of the	55561
following:	55562

(1) The information a person being assessed or the person's	55563
representative must provide to enable the department or designated	55564
agency to do the assessment;	55565

(2) Criteria to be used to determine whether a person is in	55566
need of nursing facility services;	55567

(3) Criteria to be used to determine whether an alternative	55568
source of long-term care is appropriate for the person being	55569
assessed;	55570

(4) Criteria and procedures to be used to determine a	55571
person's physical, mental, and psychosocial needs;	55572

(5) Criteria to be used to determine the effectiveness and	55573
continued availability of a person's current source of informal	55574
support and care;	55575

(6) Circumstances, in addition to those specified in division	55576
(C) of this section, under which a person is not required to be	55577
assessed;	55578

(7) Circumstances under which the department or designated	55579
agency may perform a partial assessment under division (D) of this	55580
section;	55581

(8) The method by which a situation will be determined to be	55582
an emergency for the purpose of division (D)(2) of this section;	55583

(9) The method by which the department will attempt to	55584
resolve complaints filed under division (F) of this section.	55585

(J) The director of job and family services may fine a	55586
nursing facility an amount determined by rules the director shall	55587
adopt in accordance with Chapter 119. of the Revised Code in	55588
either of the following circumstances:	55589

(1) The nursing facility fails to notify the department	55590
within the required time about an admission described in division	55591
(C)(5) of this section;	55592

(2) The nursing facility admits, without evidence that a	55593
complete or partial assessment has been conducted, a person other	55594
than a person exempt from the assessment requirement as provided	55595
by division (C) of this section.	55596

The director shall deposit all fines collected under this	55597
division into the residents protection fund established by section	55598
5111.62 of the Revised Code.	55599

Sec. 5101.80. (A) As used in this section and in section	55600
5101.801 of the Revised Code:	55601

(1) "County family services agency" has the same meaning as	55602
in section 307.981 of the Revised Code.	55603

(2) "State agency" has the same meaning as in section 9.82 of	55604
the Revised Code.	55605

(3) "Title IV-A program" means all of the following that are	55606
funded in part with funds provided under the temporary assistance	55607
for needy families block grant established by Title IV-A of the	55608
"Social Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as	55609
amended:	55610

(a) The Ohio works first program established under Chapter	55611
5107. of the Revised Code;	55612

(b) The prevention, retention, and contingency program	55613
established under Chapter 5108. of the Revised Code;	55614

(c) A program established by the general assembly or an	55615
executive order issued by the governor that is administered or	55616
supervised by the department of job and family services pursuant	55617
to section 5101.801 of the Revised Code;	55618

(d) A component of a Title IV-A program identified under	55619
divisions (A)(3)(a) to (c) of this section that the Title IV-A	55620
state plan prepared under division (C)(1) of this section	55621
identifies as a component.	55622

(B) The department of job and family services shall act as	55623
the single state agency to administer and supervise the	55624
administration of Title IV-A programs. The Title IV-A state plan	55625
and amendments to the plan prepared under division (C) of this	55626
section are binding on county family services agencies and state	55627
agencies that administer a Title IV-A program. No county family	55628
services agency or state agency administering a Title IV-A program	55629
may establish, by rule or otherwise, a policy governing the Title	55630
IV-A program that is inconsistent with a Title IV-A program policy	55631
established, in rule or otherwise, by the director of job and	55632
family services.	55633

(C) The department of job and family services shall do all of	55634
the following:	55635

(1) Prepare and submit to the United States secretary of	55636
health and human services a Title IV-A state plan for Title IV-A	55637
programs;	55638

(2) Prepare and submit to the United States secretary of	55639
health and human services amendments to the Title IV-A state plan	55640
that the department determines necessary, including amendments	55641
necessary to implement Title IV-A programs identified in division	55642
(A)(3)(c) and (d) of this section;	55643

(3) Prescribe forms for applications, certificates, reports,	55644
records, and accounts of county family services agencies and state	55645
agencies administering a Title IV-A program, and other matters	55646
related to Title IV-A programs;	55647

(4) Make such reports, in such form and containing such	55648
information as the department may find necessary to assure the	55649
correctness and verification of such reports, regarding Title IV-A	55650
programs;	55651

(5) Require reports and information from each county family	55652
services agency and state agency administering a Title IV-A	55653
program as may be necessary or advisable regarding the Title IV-A	55654
program;	55655

(6) Afford a fair hearing in accordance with section 5101.35	55656
of the Revised Code to any applicant for, or participant or former	55657
participant of, a Title IV-A program aggrieved by a decision	55658
regarding the program;	55659

(7) Administer and expend, pursuant to Chapters 5104., 5107.,	55660
and 5108. of the Revised Code and section 5101.801 of the Revised	55661
Code, any sums appropriated by the general assembly for the	55662
purpose of those chapters and section and all sums paid to the	55663
state by the secretary of the treasury of the United States as	55664
authorized by Title IV-A of the "Social Security Act," 110 Stat.	55665
2113 (1996), 42 U.S.C. 601, as amended;	55666

(8) Conduct investigations and audits as are necessary	55667
regarding Title IV-A programs;	55668

(9) Enter into reciprocal agreements with other states	55669
relative to the provision of Ohio works first and prevention,	55670
retention, and contingency to residents and nonresidents;	55671

(10) Contract with a private entity to conduct an independent	55672
on-going evaluation of the Ohio works first program and the	55673
prevention, retention, and contingency program. The contract must	55674
require the private entity to do all of the following:	55675

(a) Examine issues of process, practice, impact, and	55676
outcomes;	55677

(b) Study former participants of Ohio works first who have	55678
not participated in Ohio works first for at least one year to	55679
determine whether they are employed, the type of employment in	55680
which they are engaged, the amount of compensation they are	55681
receiving, whether their employer provides health insurance,	55682
whether and how often they have received benefits or services	55683
under the prevention, retention, and contingency program, and	55684
whether they are successfully self sufficient;	55685

(c) Provide the department with reports at times the	55686
department specifies.	55687

(11) Not later than January 1, 2001, and the first day of	55688
each January and July thereafter, prepare a report containing	55689
information on the following:	55690

(a) Individuals exhausting the time limits for participation	55691
in Ohio works first set forth in section 5107.18 of the Revised	55692
Code.	55693

(b) Individuals who have been exempted from the time limits	55694
set forth in section 5107.18 of the Revised Code and the reasons	55695
for the exemption.	55696

(12) Not later than January 1, 2001, and on a quarterly basis	55697
thereafter until December 1, 2003, prepare, to the extent the	55698
necessary data is available to the department, a report based on	55699
information determined under section 5107.80 of the Revised Code	55700
that states how many former Ohio works first participants entered	55701
the workforce during the most recent previous quarter for which	55702
the information is known and includes information regarding the	55703
earnings of those former participants. The report shall include a	55704
county-by-county breakdown and shall not contain the names or	55705
social security numbers of former participants.	55706

(13) To the extent authorized by section 5101.801 of the	55707
Revised Code, enter into interagency agreements with state	55708
agencies for the administration of Title IV-A programs identified	55709
under division (A)(3)(c) and (d) of this section.	55710

(D) The department shall provide copies of the reports it	55711
receives under division (C)(10) of this section and prepares under	55712
divisions (C)(11) and (12) of this section to the governor, the	55713
president and minority leader of the senate, and the speaker and	55714
minority leader of the house of representatives. The department	55715
shall provide copies of the reports to any private or government	55716
entity on request.	55717

(E) An authorized representative of the department or a	55718
county family services agency or state agency administering a	55719
Title IV-A program shall have access to all records and	55720
information bearing thereon for the purposes of investigations	55721
conducted pursuant to this section.	55722

Part I of this act continues in Part II.

55723

* * * end of Part I * * *

55724